If the developer delays the delivery of the house, the owner may demand compensation according to the contract.

Nowadays, it is generally not possible to hand over the house immediately when buying a new house. Most new houses are off-plan. After signing the house purchase contract, it usually takes about a year to hand over the house, so the handover date will be listed in the house purchase contract. . Some developers delay the delivery of properties for some reasons. So what should the owners do if the developers delay the delivery of properties? How can they safeguard their rights?

Ms. Song, a citizen, purchased a commercial house in the Juruixing City project located at No. 588 Taiyu Road, Xiaodian District, Taiyuan City in October 2018. The purchase contract stipulated that the delivery time was December 30, 2020. When it was time to hand over the house, Ms. Song went to the sales department as scheduled, only to be told that the handover was postponed.

Ms. Song said: "Many property owners are like me. They did not receive any calls to postpone the delivery of the house. They all collected the house and took the keys as agreed in the contract, only to be informed that the delivery of the house was delayed. We want to know now Why was the house delivery delayed? Why were we not notified in advance when we arrived at the sales department, but we couldn’t get the keys to our new homes? *** There were more than 800 owners who couldn’t get the keys. , the reply given by the developer is to try to hand over the house by July 31, 2021. This time the house has been delayed for more than half a year. Many owners cannot accept this fact. There are relevant breach of contract regulations in the commercial housing sales contract. The owners I hope the relevant person in charge can come forward and explain. What is the reason for the delay in house delivery? When can nearly a thousand owners move into their new homes?"

The person in charge of the sales department of Taiyuan Juruixing City said: "Due to irresistible factors such as the COVID-19 epidemic and air pollution, the original construction progress has been affected and the delivery of the house has been delayed. The losses caused to the owners will be strictly implemented in accordance with the relevant breach of contract regulations in the commercial housing sales contract. Specific details are currently being discussed. We will reply to the owner as soon as possible."

The person in charge said: "Everyone's mood is understandable. The most important question is whether the house can be handed over within the agreed time, and what will happen after the handover is completed. Compensation? Now that everyone has a contract, the delayed delivery can be strictly implemented in accordance with the breach of contract clause. Our initial answer is: delivery will be on July 31, 2021 at the latest, but depending on the actual project progress, it may be delivered earlier. ”

According to the reporter’s understanding, regarding the impact of the epidemic on the extension of housing delivery deadlines for real estate developers, Taiyuan City gave a clear reply, verified by the Taiyuan City Housing and Urban-Rural Development Bureau: According to the "Commercial Housing Sales Management Measures" (Ministry of Construction Order No. 88) ) Article 30: "The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyer on time. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract." In the implementation of epidemic prevention and control work During this period, 7 units including the Taiyuan City Housing Management Bureau issued the "Notice on Effectively Responding to the Epidemic to Ensure the Orderly Advancement of Urban and Rural Construction and Promote the Stable and Healthy Development of the Real Estate Market" (Bingfang [2020] No. 3), Taiyuan City Housing Authority On January 31, the Construction Bureau issued the "Emergency Notice on Strengthening Epidemic Prevention and Control at Construction Sites" to arrange work during the epidemic prevention and control period. It is recommended to consult the epidemic prevention and control department or a lawyer for the specific impact time.

So, how should owners respond to delays in property delivery by developers?

Lawyer Ren Yi from Shanxi Dewei Law Firm said that according to Article 30 of the "Measures for the Administration of Commercial Housing Sales": "Real estate development enterprises shall, in accordance with the contract, deliver commercial housing that meets the conditions for delivery and use to the The buyer. If delivery is not made on time, the real estate development enterprise shall be liable for breach of contract. If delivery must be delayed due to force majeure or other reasons agreed upon by the parties in the contract, the real estate development enterprise shall promptly notify the buyer. If the delivery is delayed, the developer can be held liable for breach of contract. In addition, if force majeure occurs and the delivery of the property needs to be postponed, the developer also has the obligation to inform.

When encountering the problem of delayed home delivery, home buyers must first pay attention to whether there is a clear clause in the home purchase contract regarding liquidated damages for delayed home delivery. Secondly, home buyers must pay attention to the proportion of liquidated damages in this article based on what the home buyer has paid. The house payment is the basis, including the bank loan mortgage part. The compensation for the same terms is different for buyers who pay in different ways. If there is a stipulation in the contract, compensation shall be made in accordance with the stipulation. If the agreed liquidated damages are lower than the losses caused, the parties may request the People's Court or the arbitration institution to increase the amount; if the agreed liquidated damages are excessively higher than the losses caused, the parties may request the People's Court or the arbitration institution to appropriately reduce it.

Lawyer Ren Yi said that for many home buyers who have no experience in buying a house, they only know one of the details that need to be paid attention to when buying a house, especially when signing a contract. They are all led by the developers. I would like to remind all home buyers that when signing a contract, they must clearly read the time when the house will be delivered for use and how to agree on compensation and other specific matters in case of delay in delivery. The more specific the agreement on the delivery time, the better, because the determination of the delivery time directly affects the starting time of liquidated damages for delayed delivery. The delivery period stipulated in the contract, unless otherwise provided by law or contract, will expire on the date the agreed delivery period expires. If the seller is unable to deliver the house to the buyer at the time, the seller shall begin to pay liquidated damages for delayed delivery to the buyer from the day after the expiration of the delivery period. During the process of signing the contract, the home buyer should carefully review the content of the contract item by item, and distinguish which terms of the contract are beneficial to them and which are unfavorable to them. They must negotiate with the developer for unfavorable terms. If the negotiation fails, they can refuse to sign.