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Hebei developers default on compensation.
1. What if the developer delays the delivery of the house without paying the liquidated damages?
1, the developer will not be punished for delaying delivery:
(1) Complain to the local housing management department or consumer association, and negotiate a claim;
(two) refused to pay the property management fee or heating fee after the delivery of the house, and paid it again after the problem of delaying the delivery of the house was solved;
(3) If the negotiation fails, the developer shall be sued according to law to claim damages.
2. Legal basis: Article 585 of the Civil Code of People's Republic of China (PRC).
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 situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If 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 concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
Article 188
The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Second, what regulations do developers need to abide by?
Real estate development enterprises shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyers on schedule. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.
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