Can the developer's liquidated damages for delaying delivery be compensated by property fees?

Can the developer's liquidated damages for delaying delivery be compensated by property fees? "The developer delayed the delivery of the house without reason, not only failed to pay the liquidated damages to the buyers in full as agreed in the contract, but also proposed to offset the liquidated damages with property management fees or public facilities maintenance fees." Is this a new way for developers to deal with the liability for breach of contract, or is it a new trick for developers to "fool" buyers?

In May 2005, the owner, Ms. Zhou, bought a commercial house in a newly-built residential area and signed a pre-sale contract with the developer. At that time, it was clearly stipulated in the contract that the developer delivered the house on May 30, 2006, and if it could not be delivered 60 days after the deadline, the developer would pay the buyer a penalty of three ten thousandths of the paid house price per day.

By the end of May 2006, the developer not only failed to deliver the house, but also repeatedly postponed the original delivery date. When Ms. Zhou asked the developer to pay the liquidated damages according to the contract, the developer said that she would not pay the liquidated damages in full, and proposed to offset the liquidated damages with property management fees.

Lawyers believe that the relevant laws of our country clearly stipulate that the late delivery of the pre-sale party constitutes a violation of the pre-sale contract and should bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The form of liability is generally to pay liquidated damages, and the amount of liquidated damages is determined according to the agreement of both parties. If the two parties have not agreed on the amount of liquidated damages or the calculation method of loss compensation in the contract, the specific amount can be determined by referring to the following standards: in case of overdue delivery of the house, the rent during the overdue delivery period shall be determined according to the rent standard of similar houses in the same lot published by the relevant competent department or evaluated by a qualified real estate appraisal agency. If the parties demand a reduction on the grounds that the agreed liquidated damages are too high, they shall reduce them appropriately on the basis that the liquidated damages exceed 30% of the losses. If the parties demand an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of breach of contract shall be determined according to the losses caused by breach of contract. Accordingly, the property owner may, in accordance with the contract, require the developer to bear the legal responsibility for overdue delivery and demand certain economic compensation.

Lawyers believe that it is illegal for developers to use property management fees to offset liquidated damages. First of all, property management fees and liquidated damages cannot be offset. Property management and developers selling houses are two legal relationships and different contract subjects. Legally speaking, "liquidated damages for delayed delivery" and "property management fee" cannot offset each other. Secondly, the "debt transfer" must sign an agreement. Article 84 of the Contract Law stipulates the behavior of "assignment of creditor's rights" in contract assignment, that is, "if the debtor assigns all or part of the contractual obligations to a third party, it shall be approved by the creditor". That is to say, if the developer pays the buyer the debt of "liquidated damages for delayed delivery" and transfers it to the property management company, the property management fee of 1 to 2 years will be offset, which must be agreed by the creditor-the owner of the house. Moreover, in judicial practice, it is generally necessary to obtain the consent of the debt assignee-the property management company.

Lawyers reminded property buyers that the developer's use of property management fees to offset the liquidated damages for delayed delivery may also infringe upon the legitimate rights and interests of other owners in the community. Therefore, property buyers should keep the written evidence of breach of contract related to the developer's overdue delivery when handling the check-in formalities, so as to get legal protection when further dealing with this problem in the future.

Lawyers reminded property buyers that the developer's use of property management fees to offset the liquidated damages for delayed delivery may also infringe upon the legitimate rights and interests of other owners in the community. Therefore, property buyers should keep the written evidence of breach of contract related to the developer's overdue delivery when handling the check-in formalities, so as to get legal protection when further dealing with this problem in the future.

How should the developer compensate the liquidated damages for delayed delivery? Check article 9 of the commercial housing sales contract signed between you and the developer: the seller's liability for breach of contract for overdue delivery. Except for the special circumstances specified in Article 8 of the Contract, if the Seller fails to deliver the commodity house to the Buyer for use within the time limit specified in the Contract, the following terms shall apply:

According to the overdue time, it will be handled separately (without accumulation):

(1), if the overdue period is less than 30 days, the seller shall pay 0.0000% of the paid-up house price as penalty per day from the second day of the delivery deadline stipulated in Article 8 of the Contract to the actual delivery date. Continue to perform the contract;

(2) If the payment is overdue for more than 30 days, the buyer has the right to terminate the contract. If the Buyer terminates the contract, the Seller shall return all the paid-up money within days upon the service of the Buyer's notice of termination of the contract, and pay 0.03~0. 1% of the accumulated paid-up money to the Buyer as penalty.

If the buyer requests to continue to perform the contract, the contract shall continue to be performed. From the second day of the final delivery deadline stipulated in Article 8 of the Contract to the actual delivery date, the Seller shall pay the Buyer 1 (the ratio shall not be less than the ratio in item (1)) as penalty per day. The liquidated damages set by each developer are different. This is just for your reference.

The developer postponed the delivery of the house, saying that the project payment had arrived, and he refused to pay the liquidated damages. Hello, check your purchase contract. What should I do if I postpone the delivery? If the other party breaches the contract, it will not act according to the contract. You can find a lawyer to defend your rights. Legal consultation platform for legal partners. You can consult with legal questions.

The developer delivered the house late, and the liquidated damages were not paid in cash, saying that they should be added to the property fee and paid together with the property fee? What should I do? Hello,

You can also use property fees instead. You ask him to write a certificate.

If you don't want to, you can. Ask him to give you money, and then you pay the property fee.

If you don't agree, you can go to court.

Developers do not pay liquidated damages for delaying delivery. Is it useful for developers to postpone delivery? If it is a breach of contract, the developer may be required to pay liquidated damages according to the contract. If negotiation fails, you can bring a lawsuit to the court for settlement.

In what way should the developer pay the owner the liquidated damages for delaying delivery?

You have to agree to this according to your contract at that time. As for the way, you should negotiate with the developer.

20 16 how to calculate the liquidated damages for delayed delivery of property by developers in Zhumadian city? For this kind of disputes, the judicial interpretation in 2003 stipulated the buyer's right to demand notice and terminate the contract.

From the perspective of earnestly safeguarding the legitimate interests of the buyer, if the developer performs within three months after the reminder, it will also bear the liability for breach of contract. If the pre-seller fails to perform the contract within three months after being urged, the buyer has the right to choose to ask the developer to continue to perform the contract and bear the liability for breach of contract or terminate the contract and claim compensation (the loss can be calculated according to the increase of house price or actual loss).

For delayed performance of the contract, if the amount of liquidated damages is not agreed, it can be calculated according to the amount of paid house payment by referring to the penalty interest of the bank for overdue repayment.

Is it reasonable for the developer's liquidated damages to offset the property fee? It is unreasonable according to the regulations, but according to the reality, there are many cases in which liquidated damages offset property fees, so long as the interests of the owners are not lost, it doesn't matter.

Where should the developer complain about the delay in handing over the house and not paying the liquidated damages? Please provide relevant picture proof;

If the goods have been returned, please provide your proof of return;

If your complaint type is wrong, please contact us in time so as to help you change the correct type during the complaint period. We will handle the complaint within 5 days.

To the respondent: Taobao suggests that buyers and sellers actively communicate and eliminate misunderstandings. As sellers, we hope to give each other a reasonable explanation and provide corresponding vouchers. Your integrity is in your own hands. Please actively coordinate with the complainant, and you and your buyer will definitely resolve all misunderstandings. We are also very concerned about your complaint. Your complaint and the vouchers provided will be used as the basis for judging the facts. Please press the following options to make your next complaint: