The series of answers I wrote about "Knowledge Points for Deposit Refund" has been written to the 205th article on February 23, 2024, and the rest can be seen on my homepage. I will study and refine the judgment of the deposit refund, plus my own experience analysis and expansion of the success of the deposit refund in the past few years.
Knowledge points for refunding the deposit 205 If the delivery is overdue for more than 60 days, the "Commercial Housing Pre-sale Contract" can be terminated
The court judgment: the buyer has the right to terminate the contract after the buyer agrees in Article 9 of the Commercial Housing Pre-sale Contract signed by the plaintiff and the defendant that the delivery of the house is overdue for more than 60 days. The parties initially agreed that the defendant should deliver the commercial housing that has passed the comprehensive acceptance and meets the requirements of this contract to the plaintiff before November 30, 2018, in accordance with the relevant provisions of the state and local people, but the defendant's delay in performance has been overdue for more than five years, and the house involved in the case has not yet been completed.
With regard to the occupancy interest claimed by the plaintiff, it was actually the defendant who failed to deliver the house on time and should bear the liability for breach of contract. According to the contract between the plaintiff and the defendant, after the delivery of the house is overdue for more than 60 days, the seller shall refund all the payments made within 30 days from the date of the date of the buyer's notice of termination of the contract, and pay liquidated damages to the buyer at the rate of 1% of the buyer's cumulative payment.
Therefore, the defendant should pay liquidated damages of 1% of the 500,000 yuan paid by the defendant in accordance with the contract, totaling 5,000 yuan. The plaintiff's claim that the defendant should pay the interest on the plaintiff's house at an annual interest rate of 6% since April 2018 lacks basis and is not supported by this court.
Regarding the maintenance **2443 collected by the defendant05 yuan, the defendant did not hand over the payment to the relevant departments after acknowledging the collection, nor did it issue a maintenance ** invoice, based on the termination of the "commercial housing pre-sale contract", the defendant should return the money to the plaintiff, that is, 244305 yuan. With regard to the plaintiff's claim for the cancellation of the Commodity Housing Subscription, the Subscription Agreement stipulates that the Commodity Housing Subscription Agreement will be terminated after the two parties sign the Commodity Housing Sales Contract and will take effect, so the Commodity Housing Subscription has been terminated and does not need to be terminated.
Dakang analysis: the overdue delivery has exceeded 60 days, and it has actually been more than 5 years. The buyer must have approached the developer many times, but the developer did not operate well, did not agree to the buyer's conditions for terminating the "Commercial Housing Pre-sale Contract", and refused to refund the down payment.
The two parties have signed the "Commercial Housing Pre-sale Contract", and the conditions for terminating the contract are also clearly stated in the "Commercial Housing Pre-sale Contract". However, if you want to terminate the contract and the two parties cannot reach an agreement, you can only sue the court and ask the court to decide to terminate the contract and pay back the down payment and liquidated damages.
Dakang Expansion: As for whether the interest can be refunded, I have also sorted out the court's support for the return of interest, but it is only a few. However, as to how to determine whether the interest can be refunded, the judgment does not have clear conditions for determination.
In practice, only a claim for a refund of interest can be filed, and whether it is supported depends on the court.
Related knowledge points: knowledge point 3 of the deposit refund, the "purchase contract" can be agreed upon by both parties to terminate the contract. After signing the "Subscription Letter", the buyer wants to cancel the "Subscription Letter" and refund the deposit due to the developer's reasons or his own reasons. The sales will say that it cannot be refunded, because after signing the "Subscription Letter", it cannot be lifted.
In fact, the Subscription Letter can be terminated as long as the parties agree to do so. Moreover, not only can the "Subscription Letter" be terminated, even if you have signed the "Commercial Housing Sales Contract" with the developer, and you have signed it online, you can also terminate the contract by mutual agreement between the two parties.
24. If you fail to repay the loan on time, the developer can terminate the purchase contract. "If you do not repay the loan on time in accordance with the agreement in the signed "Commercial Housing Sales Contract". The developer can obtain the right to terminate the contract after you fail to repay the loan on time in accordance with the provisions in the "Commercial Housing Sales Contract". Then we will mail and notify you of the "Notice of Cancellation of Purchase", and terminate the "Commercial Housing Sales Contract" with you. It does not matter whether you agree to terminate the "Commercial Housing Sales Contract" or not, the developer has legally terminated the contract with you. "
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