First, the buyer's right to terminate the contract
Article 94 of the Contract Law stipulates that if one party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged, the other party may terminate the contract. The Supreme People's Court's Interpretation on Disputes over Commercial Housing Sales Contract defines "reasonable period", which stipulates that 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 party requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties. The Interpretation also stipulates that if the law does not stipulate or the parties do not agree, the reasonable time limit for exercising the cancellation right is three months after the other party's reminder. 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.
The above legal provisions have three meanings:
1. If the purchaser wants to terminate the contract, he should remind him first.
2. If the developer still fails to deliver the house after three months of reminders, the buyer has the right to terminate the contract. In other words, the condition for the buyer to terminate the contract is that the first developer delays the delivery of the house; Second, after urging; After the third dunning, the house has not been delivered for three months.
3. The validity period of the right of the buyer to terminate the contract begins three months after the reminder date and ends one year later, that is, the validity period of the right to terminate the contract is one year. You can notify the developer to terminate the contract at any time this year. If it exceeds one year, you will lose the right to know forever (except for other reasons such as serious quality problems). Moreover, if the developer urges the buyer to exercise the cancellation right after the buyer obtains the cancellation right, the validity period of the cancellation right will be shortened to three months.
4. In the above provisions, two reminders and two three-month provisions should be clearly distinguished. One is that buyers urge developers to hand over the house, and the other is that developers urge buyers to exercise the right of cancellation; First, the buyer obtained the cancellation right three months later. First, the validity period of the buyer's cancellation right was shortened to three months after the developer urged it.
In view of the above provisions, when the developer delays the delivery of the house, no matter whether the buyer is really ready to terminate the contract, a letter should be sent immediately after the developer delays the delivery of the house. First, he should take countermeasures when the developer delays the delivery of the house; Second, it is also a kind of pressure to remind the developer to cancel the contract.
6. The reminder shall be made by express delivery or other ways that can keep the voucher. In the absence of reminders, developers delay for a long time, can you terminate the contract? According to the provisions of the contract law and judicial interpretation, it should be impossible, and urging is a prerequisite for terminating the contract.
7. If there is no law or agreement between the parties, the reasonable period for exercising the cancellation right is three months after the other party's demand. 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.
2. Property buyers demand payment of liquidated damages or compensation for losses.
1. According to the relevant provisions of the Contract Law, if the seller delivers the house late, it shall pay liquidated damages or compensate for the losses. The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.
2. If the contract does not stipulate the amount of liquidated damages or the calculation method of loss compensation, it can be determined according to the rent standard of similar houses in the same lot published by the relevant competent department or evaluated by a qualified real estate appraisal agency.
3. The liquidated damages agreed in the contract are relatively high. After the dispute is brought to justice, if the developer requests to reduce the liquidated damages on the grounds that the liquidated damages are too high, the liquidated damages shall be appropriately reduced according to the standard that the losses caused by the liquidated damages exceed 30%; If the liquidated damages for late delivery agreed in the contract are too low, the buyer may request an increase, and the court will support the determination of the amount of liquidated damages according to the actual losses caused by the breach of contract. If the contract stipulates both liquidated damages and compensation for losses, it cannot be applied at the same time, and the higher one can be applied.
Three, property buyers in the choice to terminate the contract, you can also demand payment of liquidated damages or compensation for losses. Liquidated damages or compensation for losses are basically compensation for losses caused by breach of contract. After the termination of the contract, one party will still suffer losses, at least the loss of interest on the purchase price, which should be compensated. Therefore, you can claim to terminate the contract and compensate for breach of contract at the same time.