If there is an agreement in the contract, it shall be calculated according to the agreement in the contract. The contract does not stipulate the amount of liquidated damages or the calculation method of the amount of compensation for losses. The amount of liquidated damages or the amount of compensation for losses may be determined by reference to the following standards: if the payment is overdue, it shall be calculated according to the total amount of unpaid house purchase money, and by reference to the standard for calculating and collecting interest on overdue loans by financial institutions as stipulated by the People's Bank of China. If the house is delivered for use after the time limit, it shall be determined according to the rent standard of the same kind of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.
Legal basis
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts 17. The commercial housing sales contract does not stipulate the amount of liquidated damages or the calculation method of the amount of loss compensation. The amount of liquidated damages or the amount of loss compensation can be determined by reference to the following standards: if the payment is overdue, it shall be based on the total amount of unpaid housing purchase money, It shall be calculated with reference to the standard for calculating and collecting the interest of overdue loans by financial institutions as stipulated by the People's Bank of China. If the house is delivered for use after the time limit, it shall be determined according to the rent standard of the same kind of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.