Leaseback refers to a contract between the developer and the buyer, stipulating that the buyer pays a certain amount of the purchase price, and the developer promises to return the rent within a certain period of time. The leaseback model has been favored by some home buyers in recent years, but there are also certain risks.
If the leaseback shop does not return the lease, the buyer can take the following measures to protect his legitimate rights and interests:
1.Negotiate with the developer
First of all, the buyer can negotiate with the developer to ask him to return the rent as soon as possible. If the developer is willing to fulfill the contract, the buyer can enter into a supplementary agreement with the buyer to specify the specific time and manner of the return of the rent.
2.Lodge a complaint with the relevant authorities
If the developer refuses to negotiate or the negotiation fails, the buyer can complain to the local housing and construction, real estate and other departments. The relevant authorities may investigate the developer and urge it to fulfill its contractual obligations.
3.Filing a lawsuit in court
If the relevant authorities are unable to solve the problem, the buyer can file a lawsuit with the court to demand that the developer bear the liability for breach of contract and compensate for the loss.
Before filing a lawsuit, the buyer needs to prepare relevant evidence, including the purchase contract, lease contract, rent payment certificate, etc. If the developer has signed a contract with a third-party management company, the buyer also needs to prepare the contract.
According to Article 94 of the Contract Law of the People's Republic of China, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, it shall be liable for compensation.
In the case of non-leaseback of the leaseback shop, the buyer can require the developer to bear the following liability for breach of contract:
Return of rent arrears;
Pay the corresponding liquidated damages;
Compensate the buyer for the loss, including the loss of interest, the loss of depreciation of the house, etc.
If the leaseback shop does not return the lease, the buyer should take timely measures to protect his legitimate rights and interests. Before filing a lawsuit, you should consult with a lawyer to understand the specific legal process and the evidence that needs to be prepared.
Here are some things buyers need to look out for when signing a leaseback shop contract:
Read the terms of the contract carefully to understand the rights and obligations.
The amount of leaseback and the term of leaseback agreed in the contract are clearly written into the contract.
The developer is required to provide corresponding guarantees, such as bank guarantees, etc.
By signing a contract and providing a guarantee, the risk of the buyer in the case of renting back the shop without giving it back can be effectively reduced.
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