How to deal with developer contract disputes, and how to deal with developer disputes

1) Negotiate a settlement. Negotiation means that the parties to the dispute can negotiate and settle the dispute according to the circumstances of the dispute.

2) Mediation settlement. Mediation refers to a way for the buyer and seller of a house purchase dispute to reach a settlement agreement in accordance with the provisions of the laws and regulations and policies related to the sale of commercial housing in accordance with the provisions of the laws and regulations and policies on the sale of commercial housing according to the application of one of the parties, under the auspices of the real estate management department, consumer association or other organizational departments, through persuasion and education, so that the house purchase dispute can be resolved in a timely manner.

3) Arbitration Settlement. Arbitration, also known as arbitration, refers to the agreement reached between the buyer and the seller before or after the dispute arises, and voluntarily submits the dispute to the arbitration authority to make a binding award on all parties in accordance with national laws, regulations and local administrative rules and regulations. Arbitration is not subject to the interference of administrative organs, social groups or individuals, and there is no subordinate relationship between the arbitration commission and the administrative organs.

Once the arbitral award is made, it has legal effect and the arbitral award is final, and there is no question of appeal by the parties. In order to resolve a dispute by arbitration, the home buyer and the developer must enter into an arbitration agreement and voluntarily submit the dispute to arbitration. If one of the parties is unwilling to submit the dispute to arbitration, then the dispute cannot be resolved in this way.

4) Administrative settlement. The administrative settlement of the purchase dispute refers to the dispute in which the parties repented after the mediation of the real estate management authority and other departments where the commercial housing is located is invalid or an agreement is reached, or the parties to the purchase dispute directly complain to the administrative department, and the administrative department will deal with the dispute. In terms of methods, administrative settlement generally goes through two stages: first-level administrative decision and administrative reconsideration.

Among them, the first-level administrative decision is the premise and necessary procedure for administrative reconsideration. Administrative reconsideration of real estate cases, including disputes over the purchase of houses, shall be carried out in accordance with the provisions of the Administrative Reconsideration Law.

5) Litigation Resolution. Litigation resolution of housing purchase disputes is a way for the people's courts to resolve housing purchase disputes with the joint participation of the parties to the dispute and other litigation participants. There are two types of housing dispute litigation: civil litigation and administrative litigation.

The parties to the civil lawsuit are equal civil subjects in the case of a house purchase dispute, that is, a citizen, a legal person or an unincorporated organization, and the civil lawsuit for a house purchase dispute shall be heard by the civil division of the people's court (some local people's courts have a special real estate court) in accordance with the provisions of the Civil Procedure Law.

According to the Explanation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, if the developer commits any of the following serious breaches, it may terminate the contract through negotiation or litigation or declare the contract invalid and claim compensation. 1. After the sales contract of the trading company is signed, the seller fails to notify the buyer to mortgage the house to a third party 2. After the sales contract of the trading company is signed, the seller gives the house to a third party 3. Deliberately conceals the fact that the pre-sale license of the trading company has not been obtained and provides a false pre-sale license of the trading company 4. Deliberately conceals the fact of selling the house mortgage 5. Deliberately conceals the fact that the house is sold to a third party or the house is demolished for compensation 6. The seller maliciously colludes with a third party to make a separate sales contract with the trading company.

Article 578 of the Civil Code of the People's Republic of China provides that if one of the parties clearly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

Article 149 of the Civil Code of the People's Republic of China: Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 148 of the Civil Code of the People's Republic of China: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

When buying a house, a contract was signed with the developer, and the buyer was very relieved that the developer would not violate the contract. However, in real life, I really encountered the developer's breach of the contract, which brought losses to myself. So, what to do if the developer violates the contract?

1. How to deal with the developer's breach of contract.

If the developer fails to deliver the house within the stipulated period, you can demand liquidated damages from the developer according to the contract, starting from the day after the agreed delivery date until the developer notifies the delivery time. Since this contract stipulates the manner in which the employer shall bear the liability for breach of contract for late delivery, it shall be dealt with in accordance with this contract. If the delivery is overdue for more than a certain period of time, the employer may choose to check out and require the employer to bear the liability for breach of contract as agreed.

For example, the contract could be agreed on as follows:

1.The developer must deliver the house agreed in the contract by a certain day of the year. For home buyers;

2.If the developer fails to deliver the house on time, the buyer should give the developer a grace period to allow the developer that the house will be delivered within the grace period.

However, the employer shall be liable for breach of contract, and the liquidated damages shall be executed in accordance with the contract according to the purchase amount paid by the buyer. Interest is calculated from the due date of delivery to the actual date of delivery;

3.If the developer fails to pay for the house after the grace period, then the buyer can have the right to terminate the contract while demanding a refund of the purchase price and interest from the developer, as well as liquidated damages.

Article 577 of the Civil Code: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

2. Settlement of disputes over the sale and purchase of commercial housing.

a) Consultation. Negotiation or negotiation between the buyer and the developer, or between the commercial bank, and finally reach an agreed solution. This method is characterized by not harming harmony and saving the cost of dispute settlement; However, without the mediation of an intermediary, it is difficult to solve the problem at once.

2) Mediation. In the event that the negotiation fails, mediation can be conducted under the auspices of a third party to finally resolve the dispute and reach a settlement agreement. The characteristics are not hurtful and peaceful, and there can be mediation when encountering difficulties, and the cost of resolving disputes is not very large; However, a third party may be invited to pay some fees, thus increasing the cost of resolving the dispute.

3) Arbitration. Arbitration is a dispute resolution system in which the parties voluntarily submit their disputes to a neutral third party for adjudication based on an agreement on the means of resolving the dispute. It is characterized by the final decision of the first award, which takes effect quickly and the processing cost paid by the winning party is low.

However, the advance payment of arbitration fees is high, and further communication with the enforcing court is required, and there are fewer remedies.

4) Litigation. In the event that the parties fail to negotiate or mediate, or directly file a lawsuit with the people's court with jurisdiction, the dispute between the parties shall be resolved. The characteristic is that as long as the parties have a dispute, regardless of whether the other party agrees or not, you can file a lawsuit yourself, which is a right of the parties.

Decisions heard by the court of first instance may also be appealed or even appealed. Winning the case can be strongly guaranteed by law; However, sometimes the time span is longer, and the litigation rules are strict.

Legal analysis: Negotiation refers to the exercise of legal rights by the parties under the premise of the law, the settlement of disputes, and the achievement of mutual understanding and compromise. The buyer and the developer negotiate the dispute between the two parties, propose a satisfactory solution, and reach a dispute resolution agreement.

Mediation is a method and activity in which the parties resolve disputes through voluntary negotiation under the auspices of a third party.

Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

Disputes over real estate development and operation contracts refer to disputes arising from contract performance, ownership of rights and interests, and liability for breach of contract in the process of real estate development and operation. Disputes involving the construction regulations and construction standards of real estate projects, such as the inconsistency of the understanding of the construction scale and standards between the two parties, resulting in the inability to perform the contract or the need to renegotiate.

Land use right disputes: Involving issues such as the acquisition, use period, and ownership of land use rights, such as problems in the transfer or renewal procedures of land use rights, resulting in the inability of real estate development to be carried out legally.

This type of case involves many legal issues and disputes, and also puts forward higher requirements for the professionalism of lawyers. For example, lawyer Xu Baotong in Shanghai and lawyer Wang Mengyu in Beijing are very professional in this regard, and they are relatively professional lawyers in dealing with contract disputes in China.

Legal analysis1. Negotiation. The parties shall exercise their lawful right of disposition, and on the premise permitted by law, they shall make mutual understanding and mutual concessions, and resolve disputes through negotiation. Negotiate disputes between the parties, propose a mutually satisfactory solution, and reach a dispute resolution agreement on this.

2. Mediation. Under the auspices of a third party, it is a method and activity for the parties to a dispute to eliminate the dispute and reach a settlement through voluntary consultation. People's mediation committees have been set up in grassroots mass organizations, villagers' committees and residents' committees, which specialize in mediating and handling civil disputes, including real estate disputes.

3. Arbitration. Arbitration is a quasi-judicial activity. After the occurrence of a real estate dispute, citizens may, in accordance with the arbitration agreement, request an arbitration institution to determine the facts, clarify responsibilities, and make an arbitration award in accordance with the law to resolve the real estate dispute.

The arbitral award has the force of law and must be enforced by the parties. The arbitration commission is responsible for the arbitration of contract disputes and other disputes over property rights and interests between equal subjects, and the parties to real estate disputes may, of course, apply to the arbitration commission where the real estate is located for arbitration in accordance with the law. 4. Litigation.

Real estate disputes may be brought to the people's courts in accordance with the law. Of course, the premise is that the dispute falls within the scope of acceptance by the people's court.

Legal analysisArticle 233 of the Civil Code of the People's Republic of China Where a property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation or other means.