What are the legal consequences of overdue repossession?

Strictly speaking, it is a breach of contract to fail to fulfill the obligations stipulated in the contract, so if the developer meets the delivery conditions and the owner fails to take over the house as agreed, the owner will constitute a breach of contract. On the one hand, the liability for breach of contract depends on the provisions of the law, on the other hand, it depends on the agreement of the contract.

From a legal point of view, unless otherwise agreed, the owner must bear the risk of damage or loss of the house first, and then the property management fee. Article 11 of the Interpretation of the Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts clearly stipulates: "If the house is transferred and occupied, it shall be regarded as the delivery of the house, unless otherwise agreed by the parties. The risk of damage or loss of the house shall be borne by the seller before delivery and the owner after delivery; If the owner receives the seller's written delivery notice and refuses to accept it without justifiable reasons, the risk of damage or loss of the house shall be borne by the owner from the delivery date determined in the written delivery notice, unless it is otherwise stipulated by law or agreed by the parties. "

At the same time, according to the relevant laws and regulations of property management, as the owner, he has to pay the relevant property management fees to the property management enterprises. From the perspective of contract, the owner's liability for breach of contract depends on how the contract for the sale of commercial housing specifically stipulates that the owner will repossess the building within the time limit. If the owner breaches the contract and repossesses the building late, he shall be liable for breach of contract.