How do owners sue real estate developers?

Question 1: How to sue the developer? There are relevant clauses in general commercial housing sales contracts, stipulating the developer's liability for breach of contract for overdue delivery. You can sue the developer to fulfill the delivery obligation and bear the liability for breach of contract.

Before the prosecution, you can remit 3% of the house payment to the developer's account, or deposit it in the local notary office and notify the developer.

Contact other owners in the same situation as you and do it together. Many hands make light work, which can promote things.

Question 2: Is it necessary to sue the real estate developer after the owner repossesses the house? To tell the truth, I have sued developers and studied the legal basis. The legal basis is pure theory. Don't write purely theoretically.

See the acceptance criteria of the house by yourself.

You can sue at any time, which has little to do with whether you accept the house or not.

You can sue without third-party inspection. Photographs taken in newspapers are still evidence in court. If you have to find a third party to verify, the developer will never find it for you. You need to go to the lawyer's office or find someone from the Urban Construction Bureau to check for yourself.

Cracks in the wall of underground garage need to be seen whether it affects the building structure. You must have never filed a lawsuit or been to court.

You can't get compensation just because of a wall crack, as long as it's not a building fault. It costs a lot of money, more than half a month (you need to go to court every day and spend money to find and copy a lot of materials). You pay a third party, and the third party may have to pay you. Twenty thousand! Finally, the third party said that the wall cracked because of the weather, and there was no quality problem in the building itself. I'm not sorry at all You spent tens of thousands of dollars, and the developer found a big one and spent 2 yuan to solve it.

In terms of relationships and bribes, you can't compete with developers. He has more money and doors than you. Normal is called excellent, minor illness is called no illness, and serious illness is called minor illness. You are not a professional. Do you have professional qualifications? Neither a reporter nor a policeman.

The only way you can earn extra income is if you can prove that the house does not meet the acceptance criteria now. The developer delayed the delivery of the house to pay liquidated damages. If the calculation method of liquidated damages is not written, it will be one ten thousandth per day. 1 ten thousand yuan to buy a house, one day 100 yuan. If you wrote the contract, how much did you write? Many of our contracts here say 0.5 or 0.3 per day. Do the math yourself. I won't say any more.

If you can prove that the house has serious quality problems, (this phenomenon is almost zero). Building a house is also a bean curd project. It can't be tested, because the houses are all scratched white, even if there is no cement, you will be punished for breaking the load-bearing wall without permission. You can't be sure whether the house is good or bad without smashing the load-bearing wall. What if you see bamboo instead of steel? The developer said it was only a short section, and the rest must be steel bars. Can you smash the whole building? )

If you really confirm that the house has quality problems, then the developer will refund the money you paid. If you apply for a loan. Congratulations, then, you will lose a large part of the benefits, because developers don't care whether the loan interest is paid, so this is between you and the bank.

Question 3: How do owners jointly sue developers? Hello, ordinary * * * is also in the same lawsuit. If you don't participate in the lawsuit, you can't get compensation, and you can sue separately. 2. The owners jointly elect representatives to conduct litigation, or entrust lawyers to conduct litigation. Collecting evidence is very important!

Question 4: What if the developer wants to sue for breach of contract after buying a house? Urgent! ! ! ! Let's get a lawyer. Don't deposit this money. If you ask a lawyer to send a lawyer directly to the developer, you will ask them to pay the house on time. Ask for compensation if it is delayed. If you don't give the house in the end, you will ask the developer for the interest during this period and the difference between buying the same house under the same conditions. Because they caused it, the case should be won by the market.

Question 5: Is it better to sue developers collectively or individually? Generally speaking, class action is more likely to attract the attention of the judicial department, but it cannot be said that it is definitely better than individual action, mainly depending on what you advocate and the composition of the relationship between the parties. If you sue the dealer for some common problems, then we suggest a class action lawsuit.

Question 6: What should the owner * * * do, and which developers delay the delivery by the owner * * *? Timely prosecution is the best way! When the owner buys the developer's house, the delivery period of the house is stipulated in the house sales contract. However, in reality, the developer delayed the delivery of the house for various reasons, and the owner could not accept the house for a long time. Owner strategy

1. Collective negotiation with the developer. Developers usually send glib business personnel to negotiate with the owners, delay time or find various excuses, or make various promises to calm the owners' anger. However, after several negotiations, the developer only promised to give a small amount of compensation or reduce the compensation for certain property fees.

2, to reflect the housing construction management authority, demanding that the developer be punished. Housing management agencies only have administrative power, but have no civil jurisdiction. They can only punish developers and have no right to require developers to compensate owners in full and on time. Therefore, for the reflection of the owners, the ownership of housing construction can only be mediated. The housing construction management department will advise the owners to take legal measures after many unsuccessful mediations.

3. Bring a lawsuit to the court. Bring a lawsuit to the court quickly and promptly, asking the developer to pay the liquidated damages for delaying the delivery of the house, or terminate the house sales contract according to the law or the contract.

Prosecution request and evidential materials

I. Evidence materials

(1) qualifications of the developer: including the company business license and industrial and commercial registration (which can be obtained with the assistance of lawyers).

(2) Housing sales related materials: including housing sales contracts, purchase invoices or receipts, occupancy notices, etc.

Second, the claim:

There are generally three kinds of statements:

1. Request the court to order the defendant to immediately deliver the house agreed in the contract to the plaintiff;

Second, pay the liquidated damages of XXXXX yuan for overdue delivery;

Third, request the court to order the defendant to bear the legal costs of this case.

Third, the cost

Application fee, storage fee (if applied), lawyer's fee (if hired), transportation and accommodation fee (if sued by yourself) developer's strategy.

1. Developers generally say that the delay in delivery is due to force majeure or * * * policies, which have nothing to do with themselves and should not be liable for breach of contract.

2. Inform the owner to move in. When the owner goes through the check-in formalities, he is forced to sign the conditions of accepting the developer, and sign a settlement agreement or a letter of commitment to waive the compensation claim. Otherwise, he will not cooperate with the check-in procedures. The corresponding countermeasures of the owners

First of all, find the factual basis or legal basis of the so-called force majeure of the developer.

Second, the general contract will stipulate that after the occurrence of force majeure, the party suffering from force majeure shall notify the other party in time, while the developer generally will not notify the owner within the time or reasonable period agreed in the contract. The developer's failure to notify indicates that there is no force majeure or that the force majeure does not affect the performance of the contract.

3. Refuse to sign the agreement or commitment prepared by the developer in advance, but pay attention to retaining evidence to prove that the failure to move in at the time notified in the occupancy notice is due to the developer's reasons.

Question 7: What should the owner do if the developer does not hand over the house? Developers delay delivery, and timely prosecution is the best way! When the owner buys the developer's house, the delivery period of the house is stipulated in the house sales contract. However, in reality, the developer delayed the delivery of the house for various reasons, and the owner could not accept the house for a long time. Owner strategy

1. Collective negotiation with the developer. Developers usually send glib business personnel to negotiate with the owners, delay time or find various excuses, or make various promises to calm the owners' anger. However, after several negotiations, the developer only promised to give a small amount of compensation or reduce the compensation for certain property fees.

2, to reflect the housing construction management authority, demanding that the developer be punished. Housing management agencies only have administrative power, but have no civil jurisdiction. They can only punish developers and have no right to require developers to compensate owners in full and on time. Therefore, for the reflection of the owners, the ownership of housing construction can only be mediated. The housing construction management department will advise the owners to take legal measures after many unsuccessful mediations.

3. Bring a lawsuit to the court. Bring a lawsuit to the court quickly and promptly, asking the developer to pay the liquidated damages for delaying the delivery of the house, or terminate the house sales contract according to the law or the contract.

Prosecution request and evidential materials

I. Evidence materials

(1) qualifications of the developer: including the company business license and industrial and commercial registration (which can be obtained with the assistance of lawyers).

(2) Housing sales related materials: including housing sales contracts, purchase invoices or receipts, occupancy notices, etc.

Second, the claim:

There are generally three kinds of statements:

1. Request the court to order the defendant to immediately deliver the house agreed in the contract to the plaintiff;

Second, pay the liquidated damages of XXXXX yuan for overdue delivery;

Third, request the court to order the defendant to bear the legal costs of this case.

Third, the cost

Application fee, storage fee (if applied), lawyer's fee (if hired), transportation and accommodation fee (if sued by yourself) developer's strategy.

1. Developers generally say that the delay in delivery is due to force majeure or * * * policies, which have nothing to do with themselves and should not be liable for breach of contract.

2. Inform the owner to move in. When the owner goes through the check-in formalities, he is forced to sign the conditions of accepting the developer, and sign a settlement agreement or a letter of commitment to waive the compensation claim. Otherwise, he will not cooperate with the check-in procedures. The corresponding countermeasures of the owners

First of all, find the factual basis or legal basis of the so-called force majeure of the developer.

Second, the general contract will stipulate that after the occurrence of force majeure, the party suffering from force majeure shall notify the other party in time, while the developer generally will not notify the owner within the time or reasonable period agreed in the contract. The developer's failure to notify indicates that there is no force majeure or that the force majeure does not affect the performance of the contract.

3. Refuse to sign the agreement or commitment prepared by the developer in advance, but pay attention to retaining evidence to prove that the failure to move in at the time notified in the occupancy notice is due to the developer's reasons.

Question 8: One owner sued the developer and all the owners won. This kind of court will publicize the victory within the statutory time limit.

Question 9: Can the industry committee really not sue the developer? If the developer harms the interests of the whole industry, the industry Committee can sue the developer on behalf of all the owners.

Problem 10: The developer of the real estate license has delayed processing. Now the owners are suing collectively, but they haven't caught up. How to negotiate with the developer first? If not, they can only resort to civil litigation.