According to Article 15: If the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged, if one of the parties requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties.
So the developer didn't hand over the house at the end of May, so you should do it in writing or in the form of a newspaper. Urge developers. If the developer fails to hand over the house within 3 months from the date of your urging, you can apply to the court to terminate the purchase contract.
If, after your urging, the developer delivers the house before the end of August, you can't terminate the purchase contract on the grounds of delaying the delivery. Only according to the purchase contract, the developer can claim the penalty for delaying the delivery of the house.
If the developer fails to deliver the house before the end of August, you can return the house and compensate for the loss.
The developer's breach of contract leads to the return of the house, and both parties have agreed on liquidated damages in the contract, and the developer must make compensation according to the agreement. In addition to the total house price and corresponding interest, the compensation also includes some expenses paid by the owner in the early stage, such as stamp duty, house purchase deed tax, transaction fee, surveying and mapping fee, registration fee, interest loss, house purchase agency fee, lawyer's fee, etc. , included in the actual loss of consumers, compensation by the developer.
Return a house, the use of one-time payment of property buyers can directly ask the developer to refund their house payment and the corresponding interest. However, the situation of buying a house through mortgage loans and provident fund loans is relatively complicated. In practice, it is the developer who divides the refundable purchase money into two parts. The part that belongs to the buyer's down payment is directly returned to the buyer, and the part that belongs to the buyer's loan from the bank is directly returned to the bank, and the buyer is deemed to have repaid to the bank in advance. The bank receives the repayment and terminates the loan contract with the purchaser.
The developer pays the down payment interest to the purchaser, that is, the down payment interest income from the delivery date of the down payment to the return date of the developer. If the mortgage loan of the purchaser has entered the stage of monthly payment, the developer should also return the monthly payment and interest expenses of the purchaser.