What if the developer defaults and delays delivery?

1. For the developer's delayed delivery, the buyer can choose to terminate the contract or claim liquidated damages according to the relevant provisions of laws and contracts.

2. The effective way is to complain to the owners, so as to attract the attention of the competent authorities, help you eliminate the illegal factors of the building, go through the formalities, and really protect the rights and interests of the owners, not just hand over the building on time, because it is most important to ensure the smooth handling of the real estate license.

3. It is the key to find out the ownership of property rights. Property buyers should first consult professional legal advice to find out their ownership of property rights. Because the property right of uncompleted residential flats is particularly important for property buyers. Secondly, first of all, it is necessary to determine from the seller whether the house has a property right certificate and a sales license; Then find out whether the house has a mortgage, if so, find out the mortgage period and how to lift the mortgage; If it is an auction house, it should be clear whether the property rights transfer procedures have been handled.

4. When the developer delays the delivery of the house, no matter whether the buyer is really ready to cancel the contract, a letter should be sent immediately after the developer delays the delivery of the house. First, the response measures that developers should take when delaying the delivery of houses; Second, it is also a kind of pressure to remind the developer to cancel the contract.

5. After the house owner chooses to terminate the contract, he can also demand to pay liquidated damages or compensate for the losses. Liquidated damages or compensation for losses are basically compensation for losses caused by breach of contract. After the termination of the contract, one party will still suffer losses, at least the interest loss of the purchase price will occur, which should be compensated. Therefore, we can claim to terminate the contract and compensate for breach of contract at the same time.

6. Article 94 of the Contract Law stipulates that if one party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged, the other party may terminate the contract. The Supreme People's Court's Interpretation of Disputes over Commercial Housing Sales Contracts defines "reasonable period".

7. Interpretation stipulates that if the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged, if one party requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties. The Interpretation also stipulates that if the law does not stipulate or the parties do not agree, the reasonable time limit for exercising the cancellation right is three months after the other party's reminder. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of revocation shall be extinguished.