If the developer defaults on the delivery of the house, the buyer can negotiate with the developer to check out, and then carry out subsequent refunds and other operations after the negotiation is successful. If the negotiation fails, they can seek legal aid or protect their legitimate rights and interests through litigation or other means.
The developer can check out the property if it defaults on the delivery. If the developer still fails to deliver the property after three months' notice, the buyer has the right to terminate the contract. In other words, the buyer's condition for terminating the contract was that the first developer delayed delivery of the property;Second, after being reminded;Three months after the third reminder, the house has not been delivered.
The buyer's right to terminate the contract shall be valid for one year from the date of the reminder within three months and after one year. The developer can terminate the contract at any time during the year. If the contract is more than a year, they will lose the right to terminate forever (except, of course, terminating the contract for other reasons such as serious quality problems). In addition, if the developer urges the buyer to exercise the right of termination after the buyer has obtained the right of termination, the validity period of the right of termination will be shortened to three months.
In view of the above provisions, when the developer delays delivery, regardless of whether the buyer is really ready to terminate the contract, the developer should give notice immediately after the delay in delivery, one is the reaction measure taken by the developer when the developer is unable to deliver the house;Second, terminating the contract after a reminder is also a pressure on the developer. It is best to do so by courier and other retainable documents. Can the contract be terminated if the developer delays for a long time?According to the provisions of the Guarantee Law and judicial interpretations, it should not be allowed, and reminder is a prerequisite for terminating the contract.
If the law is not clear or the parties have not agreed, the reasonable period for exercising the right of rescission is three months after being urged by the other party. If the other party fails to demand it, the right of rescission shall be exercised within one year from the date of occurrence of the right of rescissionIf the extension is not exercised, the right to terminate shall be eliminated.
What are the reasons for the developer's default to hand over the house
1. Financial problems: The developer may not be able to complete the housing construction on time due to the shortage of funds, the rupture of the capital chain, etc., resulting in the inability to deliver the house on time.
2. Construction quality problems: The developer may have quality problems during the construction process, such as the safety of the building structure and the unqualified building materials, etc., which will lead to the inability to pass the acceptance, which will affect the delivery time.
3. Problems of municipal supporting projects: The developer may be unable to deliver the house on time due to the delay or inability to complete the municipal supporting projects (such as water, electricity, gas, etc.).
4. Policy adjustment: **Policy adjustment, such as planning adjustment, policy change, etc., may have an impact on the developer's construction progress and delivery time.
5. Contract disputes: Contract disputes between developers and buyers, such as buyers' requests to terminate the contract and move out, may also lead to the developer's inability to deliver the house on time.
It should be noted that the specific reasons need to be analyzed and judged on a case-by-case basis. If the developer does breach the contract, the buyer can protect his legitimate rights and interests through legal channels.
Late delivery