Failure to do it on time as stipulated in the contract is a breach of contract and should bear the liability for breach of contract.
The liability for breach of contract includes continuing to perform, taking remedial measures, and compensating for losses. According to Article 107 of the Contract Law.
2. Can I bring a lawsuit to the court and demand compensation for breach of contract?
Compensation for liquidated damages must be agreed in advance, for example, the agreed liquidated damages are 654.38+10,000 yuan, or if the house is not delivered within the time limit, 2% of the house purchase price will be paid every day. If there is no agreement in advance, there will be no liquidated damages.
Will the court support my claim?
If you want liquidated damages, the court will not support it, but you can claim compensation for losses, including the loss of renting a house outside because of the delay in delivery or other losses that you have evidence to prove. In other words, your claim will be legal and reasonable. According to Articles 1 12 and 1 13 of the Contract Law.
As far as this case is concerned, if the developer delays the delivery of the house and you have evidence, you can claim that the developer will compensate you according to law. Even if this claim is rejected by the developer, it can be supported in court.
I hope it helps you. Good luck!
Supplement: The point is that the certificate dragged me for two years, which made me unable to borrow money with the certificate and worried me for two years.
Without the penalty clause, there is no penalty. If you can't borrow money, you can claim for the actual loss. No loss, no compensation. Fear belongs to the spiritual category, and you can't claim compensation in this case.
20 10 1022 supplement:
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. Explain Article 17 according to the commercial housing sales contract.
If the buyer fails to obtain the ownership certificate of the house at the expiration of the time limit for handling the registration of house ownership as agreed in the commercial house sales contract due to the seller's reasons, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties; If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China. Explain Article 18 according to the commercial housing sales contract.
The above provisions can be applied to the calculation of the loss due to breach of contract in this case. Thank Chi Tangwei's friends for their timely guidance, and also apologize for the omissions and mistakes in their answers!