What should I do if the developer delays the delivery of the house, and what should I do if the deve

The buyer applies for the termination of the contract, and when the developer is late in delivering the house, he can apply for the termination of the contract.

The real estate certificate (premisespermit) is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

1. What should the developer do if the delivery is delayed?

1. The developer has the following ways to deal with the postponement of delivery:

1) Collect evidence, such as checking whether there are any relevant provisions on the delivery of the house and the terms of liquidated damages in the contract;

2) To apply for check-out, the buyer can apply for check-out in accordance with the relevant regulations;

3) Filing a lawsuit with the court, when the buyer and the developer fail to reach an agreement, the buyer can take the relevant evidence to the court to sue the developer, requiring the developer to pay liquidated damages and compensate for losses.

2. Legal basis: Article 597 of the Civil Code of the People's Republic of China.

If the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

2. How to calculate the liquidated damages for the developer's delay in delivery.

The developer's liquidated damages for delayed delivery need to be calculated in accordance with the following provisions:

1. According to the calculation of the purchase contract, it is generally agreed in the purchase contract in advance to delay the delivery of liquidated damages, once it is found that the developer has delayed the delivery of the house, you can claim to bear the liability for breach of contract and pay the liquidated damages.

In addition, if it is considered that the agreed liquidated damages are lower than the actual losses, the owner can also request an increase in liquidated damages;

2. If there is no agreement in the purchase contract, the liquidated damages may be calculated and recovered with reference to the rent standard of the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency.

Legal analysis: If the developer delivers the house late, the buyer can require the buyer to bear the liability for breach of contract and pay liquidated damages. As for the amount of liquidated damages, under normal circumstances, if the two parties have agreed in the contract, it shall be executed in accordance with the principle of agreement according to the agreement and no agreement according to the statutory principle, and the proportion agreed in the contract shall be enforced; If there is no agreement in the contract, the bank loan interest rate for the same period shall prevail.

However, although there is no uniform standard for liquidated damages for late delivery, the proportion of liquidated damages in the contract is not fixed and can be appropriately adjusted based on the actual loss.

Legal basis: Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 16 Where a party requests a reduction on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30% of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.

Legal analysis: If the developer delays the delivery of the house, the buyer can ask the developer to pay liquidated damages or terminate the contract. There will be an agreement in the contract for the sale and purchase of commercial housing, and in the event of late delivery, the legal liability for late delivery borne by the developer is to multiply the liquidated damages per day by the total number of overdue days.

If a certain period of time has passed, the contract can be terminated. If the seller delays the delivery of the house and fails to perform within a reasonable period of three months after being reminded, and one party requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties. If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party.

If the other party does not demand, the right of rescission shall be exercised within one year from the date of occurrence of the right of rescission, and if it is not exercised within the time limit, the right of rescission shall be extinguished. Therefore, if the developer is late in handing over the house, the buyer can ask the developer to pay liquidated damages or terminate the contract.

Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

If the developer delivers the house late, the buyer may require the buyer to bear the liability for breach of contract and pay liquidated damages. As for the amount of liquidated damages, under normal circumstances, if the two parties have a contract, it shall be executed in accordance with the principle of agreement according to the agreement and the principle of statutory agreement if there is no agreement, and the proportion agreed in the contract shall be enforced; If there is no agreement in the contract, the bank loan interest rate for the same period shall prevail. However, although there is no uniform standard for the default payment for late delivery, the proportion of liquidated damages in the contract is not fixed and can be appropriately adjusted based on the actual loss.

If it does not meet personal expectations, you can check how the postponement of delivery is agreed in the purchase contract, generally the deferred delivery needs to pay liquidated damages, or the buyer can apply to check out, at this time, you can apply for check-out in accordance with the contract, the developer not only has to return the deposit and down payment, but also needs to compensate for liquidated damages and bear the liability for breach of contract; If the individual still wants this house, he can negotiate with the developer to compensate for the loss of Sakura Yumo caused by the failure to deliver the house on time.

If the developer postpones the delivery of the house, then it is necessary to postpone the real estate certificate, and the virtual ruler can ask the other party to pay liquidated damages according to the provisions in the contract. In addition, if the check-out deadline is reached, the buyer can terminate the contract at this time, and the seller can also pay some liquidated damages. If the house has not passed the acceptance, but the developer has delivered the house without authorization, then the owner can directly go to the local construction department to report the developer, and can refuse to hand over the house, in this case, it will generally be regarded as the developer has not delivered the house.

As long as the house has not been delivered to the owner, then the owner cannot decorate. The main reason why developers delay the delivery of the house is because the house has not yet been built, so it is not realistic to decorate at this time. Even if the main body of the house is ready, there is still a lot of work to be done inside and outside the house, and the decoration standards cannot be met for the time being.

The above is the content of what to do if the developer delays the delivery of the house, and the developer can be required to pay compensation to himself in accordance with the provisions of the contract.