Whether it is legal for the owner of the second-hand house to request to postpone the delivery of the house

I Second-hand house Landlord requirements Delayed house delivery , is it legal

The question of how long the delivery date of the property will be delayed falls within the scope of compliance needs to be judged according to the specific agreement on this matter in the signed contract.

If the scheduled delivery time of the contract has passed, but the developer still fails to perform the handover obligation on time, the behavior will be deemed as breach of contract.

When the Seller delays the completion of the house sale, and after the timely urging of the Buyer, if the Seller fails to perform its obligations within a reasonable period of three months, the Buyer has the right to request terminate a contract 。

In this case, the Buyer has the right to terminate the contract within the period specified by law, and require the Seller to return the house price, pay the corresponding interest and compensate for the relevant economic losses.

However, if the Seller fails to deliver the house on schedule due to force majeure, the Seller shall not be liable Liability for breach of contract 。

《 Civil Code 》Article 577

If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses.

Article 578 of the Civil Code

If one party expressly states or indicates by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the time limit for performance.

2、 Second hand house owner No Relocation How to claim

It's not hard to find that Second hand house transaction Due to the lack of cooperation intention of the former owner House purchase The registered permanent residence of the house owner cannot be successfully moved into the house he currently lives in, which undoubtedly brings a lot of inconvenience and trouble to the house buyer.

However, we must make it clear that the police have no right to intervene directly Household registration migration Therefore, although the incidence of such problems in daily life is not low, according to the existing legal framework, it is not feasible to solve the problem by suing the court, and the court will not support any demand for forcing the former owner to move out of the account.

In this case, we especially emphasize that the specific operation process of account migration and the division of rights and responsibilities of each party should be elaborated and clarified in relevant agreements or contracts, so as to avoid relying only on verbal negotiation, so as to improve the efficiency and stability of cooperation between both parties.

At the same time, the seller should not be confused by the apparent balance of interests, thinking that as long as he does not have substantial losses, he can avoid liability for breach of contract.

In fact, even if the buyer did not actually suffer losses, it could not become the seller's evasion of its compensation liability if it failed to perform its obligation of account transfer on schedule.

A more legitimate and reasonable handling strategy should be based on the Civil Code of the People's Republic of China and other relevant laws statute , through careful consideration Liquidated damages To balance the rights and interests of both parties Creditor's rights and debts Relationship.

Article 585 of the Civil Code stipulates that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, or may agree on the calculation method of the amount of compensation for losses arising from the breach.

The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article points out, "Is it legal for the landlord of second-hand housing to ask for postponement of delivery?" We can get a lot of valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.