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If you don't pay the house on time, what department can you look for to defend your rights?
Generally speaking, if you don't pay the house within the time limit, you can check out. You can also ask the other party to bear the liability for breach of contract and compensate the liquidated damages, which is generally stipulated in the contract.
These terms are analyzed as follows:
(1) Buyer's right to terminate the contract
The seller's delay in delivery of the house belongs to the situation that "one party delays in performing the main debt" as stipulated in Article 94 of the Contract Law. According to the third paragraph of this article, if one party delays the performance of the principal debt and fails to perform it within a reasonable time after being urged, the contract may be terminated. Article 15 of the Interpretation of the Supreme People's Court on Disputes over Commercial Housing Sales Contracts further clarifies the "reasonable period". According to Article 15 of the Supreme People's Court's Interpretation of Disputes over Commercial Housing Sales Contract, the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged by the buyer. If one party requests to terminate the contract, it shall support it, unless otherwise agreed by the parties. If there is no law or agreement between the parties, the reasonable time limit for exercising the right of cancellation is three months after the other party's demand. 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.
(2) The seller pays liquidated damages or compensates for losses.
According to the Contract Law and the Interpretation of the Supreme People's Court on Disputes over Commercial Housing Sales Contracts, if the seller delivers the house late, he shall pay liquidated damages or compensate the losses; If the contract for the sale of commercial housing does not stipulate the amount of liquidated damages or the calculation method of compensation for losses, the rent during the deferred delivery period can be determined according to the rent standard of similar houses in the same location published by the relevant competent department or evaluated by a qualified real estate appraisal agency.
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