Can I check out if the off plan property is overdue, and can I check out after the deadline

Hello, yes, you can also claim compensation if you are eligible!

Under certain conditions, the developer can be asked to move out. First of all, it is necessary to check the agreement on the delivery period in the pre-sale contract, and if there is an agreement, if there is no agreement or it is not clarified, you can refer to Article 94 of the Contract Law, if one of the parties delays the performance of the main debt and fails to perform within a reasonable period of time after being reminded, the other party can terminate the contract. and the interpretation of "reasonable period" in the Interpretation of the Supreme People's Court on Disputes over Contracts for the Sale and Purchase of Commercial Housing, that is, 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 of the parties requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties.

Indemnify. First of all, the buyer can claim liability for breach of contract against the developer according to the provisions of the pre-sale contract on the delivery period. Secondly, a reminder notice can be served on the developer, requiring it to deliver the house as soon as possible and compensate for the loss beyond the date; If the house is not delivered within three months after the reminder and cannot give a legitimate reason, the owner can terminate the contract and require the developer to refund the paid house price and interest, and bear the corresponding liability for breach of contract.

Legal analysis: 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 of the parties requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties. If 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, the other party may terminate the contract.

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

Article 562:The parties may terminate the contract if they reach a consensus through negotiation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

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 obligation; (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 urged to do so; (4) One of the parties delays the performance of its obligations or has 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.

Legal analysis: Late delivery can be checked-out.

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.

Legal basis: Interpretation of the Supreme People's Court of Xunhe 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 15 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 law does not provide or the parties have not agreed, the time limit for exercising the right of rescission is 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; If it is not exercised within the time limit, the right of rescission shall be extinguished.

For friends who buy a house, the most anticipated is the day of delivery, the sooner the house can be decorated, so that you can move into the new house as soon as possible. So, what information will the delivery developer provide? Can I check out after the deadline? Let's take a look at the introduction I brought!

What information will be provided by the delivery developer?

The delivery developer will provide "three books, one certificate and one table", "three books" refers to the "Residential Quality Assurance Certificate", "Residential Instruction Manual" and "Construction Project Quality Certificate", "one certificate" refers to the "Real Estate Development and Construction Project Completion Comprehensive Acceptance Certificate", and "One Table" refers to the "Completion Acceptance Record Form".

Can I check out after the deadline?

If the late delivery exceeds the reasonable period of three months after the reminder, you can check out. According to the provisions of the Civil Code, if 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.

What to pay attention to when handing over the house.

1. Whether the ground is flat.

When handing over the house, you need to pay attention to check the flatness of the ground, because whether the indoor ground is flat will directly affect the decoration of the ground, resulting in the tiles are easy to crack and arch, and the floor of the room is easy to warp and crack.

2. Whether the floor drain drainage is smooth.

Since workers will accidentally drop cement blocks or cement into the drain pipe of the floor drain when building a house, it is necessary to check whether the drainage pipe is unblocked and whether there is any blockage when handing over the house, so as not to affect the future life.

3. Whether the toilet sewer pipe is missing and the fire ring is installed.

Usually the fire ring is installed on the top of the sewer pipe, which is to avoid the fire will spread along the sewer pipe when the fire is fire, so when the fire ring of the sewer pipe is subjected to high temperature, it will automatically expand and then squeeze and break the sewer pipe, so as to cut off the spread of the fire.

4. Do a good job of waterproof experiments.

The waterproof test must be inspected when handing over the house, especially in the bathroom, kitchen and other areas where the use of water is more frequent and hail stools are common, if there is water seepage, it is necessary to notify the developer in time for treatment.

5. Whether the doors and windows are in normal use.

Usually, most of the windows installed by real estate developers are aluminum alloy, so the quality will be relatively poor, so it is necessary to pay attention to the airtightness of the windows when handing over the house, especially the sealing strips, and also check whether the doors and windows are opened and closed normally.

Legal analysis: Late delivery can be checked-out.

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.

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 15 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 law does not provide or the parties have not agreed, the reasonable period of time for the right of rescission is 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; If it is not exercised within the time limit, the right of rescission shall be extinguished.