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Can developers ask to check out if they don't deliver the house after the deadline?

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Can developers ask to check out if they don't deliver the house after the deadline?


        

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  • 2024-06-16 13:00:02

    The developer can check out the house if it delays the delivery, but it can only check out the house if it has to fulfill the obligation of urging and the developer fails to deliver the house within three months after urging. Delayed delivery refers to the delay in receiving the notice of occupancy from the developer after the delivery date agreed by the developer and the buyer in the contract.

    Generally, the agreed time limit for late delivery of houses to be checked out ranges from 30 days to 90 days. If the developer fails to deliver the house beyond this time limit, the buyer can ask the developer to check out the house and ask for double return of the deposit or payment of interest on the house price.

    If it has been agreed in the contract that the developer should pay liquidated damages for the delay in delivery of the house, the contract should continue to be performed, and within the delay period agreed in the contract, the developer should not be asked to terminate the contract on the ground of late delivery of the house.

    Legal basis

    In the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Concerning Disputes over Commercial Housing Sales Contracts, Article 15 of the Commercial Housing Sales Contract or Article 32 of the Regulations on the Administration of Urban Real Estate Development and Operation has expired more than one year after the expiration of the time limit for real estate registration, and the buyer is unable to register the real estate due to the seller's reasons, The buyer's request for termination of the contract and compensation for losses shall be supported.

    Guo***

    2024-06-16 13:00:02

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