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It is a good idea to work with the collective strength of the owners, and it is best to presume a few representatives, who can negotiate with the developer at any time.
Due to the increase in the price of the property, it is unwise to check out. What the developer is required to do is to complete the other four certificates as early as possible and the compensation for the delay in delivery.
After the owner and the developer reach an agreement on the transaction issue, there are many common interests, such as early delivery of the house and early completion of relevant documents. Therefore, when negotiating with developers, they can seek and strive to maximize their own interests based on common interests.
Regarding the compensation for delayed delivery, according to the general regulations, it is about 3/10,000 of the total amount of compensation per day.
In addition, it is necessary to discuss the explanation of reasons that are not the developer's reasons, and how to interpret them. In short, you can only do it step by step, and it is best to achieve success.
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Hello. I'm in sales.
Quite a lot of questions from your developer.
I advise you not to buy such a house.
You're only thinking about the price increase of the house now.
Have you ever thought of the developer to escape.
You won't get your money back.
You'd better get your money back now.
Contact the owner and sue the developer.
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Because you only have one purchase agreement in hand, you can only start with the agreement: 1. First of all, it depends on the content of the agreement, whether it includes the developer's liability for breach of contract for delaying the delivery of the house, and if so, the developer is required to compensate on this basis; (The reasons for the extension you listed are not exempted).
2. If the developer does not have a pre-sale certificate and sells the property, you can complain to its administrative department, and the result may be to check out and return the purchase price, if you check out, it is recommended to request the premium compensation of the house you purchased during this period of time through legal channels.
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1. How to avoid delaying the delivery of the house and buying a house in the process of buying a house, once the purchase price is paid, the developer enjoys the initiative, when to hand over the house, when to help with the transfer procedures and other issues depend on the efficiency and enthusiasm of the developer. Therefore, buyers should do their homework before paying to avoid many surprises. The buyer can clearly stipulate the delivery time and the liability for breach of contract for delayed delivery by signing the purchase contract.
It should be agreed in the purchase contract as follows:
1. The developer shall deliver the house agreed in the contract to the buyer before a certain month;
2. If the developer cannot deliver the house on time, then the buyer should give the developer a grace period and allow the developer to deliver the house within the grace period. However, the developer shall bear the liability for breach of contract, and the liquidated damages shall be calculated according to the interest paid by the buyer from the delivery period stipulated in the contract to the actual delivery date;
3. If the developer still fails to deliver the house after the grace period, the buyer has the right to terminate the contract, and at the same time require the developer to return the purchase price and interest, and pay liquidated damages. Because the common people do not know much about the more professional documents such as the purchase contract, it is best to ask a professional lawyer to help revise the contract template after getting the model contract provided by the developer. During the signing process, in order to avoid the developer adding some clauses in the contract in their favor, it is best to have a property lawyer accompany you to maximize the interests of the buyer.
2. What should I do if the developer delays the delivery of the houseWhat should I do if I really encounter the situation that the developer has delayed the delivery of the house, you can try the following two ways:
1. Negotiate with the developer. The delay in delivery is the responsibility of the developer, and the buyer can negotiate with the developer, ask the developer to deliver the house within a time limit, and make certain compensation for the losses caused by the delay in delivery. This process is difficult to carry out because the developer is more powerful than the buyer, and they are generally not easy to talk about, so the buyer can invite a professional lawyer to accompany him to the negotiation.
2. Fight a lawsuit with the developer. If the above-mentioned negotiation methods cannot solve the problem, then you can only take up the law to protect your legitimate rights and interests. If the developer fails to deliver the house within the agreed period, it should bear the corresponding liability for breach of contract.
Therefore, the buyer can go to the court to file a lawsuit and ask the court to order the developer to hand over the property and compensate for the damages. The most important thing in a lawsuit is to find evidence and argue on the basis of reason in the court, at this time, you can find a lawyer who is proficient in real estate as a person to protect your rights and interests more quickly and efficiently.
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Legal analysis: If the developer delays the delivery of the house without justifiable reasons, the buyer shall urge the buyer to terminate the contract if the house is still not delivered within a reasonable period of time after being reminded.
Legal basis: Civil Code of the People's Republic of China
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 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.
Article 577: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.
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1. Choose a developer with a high qualification level
Generally, developers with high qualification levels are more reliable, and if you choose this type of developer, you can also reduce the probability of delaying the delivery of the developer, and the developer's grade can be divided into four levels to one level, among which the first-level qualification developer is the best, and you can choose the real estate built by the first-class qualification developer. And the strength of the first-level developer, there will be basically no financial problems, to know whether the funds can be turned over in the process of building the real estate is very critical.
2. Look at the owner's evaluation
A mature developer must have developed more than one property, and buyers can understand whether the developer will delay the delivery of the property based on the delivery of the property built by the previous developer.
3. Field trips
Although the purchase of off-plan houses is to buy houses that have not yet been built, but some of the real estate is not started at all, and some real estate is built for most of the time, which belongs to the category of off-plan housing. In addition, buyers can judge the quality of the real estate according to the planning layout, landscaping, and project support, and can also infer the developer's best experience.
How does the developer deal with the delay in delivery?
Usually when we sign the off-plan purchase agreement, we have agreed on a specific delivery date in the purchase agreement, but there are also some collapse developers who deliberately define the delivery date with a vague concept of time, which leads to the buyer's inability to say it. If the buyer encounters a delay in the delivery of the property by the developer, it is best to gather other buyers to protect their rights and interests through legal means, and if necessary, they can apply for arbitration or file a lawsuit in court.
If there is a dispute in the process of real estate transaction, the buyer can negotiate with the developer first, but if the result of the negotiation is not conducive to himself, the buyer must not be forced to agree under any pressure, and know to protect his rights and interests through legal channels.
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Legal analysis: 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. The right of cancellation is valid for one year. The contract can be terminated at any time within one year by notice to the developer.
Legal basis: Civil Code of the People's Republic of China
Article 500 Zheng Pinyuan Article 77 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.
Article 578:Where one of the parties clearly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may ask for a petition before the expiration of the performance period, and it shall bear the liability for breach of contract.
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According to the provisions of the Civil Code of the People's Republic of China, after the developer signs the housing sales contract with the owner, the developer's delay in the delivery of the house will constitute a breach of contract. According to Article 577 of the Civil Code of the People's Republic of China, 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. Article 583: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.
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Summary. Hello dear, happy to answer your <>
How to solve the problem of the developer's delay in delivery, 1. The buyer applies for the termination of the contract, 2. When the developer is overdue, he can apply for the termination of the contract.
How to solve the developer's delay in delivery.
Hello dear, happy to answer your <>
How to solve the problem of the developer's postponement of the delivery of the house, 1. The buyer applies for the cancellation of the contract with the family, 2, and when the developer encounters the chaos of the late delivery, he can apply for the termination of the contract.
Legal analysis: 1. Negotiate with the developer, and the owners can jointly negotiate with the developer and protect their rights. Pay attention to the legitimacy of rights protection methods, and do not take excessive actions and other acts that disrupt public order.
2. Sue to the court, if you want to terminate the contract, you should first urge the developer to rent the house, and after 3 months of reminders, the developer still did not guess that Tongzhao has delivered the house, and the buyer obtains the right to terminate the contract.
Legal basis: Article 186 of the Civil Law of the People's Republic of China provides that if the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one party, the injured party has the right to choose to request it to bear liability for breach of contract or tort liability. Article 577 of the Civil Code of the People's Republic of China provides 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.
Article 578 of the Civil Code of the People's Republic of China provides that 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 233 of the Civil Code of the People's Republic of China provides that if the property right is infringed, the right holder may resolve it through reconciliation, mediation, adjudication, litigation and other means.
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Legal analysis: According to the provisions of the Civil Code of the People's Republic of China, after the developer and the owner sign the house sale contract, if the developer delays the delivery of the house, it will constitute a breach of contract.
Legal basis: According to Article 577 of the Civil Code of the People's Republic of China, if one of the parties fails to perform its contractual obligations or its performance of the 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 the losses of the brothers.
Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.
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