Liquidated damages can be recovered through negotiation and litigation.
Generally, there are specific default items in the house purchase contract. Buyers can first check whether there is agreement in the previously signed house purchase contract. If there is an agreement, it shall be handled according to the contract. If there is no agreement on the handling method of liability for breach of contract, the developer may claim compensation for breach of contract according to the law, and the standard of compensation shall be limited to direct loss.
If the breach of contract by the developer is due to housing quality problems, housing property rights problems and other problems, the responsibility for breach of contract lies with the developer, and the buyer can choose to apply for the return of the house.
[Legal Basis]
In Article 585 of the Civil Code of the People's Republic of China, 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. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are too high than the losses caused, the people's court or arbitration institution may, at the request of the parties, appropriately reduce them. If the parties agree on liquidated damages for delay in performance, the defaulting party shall perform its obligations after paying the liquidated damages.