What will happen to the developer s delay in delivery?

If the developer delays the delivery of the house, the owner can negotiate with the developer to protect his rights, which is the lowest cost way to protect his rights, if the negotiation fails, the owner can protect his rights through arbitration or litigation, and file a civil lawsuit with the court to require the developer to perform or compensate for losses in a timely manner.

[Legal basis].

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or its performance 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.

Article 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Article 580.

If one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

a) de jure or de facto inability to perform;

2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive

3) The creditor does not request performance within a reasonable period of time.

1. Require the developer to deliver the house as soon as possible and pay the liquidated damages for late delivery. The majority of owners can sue the developer according to the agreement in the contract, require them to deliver the house as soon as possible, and pay liquidated damages for late delivery according to the actual losses of the owner.

2. The owner has the right to terminate the contract. Where the seller delays the delivery of the house or the buyer delays the payment of the purchase price and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties.

If the delivery of the house is far away due to the developer's capital chain and other reasons, the owner can choose to terminate the contract in accordance with the law or as agreed and ask the developer to return the "purchase price + interest + liquidated damages".

Legal basis: Article 577 of the Civil Code of the People's Republic of China stipulates that if 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.

Legal analysis: If the developer postpones the delivery of the house, he can first make a reminder to require him to fulfill the delivery obligation, and if he still fails to perform the delivery obligation within a reasonable period of time after the reminder, he can apply for the termination of the contract. and require the other party to bear the liability for breach of contract and compensate for the losses suffered.

Legal basis: Civil Code of the People's Republic of China

Article 186:Where the personal rights and interests or property rights and interests of the other party are harmed due to a party's breach of contract, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

If the developer delays the delivery of the house due to its own reasons, it can negotiate and require it to bear the liability for breach of contract. If it cannot be negotiated, it can be resolved through arbitration or litigation. According to Article 17 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 Commodity Housing, the amount of liquidated damages or the amount of damages for damages may be determined with reference to the following criteria if the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the calculation method for damages

If the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China. If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery and use of the house. Article 17 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 Commodity Housing Sales Contracts Article 17 The commercial housing sales contract does not stipulate the amount of liquidated damages or the method of calculating the amount of damages, and the amount of liquidated damages or damages may be determined with reference to the following standards:

If the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China. If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery and use of the house.

The developer's treatment of the delivery of the house during the hungry period:

1. Negotiate with the developer to claim liquidated damages in accordance with the contract;

2. If the contract is not agreed upon, it shall bear legal responsibility in accordance with laws and regulations;

3. You can request to terminate the contract.

[Legal basis].According to Article 563 of the Civil Code, which came into effect in 2021, the parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of continuous performance of debts, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

Negotiating a solution with the developer is the quickest and most cost-effective solution. First of all, the buyer (or the appointed lawyer).

You should negotiate with the developer in person, explain the delay in delivery, and put forward a request for negotiation and settlement, such as asking for compensation. If the buyer and the developer can reach an agreement, then it will save a lot of trouble.

Legal analysis: 1. Negotiation with the developer is the fastest and most economical solution. First of all, the buyer (or the appointed lawyer).

You should negotiate with the developer in person, explain the delay in delivery, and put forward a request for negotiation and settlement, such as asking for compensation. If the buyer and the developer can reach an agreement, then it will save a lot of trouble.

2. Complain to the local housing management department.

3. Report to the housing management authority.

The third way is to report to the housing construction authority and request that the developer be punished. This method can also play -

definite effect. However, the power of the housing construction management authority is limited, generally only administrative power, no civil trial power, can only punish the developer, but cannot take compulsory means to require the developer to compensate the owner in a timely and full amount.

4. Conduct litigation.

Filing a lawsuit in court is a last resort because litigation is time-consuming and labor-intensive, and can cause a lot of trouble for the owner. The owner may request that the developer be ordered to pay liquidated damages for the delay in delivery, or that the contract for the sale and purchase of the house be terminated in accordance with the provisions of the law or the contract. Litigation requires evidence, and the owner must pay attention to collecting evidence of the developer's delay in delivery.

For example, evidence should be retained in the form of video recordings, transcripts, etc.

Legal basis: Interpretation 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

Article 11: In accordance with the provisions of Article 563 of the Civil Code, where the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract 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 person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for rescission. If it is not exercised within the time limit, the right of rescission shall be extinguished.

If the buyer does not wait for the developer's inspection notice, there may be a delay in the delivery of the house, at this time the buyer can negotiate with the developer first, and negotiating with the developer is a faster way to solve the problem. The buyer can propose a solution with the developer, such as asking for compensation, and if the buyer and the developer can reach an agreement, it can save a lot of trouble.

In the case that the negotiation with the developer can not be resolved, the buyer can complain to the consumer association, when complaining, the buyer should submit detailed written information and supporting materials, although the decision of the consumer association is not mandatory binding on both parties, but it will affect the social image of the developer, which can also cause a certain pressure on the developer, and this solution will have a certain effect.

In serious cases, the house can also respond to the relevant authorities, but before reacting, the buyer needs to have the relevant evidence and then wait for the relevant authorities to verify. However, it should be noted that the power of the housing construction management department is limited, and only the administrative power does not have the right to explicitly adjudicate, and can only punish the developer, and cannot take compulsory measures to require the developer to compensate the owner.

At this time, the buyer can file a lawsuit with the local court, clearly requiring the developer to pay liquidated damages for delayed delivery, or terminate the housing sales contract in accordance with the relevant regulations, but when filing a lawsuit, certain evidence is required, and the buyer must pay attention to collecting evidence of the developer's delay in delivery, such as retaining it in the form of video transcripts.