What if the owner hasn't come to collect the house yet?

First, what should I do if the owner does not accept the house?

For the owner, not receiving the house will cause the loss of the term interest, but also bear a part of the property fee as liquidated damages.

After acceptance and handover, both parties shall sign the handover form of commercial housing. If the handover formalities cannot be completed on schedule due to the buyer's reasons, both parties agree to deal with it in the following ways: the buyer is deemed to have accepted the house, and promises to go through the occupancy formalities, sign the property agreement and pay the property fee on schedule. If the property fee is not paid on schedule, the penalty shall be paid according to the fixed asset loan interest rate of the People's Bank of China for the same period from the due date to the actual payment date.

That is to say, if the owner refuses to accept the house for his own reasons, he acquiesces that the owner agrees to accept the house and starts to charge the property fee, that is to say, he still has to pay the property fee before he moves in.

For developers, if the house has not been delivered. Need to bear the risk of damage and loss during the period before delivery of the house. For the owner's loan, the developer should bear joint and several liability to the bank. In addition, there is the risk of being sued for late delivery.

Refuse to repossess the building, the owner only bears limited risks, while the risk borne by the developer is far greater than that of the owner. The most serious collective refusal to accept the house is likely to bring a fatal blow to the developers. They will face great risks and crises. If we lose the case, the object of compensation will not be a single individual, but all the owners of the community, so we will face huge compensation.

Second, how long the owner does not close the house is a breach of contract.

How long the owner does not accept the house constitutes a breach of contract, which needs to be determined according to the specific house sales contract. Under normal circumstances, there is no specific time limit for owners to postpone repossession. If he wants to postpone the repossession, he needs to communicate with the developer and explain the reasons. It does not violate the contract and does not constitute a breach of contract. However, if the delivery of the house is postponed for its own reasons, it is necessary to pay the property fee of the house.

According to Article 577 of the General Principles of the Civil Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

3. What should I do if the owner fails to hand over the house on time and the property is closed?

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.