Developers delay delivery, the first thing buyers should do is to negotiate with developers and put forward their own requirements, such as returning a house or asking for compensation. If the buyers and developers can reach an agreement, then the two sides can write down the contents of the consultation in writing and sign it.
Step 2 preserve evidence
When signing a contract with the developer, the buyer should understand the contents of the contract and see clearly the provisions of the delivery time. If the developer breaches the contract, it may require the developer to make compensation according to the contract. Of course, the buyer should keep enough evidence, including not only the developer's promise, but also the losses caused by the developer's delay. In this way, property buyers can better safeguard their rights and interests.
3. Complain to the local consumer association.
Buyers can complain to the local consumer association. If negotiation with the developer fails, then complaining to the relevant administrative department is also a feasible way to safeguard rights. Detailed written materials and supporting materials should be provided when complaining. This approach will have a certain impact on the social image of developers. So it will work.
4. Bring a lawsuit to the court
If the buyer and the developer can't reach a unified opinion because of the delay in delivery, then the buyer can also bring a lawsuit to the court and demand compensation from the developer. Of course, buyers also need to keep all kinds of evidence and be prepared for a long lawsuit.
Can developers check out if they delay delivery?
Generally speaking, in the case of delayed delivery, developers will shirk their responsibilities for various reasons and refuse to cooperate with check-out. Therefore, when property buyers request to return a house, it is best to find out the reasons for the delay in delivery.
1. Handling of normal delayed delivery
Normal delay in delivery mainly refers to the delay in housing delivery caused by construction delay, delay in handling relevant government procedures, and delay in municipal supporting facilities.
In this case, the owner can choose to wait and ask the developer to bear the liability for breach of contract in accordance with the contract. Bian Xiao hereby reminds the owner that if the liquidated damages agreed in the contract cannot make up for your economic losses (subject to the normal market rent of the house), you can ask the developer to compensate your economic losses.
2. Handling of Abnormal Delayed Delivery
Abnormal delay in delivery mainly refers to the economic strength of the developer, and the government procedures are illegal and cannot be handled. If this happens unfortunately, the owner is advised to return the house immediately. If the debt of the developer has exceeded its assets, the owner can also apply to the court for bankruptcy of the developer to protect the interests of the owner to the maximum extent.
What is the reason for the delay in delivery?
1, unqualified acceptance
If the developer has completed the housing construction, the housing quality has serious problems and has not passed the acceptance of relevant departments, the housing delivery may be postponed.
2. Difficulties encountered in construction
Developers encounter financial difficulties, which will also affect the speed of community construction, such as unfinished roads and environmental construction in the community; Even due to the break of the capital chain, workers went on strike and made trouble, which led to the developer delaying the delivery of the house and even the house was unfinished.
3. Force majeure
In case of force majeure, the developer will also postpone the delivery. Force majeure includes floods, earthquakes, fires, strikes, riots, etc.
4. Quality problems.
Some developers cut corners when building houses, and some buildings have problems even before they are handed over. For example, there are cracks in the external walls, and developers can only repair them, which leads to delays in handing over houses.
5. Other factors
In a good real estate market, when house prices rise, developers may cover up the price rise, even if they default. Some developers will modify the housing design and community planning, resulting in the project can not be completed on schedule, can not be delivered on schedule.