Should I pay liquidated damages for delaying the closing of the house?

Whether to pay liquidated damages for delayed repossession depends on the contract signed by the developer and the owner. If there are any provisions, it shall be handled according to the contract; There are no provisions, according to the actual situation of consultation. Usually, the opening chamber of commerce will notify the owner to close the house before the specified closing date. If there is no time to close the house at the moment, there will be no liquidated damages. However, if the house is closed after the delivery date agreed in the contract, the property company has the right to collect property management fees and late fees after the delivery date agreed in the contract.

What should I pay attention to when I close the house?

1. Check whether the delivery date has expired. The developer will send a notice of occupancy to the owner when handing over the house. After receiving the occupancy notice, everyone should first dig out the purchase contract to see if the developer can hand over the house as scheduled (it is ok not to turn over the contract, and I believe such an important thing as handing over the house will not be forgotten). If the developer exceeds the delivery deadline, it needs to put forward relevant treatment opinions or claims according to the contract, and wait for the developer's reply, and decide whether to close the house according to the reply. Secondly, we must inspect the house and accept the house according to the time agreed in the contract. Here is a suggestion for everyone, that is, don't close the house two days before the delivery time, because there must be many people who come to close the house at the same time on those two days, and the people who accompany the house inspection will be very busy and won't have a long time to accompany you to see the house carefully, so I suggest delaying it for a few days, but don't get stuck in the deadline.

2. Go through other formalities in the antechamber. Many developers are eager to recover funds and invest in the next batch of projects, so they will let the owners go through other procedures first and then inspect the house after paying the fees. But this is actually an illegal practice, and the owner has the right to ask the priority house to recover the house. Any problems found in the process of house inspection can be written on the house inspection form, signed by the developer and required to be solved. If the formalities are completed first, the developer will lose a heavy scruple, and it is likely to evade responsibility. In the future, there may be no way to get compensation if the quality of the house is not up to standard.

3. Sign a supplementary agreement to pay the deed tax. Deed tax is a very important thing, and paying deed tax is also the most prone to conflicts between developers and owners. The developer will threaten not to go through the check-in formalities for the owner, requiring the owner to pay the deed tax and transaction fee first. Many people give in to such threats without thinking carefully about the reasons behind this practice. The reason why developers do this is because before handling the property right certificate, developers have to bear the phased guarantee responsibility for the owners. The reason why the owners are unwilling to pay these fees first is that they are afraid that the developers will misappropriate them without authorization. In this way, the two sides are deadlocked. In fact, this problem is very simple to solve. The owner and the developer sign a supplementary agreement, stating the liabilities for breach of contract that both parties need to bear, so that no one can deny it in black and white.

4. Property fees must be clear. The properties of newly-built residential areas are generally managed by property management companies operated by developers themselves or selected by developers. If hiring a property, both parties shall sign the Pre-Property Management Agreement. When signing a house purchase contract, buyers can ask the developer to show the agreement signed with the property management company or their own property ownership certificate, and write down the agreed property management fees, utilities and other expenses in the contract after reading it, so that if the expenses rise when the house is closed, you can ask the developer to make an explanation with this clause.

5, joint other owners collective repossession. If you really don't know anything, and you are afraid that you only know a little, you can jointly collect the house with other owners who bought this property. The advantage of this is that some people around you make up their minds and avoid being fooled. Moreover, if there are enough people, you can also ask professional lawyers to guide the house collection, and even ask professionals to test the quality of the house, which not only protects your own interests, but also lets developers know that the owner is a difficult person and avoids many troubles in the later period.

6. Close the house first when you encounter details. Housing quality problems are light and heavy, and there are different ways to deal with them according to the severity. For example, if there is a problem with the overall quality of the house, or the area has shrunk dramatically, the buyers have the right to ask the developer to return the house and compensate for the losses according to the breach of contract; But the key house is only a small detail problem, such as falling ash and a little (incomplete) crack, so find a developer to repair it; Also, if the supporting facilities or air quality is not good, buyers can sign an agreement with the developer (don't believe verbal promises) to collect the house first and then deal with it.

7. Don't live yet. Many people buy houses for investment, or sell them or rent them out. In this case, there is a small problem with the house, and the buyer who transfers the rent can first calculate which cost is more if it is repaired. If the rent loss is relatively large, he can shoot the house first, then repair it and rent it out, and then find the developer to investigate the liability for breach of contract.