Let's take a look at how Mr. Wang of Wuxi "blacked out" all the way from this road, and supplement the relevant knowledge of developers' overdue delivery.
Commercial housing contract dispute case:
On October 20 12, 165438 10, Mr. Wang spent more than 940,000 yuan to buy a house, and the developer agreed in the contract to deliver the house before April 30, 20 13. However, when the developer failed to deliver the house on time and signed the purchase contract, both parties agreed that the developer was overdue for more than 60 days and Mr. Wang had the right to terminate the contract.
Mr Wang is in no hurry to terminate the contract. He believes that developers can get an extra day of liquidated damages for one day of late delivery. Until July 3, 20 13, the developer informed Mr. Wang to take over the house, but Mr. Wang did not take over the house, and then negotiated with the developer to return the house without success. In August of 20 14, Mr. Wang sued the developer to the court, requesting the court to order the cancellation of the commercial housing sales contract signed by both parties, and ordered the developer to refund the purchase price of more than 940,000 yuan and the liquidated damages of more than 280,000 yuan for late delivery of commercial housing.
Court: The longest period of revocation right is one year.
The court held that the purchase contract signed by both parties was legal and valid, and the developer delayed the delivery. According to the contract, if the payment is overdue for more than 60 days (i.e. June 30th, 20 13), Mr. Wang can exercise the right to terminate the contract. However, the exercise of the right to terminate the contract has a certain time limit.
The Supreme People's Court, China? There is a limit to the time limit for exercising the right to terminate the commercial housing sales contract: if there is no legal provision or agreement between the parties, the reasonable time limit for exercising the right to terminate is three months after being urged by the other party. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of revocation shall be extinguished.
In this case, Mr. Wang's cancellation right should be exercised before June 30, 20 14, but he didn't appeal to the court until August, 20 14, and the cancellation right was extinguished after the specified time of 1 year. Therefore, the judgment rejected Mr. Wang's claim.
Note: property buyers should be careful about the duration of rights protection.
Mr. Wang's case is a commercial housing sales contract dispute. Mr. Wang originally wanted to check out late and demanded compensation for breach of contract, but his rights protection was limited by the time limit. If the time limit for safeguarding rights is exceeded, the rights of the parties concerned shall be extinguished.
Relevant regulations on late check-out
1. If it is delayed for more than three months without reason, the contract can be terminated;
2. The delay of force majeure should also have a time limit;
3, comprehensive acceptance and monomer acceptance should be clear.
In the course of litigation, some courts will make judgments according to the terms agreed in the contract, which makes it easy for property buyers to suffer dumb losses. The average purchase contract has more than a dozen pages. Some developers will add attachments to the contract, and some developers will reserve some blanks in the contract. Property buyers should also pay attention to this point when signing the purchase contract, so as to avoid the situation that the developer delays the delivery of the house and the loss of the property buyers is not compensated.
(The above answers were published on 20 17-03-23. Please refer to the actual situation for the current purchase policy. )
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