How to deal with developers' delay in delivery

2022-07-22
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How to deal with developers' delay in delivery

when selling future houses, general real estate developers usually take the early arrival time as a promotional means to arouse the interest of property buyers. Then the buyer must pay attention to whether the developer can deliver the house within the agreed time limit. The buyer can make an agreement when signing the house purchase contract. If the developer cannot deliver the house within the specified time, it is stipulated that the developer should bear the responsibility and compensate for the losses

for example, it can be agreed in the contract:

1) the developer must deliver the House agreed in the contract to the buyer before a certain day of a certain month in a certain year

2) if the developer cannot deliver the house on time, the buyer should give the developer a grace period and allow the developer to deliver the house within the grace period. However, the developer shall bear the liability for breach of contract, and the liquidated damages shall be calculated according to the interest paid by the buyer from the delivery period stipulated in the contract to the actual delivery date

3) if the developer still cannot deliver the house after the grace period, the buyer may have the right to terminate the contract, and require the developer to return the house purchase price and interest, and pay liquidated damages

according to the contract law, only when one party has a major breach of contract, the other party has the right to terminate the contract. Therefore, when the developer cannot deliver the house on time, generally speaking, the buyer cannot immediately terminate the contract. However, according to the above, a slight delay in the performance of the contract by the developer in the contract will not cause great harm to the buyer. The buyer will only slightly delay the check-in time. However, if the developer still fails to deliver the house after the grace period, the buyer has the right to terminate the contract, require him to return the pre-sale purchase price and interest paid, and pay liquidated damages

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