Is it a breach of contract to delay the delivery of commercial housing for one month?

Is it a breach of contract to delay the delivery of commercial housing for one month? This is a breach of contract!

1. Delivery refers to the behavior of the developer to deliver the house that meets the agreed delivery conditions to the buyer within the delivery period stipulated in the contract according to the commercial housing sales contract. The date agreed in this contract has legal effect. It marks the official start of residential property management construction, and the situation of joint management and mutual supervision among property management enterprises, owners and users has been formed.

Second, the specific delivery time of the house should be clearly stipulated in the purchase contract signed by the buyer and the seller. You can look at the time specified in the purchase contract. If the developer fails to deliver on schedule, the developer will breach the contract. According to the relevant provisions of the Contract Law, the seller shall pay liquidated damages or compensate for the losses if the delivery is overdue. 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.

Three, the contract does not stipulate the calculation method of the amount of liquidated damages or compensation for losses, can be determined by referring to the rent standards of similar houses in the same lot published by the relevant competent departments or evaluated by qualified real estate appraisal agencies during the delay of delivery.

Is delayed delivery a breach of contract? You can ask a lawyer to handle it. The earthquake is indeed force majeure, but whether it has a direct legal relationship with this case is a problem that needs attention.

Can I sue him for breach of contract if the delivery of commercial housing is delayed for 3 months? 1. The delivery time is clearly stipulated in the purchase contract signed by the buyer and the seller. You can refer to the specific agreed time in the purchase contract.

2. If the developer fails to deliver as scheduled, the developer will breach the contract. According to the relevant provisions of the Contract Law, the seller shall pay liquidated damages or compensate for the losses if the delivery is overdue. 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.

3. If the contract does not stipulate the amount of liquidated damages or the calculation method of loss compensation, it can be determined according to the rent standard of similar houses in the same lot during the extended delivery period announced by the relevant competent department or evaluated by a qualified real estate appraisal agency.

There is no way to calculate whether this delivery is a breach of contract. You can check out at most Words are groundless, and only in black and white can they be effective. Now it is not normal for the sales girl of the new building to brag. Anything can be blown out in order to sell a house.

Is this a breach of contract? If the delivery agreement can be extended, it does not constitute a breach of contract.

Because the contract can be extended for three months, it is not a breach of contract to hand over the house before165438+1October 28th.

Is it a breach of contract to accept the house without paying the property fee? First, let's look at what is a breach of contract.

Breach of contract refers to the violation of the legal content of the contract. If the contract agreed by both of you conforms to the national laws and relevant local administrative regulations, then the contents of such a contract are legal. On the other hand, if the contract contains clauses that conflict with the provisions of national laws and local regulations, such contents are illegal. The illegal content in a contract is an invalid clause. There is no such thing as a breach of contract.

The notice issued by the developer is a specific explanation of the so-called related expenses in the contract and should be regarded as an annex to the contract. The contents of the notice have been regarded as illegal by the local administrative authorities. Therefore, developers can't claim liquidated damages from you on the grounds of illegal terms.

However, it should be noted that as long as the house itself has no quality problems and the developer has not postponed the delivery, then your property fee still needs to be paid in accordance with local specific regulations.

The collection of property fees and decoration deposits varies from place to place.

Shanghai: The property fee will be paid from the month when the occupancy notice is received. It is not allowed to pay the decoration deposit.

Elsewhere: the property fee will be paid from the month when the occupancy notice is received. You can receive a decoration deposit.

In addition, the clauses in the contract, such as obviously unfair, that the property fee and heating fee are charged according to the corresponding proportion of the purchase price, should be invalid in the sense of contract law. Usually, the law only supports the collection of liquidated damages or late fees according to the corresponding amount of fees owed.

In this case, we can make the following two points clear:

1. According to China's property law and other relevant regulations, the house was purchased by you, and its ownership belongs to you, not to the property management company. So whether you pay the property fee or not, developers and property management companies should give you the house keys to ensure the quality of the house. You have the indisputable right to dispose of this house. The developer or the property management company shall not refuse to give you the key for any reason, otherwise, the developer or the property management company has infringed on your house property right, and you can complain to the relevant administrative department or apply to the court to remove the obstruction.

2. According to China's property management regulations and local regulations, you should pay the property management fee as required. Otherwise, it does constitute a breach of contract. (Of course, the liquidated damages shall be calculated according to a certain proportion of the fees owed). In this case, the property company can bring a lawsuit to the court and ask you to pay the property fee.

Is it a breach of contract for renters to delay paying rent for three days? Do you want to compensate 200% of the liquidated damages? Look at the original rental contract first. There should be an explanation about the overdue rent (the following fragment is taken from the rental contract downloaded for free by Toutou Real Estate Network).

Article 8 The lease expires

Party B shall return the house to Party A within 3 days after the lease expires. If Party B requests to renew the lease, it must submit it to Party A in writing 1 month in advance, and Party A will give Party B a formal written reply before the expiration of the contract. If you agree to continue the lease, renew the lease contract.

Article 9 Rights and obligations

3. Party B shall pay the rent to Party A in full and on time.

Article 10 Liability for breach of contract

3. If Party B fails to pay the rent on time, Party B shall pay Party A a 5% overdue fine, which is expected to last for 65,438+05 days. Party A may terminate the contract, and Party B shall pay Party A a penalty of 20% of the total rent, and compensate Party A for all the losses suffered as a result.

7. Party A has the right to deduct any of the above fees from the down payment, and Party B will make up the shortfall.

Take a good look at what the contract you signed at the beginning said, or if the contract you signed at the beginning has expired and has not been renewed, it will be very difficult. You may need to ask the local police to help coordinate. When renting a house in the future, you can download a rental contract for free on Toutou Real Estate Network. This contract was drawn up by a professional lawyer, so it can be seen that it is very comprehensive. Really protect the rights and interests of both parties.

Finally, I wish to solve the problem as soon as possible, and hope to adopt it.

Affected by the epicenter, the delivery of commercial housing was delayed for 3 months. Can I check out? Regardless of whether the earthquake of default is force majeure or not, the supplier can postpone it.

The commercial house I bought has been overdue for 8 months and has not been accepted and delivered. Is this a breach of contract? There is no legal agreement on the lower limit of this punishment, but the upper limit is stipulated under certain circumstances! ! The penalty of 0.5 ‰ per day is obviously low, and it is generally agreed to be around 2 ‰! ! But you didn't object when you reached the contract. Now that the contract has come into effect, it is unrealistic for you to pay extra compensation! ! And you have to fulfill the obligation to hand over the house according to the contract, otherwise it will involve breach of contract! ! In addition, you may wish to pay attention to the following two points: 1. Compare the liability for breach of contract for overdue payment in Article 7 and the liability for breach of contract for overdue delivery in Article 9 of your contract to see if the agreed amount of liquidated damages is equal. If it is seriously unequal, you can complain to the Industrial and Commercial Consumers Association about its unfair and unequal treaties! ! 2. Delay delivery for 4 months to see if Article 9 does not meet the check-out requirements. This place may have articles to do! !

How many keys are there in the delivery of commercial housing? Is underpayment a breach of contract? Look at the purchase contract. It's usually handed in.

For the sake of safety, many owners change their locks or change their doors when they are directly renovating.