2. The owner first cancels the secured loan contract at the bank, goes through the formalities of repaying the loan in advance, and returns the remaining loan principal and interest to the bank in advance. Then, the owner and the developer cancel the purchase contract and ask the developer to refund all the purchase money, interest and other handling fees to the owner.
3. The owner and the developer reach a return house agreement, and the developer will return the down payment, paid mortgage, interest and other expenses to the owner, and the remaining loan principal and interest owed by the owner to the bank will also be entrusted to the developer to directly return to the bank, and the secured loan contract will be terminated.
The developer's liability for breach of contract for overdue delivery.
If there is an agreement, it shall be handled in accordance with the agreement, but there is no principle of legal handling. If there is no clear agreement between the buyer and the seller on the treatment of overdue delivery (including liquidated damages and damages, etc.). ), in accordance with the provisions of Article 17 of 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.
That is, the commercial housing sales contract does not stipulate the amount of liquidated damages or the calculation method of loss compensation, and the amount of liquidated damages or loss compensation can be determined with reference to the following standards: if the payment is overdue, it shall be calculated according to the total unpaid purchase price and the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China. Overdue delivery, in accordance with the relevant authorities announced or qualified real estate assessment agencies to assess the same lot of similar housing rent standards during the overdue delivery.
Under normal circumstances, the determination of the amount of loss compensation needs to be determined after the court entrusts a qualified real estate appraisal agency to evaluate the rent standard of similar houses in the same lot.
Rights protection measures of owners who delay the delivery of houses
1. Collective negotiation with the developer. Developers usually send glib business personnel to negotiate with the owners, delay time or find various excuses, or make various promises to calm the owners' anger. However, after several negotiations, the developer only promised to give a small amount of compensation or reduce the compensation for certain property fees.
2, to reflect the housing construction management authority, demanding that the developer be punished. Housing management agencies only have administrative power, but have no civil jurisdiction. They can only punish developers and have no right to require developers to compensate owners in full and on time. Therefore, for the reflection of the owners, the ownership of housing construction can only be mediated. The housing construction management department will advise the owners to take legal measures after many unsuccessful mediations.
3. Bring a lawsuit to the court. Bring a lawsuit to the court quickly and promptly, asking the developer to pay the liquidated damages for delaying the delivery of the house, or terminate the house sales contract according to the law or the contract.