Traditional Culture Encyclopedia - Weather forecast - Successful cases of late delivery and check-out
Successful cases of late delivery and check-out
Brief introduction: Ms. Huang, the owner of Shenzhen, signed the "Shenzhen Commodity House Sales Contract" with Shenzhen * Real Estate Co., Ltd. on March 2, 2002, and purchased the pre-sold commercial house located in * Hua Ting, Longgang District, Shenzhen, with a total price of1302,380 yuan. After signing the contract, Miss Huang paid the down payment of 402,380 yuan to Shenzhen * Real Estate Co., Ltd. according to the contract, and the remaining 900,000 yuan was repaid to the bank by mortgage every month by Miss Huang. The contract signed by both parties stipulated that Shenzhen * Real Estate Co., Ltd. would deliver the agreed commercial house to Miss Huang before May 30, 20 13, but the defendant never delivered it as agreed. After repeated reminders by Miss Huang, Shenzhen * * Real Estate Co., Ltd. has not delivered the commercial house to Miss Huang for use, which has brought trouble and inconvenience to Miss Huang and caused her economic losses. Huang entrusted lawyer Liao Ruibin of Shenzhen to represent the case. Confrontation in court trial: In view of our claim that the developer's delay in delivery constitutes a breach of contract and requires him to bear the liability for breach of contract, the developer mainly puts forward the following two reasons to reply: (1) The delay in delivery is mainly due to frequent disaster weather in summer, and stormy weather has delayed the project construction. According to Article 6 of the contract signed by both parties, in case of typhoon, rainy day and other disasters, the seller (that is, the developer) can postpone the project; (2) The developer submits the project completion acceptance report to the court, which states that the commercial house involved has passed the acceptance of five units: survey, design, supervision, construction and construction, and intends to prove that the commercial house involved meets the delivery conditions agreed in the contract. As the attorney of Miss Huang in this case, the lawyer put forward the following opinions in response to the defense raised by the developer, and gave a strong response: First, the defendant is a real estate development enterprise, and as a professional real estate construction and development unit, he has or should reasonably foresee the typhoon, rainy day and other disasters or other reasons; Moreover, the state implements a strict access system for enterprises engaged in real estate development and construction, and defendants with considerable real estate qualifications should have the ability to resist conventional bad weather and solve delays. Therefore, the weather is not enough to be a reasonable defense for the defendant's breach of contract. 2. The commercial house involved in this case does not meet the delivery conditions. The Construction Law, the Regulations on Quality Management of Construction Projects, the Interim Measures for the Administration of Completion Acceptance and Filing of Housing Construction Projects and Municipal Infrastructure Projects and other laws and regulations all stipulate that after the completion experience of construction projects is qualified; It can only be delivered for use, which is mandatory by the state. According to the relevant provisions of the above-mentioned laws and regulations, the symbol of the current house acceptance in China is to obtain the "Construction Project Completion Record Form". Therefore, when the seller delivers the house, he should show the original completion acceptance record form to the buyer. If the defendant, as the owner, organizes the survey, design, construction, supervision and other units to carry out the completion acceptance and issue the completion acceptance report; Taking this as the standard of commercial housing delivery is essentially self-monitoring, which is obviously untrustworthy to the public and even suspected of "playing with the personal safety of buyers". Court judgment: After trial by the collegiate bench, the collegiate bench judges adopted the opinions of Liao's attorney and made the following judgment according to law: 1. The Shenzhen Commodity House Sales Contract signed by the plaintiff Miss Huang and the defendant Shenzhen Real Estate Co., Ltd. has been terminated; 2. Defendant Shenzhen * Real Estate Co., Ltd. returned the down payment of RMB 402,380 from plaintiff Miss Huang and the bank loan and interest actually paid by plaintiff Miss Huang as of the effective date of this judgment within three days; (The specific amount shall be subject to the corresponding bill of Shenzhen * Sub-branch of China Industrial and Commercial Bank), and 5% of the above amount shall be paid to the plaintiff as liquidated damages; Three, the case acceptance fee shall be borne by the defendant. Lawyer's comment: With the price of commercial housing rising year after year in recent years, commercial housing transactions are active, but it is really unacceptable for buyers to "stabilize" buyers with various excuses because developers delay the delivery of houses for various reasons. And whether the purchased commercial housing has the conditions for delivery has become a doubt for many property buyers? In fact, the Guangdong Provincial Construction Department has already made it clear; The specific requirement for the acceptance of commercial housing is that the commercial housing construction unit has gone through the project completion acceptance procedures in the local construction authorities, rather than the "Completion Acceptance Report" or "Completion Acceptance Record Form" checked by the developer. According to Article 30 of the Measures for the Administration of Commercial Housing Sales, the real estate development enterprise shall deliver the commercial housing that meets the delivery conditions to the buyer on schedule according to the contract. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.
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