Delaying the delivery of the house is harmful, and the default cost of the owner is low, and the developer is very capricious.
Developers don’t deliver houses on time, which is a headache for property buyers. Delayed delivery has also become a common phenomenon in the process of faster transaction. For most consumers, it is a dream to own a house of their own. Looking at the house, consulting, comparing, ordering and other links dare not be sloppy at all, for fear of using life savings for endless troubles. Sign a contract, pay, and look forward to it. Seeing that the delivery date is approaching, I am thinking about my future life. Perhaps, the contrast between ideal and reality will make you feel "two worlds of ice and fire" Developers have been delaying the delivery of the house, or when the house is delivered, the residential roads are still under construction, the supporting public facilities are not available, the green area is seriously shrinking, and water, electricity and gas are impassable … The reporter’s investigation found that in the real estate industry, the phenomenon of delaying the delivery of the house is more common, and many buyers have encountered it. Then why do developers default frequently? In this regard, the reporter conducted an in-depth investigation.
Delayed delivery pit owner
In the past two years, there has been a "heart disease" that has plagued Mr. Yang, a citizen. The house bought in Huanzhuyuan has been delayed for two years. "The contract was signed and delivered on September 30, 2014, but it has not been delivered so far. The developer refused to give an explanation, did not make compensation according to the contract, and could not tell the specific delivery date. What channels can I complain? " Mr. Yang complained.
Mr. Yang said that the delivery time they received has been delayed for four times. I don’t know when I can live in it. I hope the developer will give me a letter of approval. The developer responded that the municipal pipe network will be delivered at the end of October.
The reporter came to the project site of Huanzhuyuan. At present, the main building of Huanzhuyuan has been completed, but the surrounding supporting facilities are still not perfect, especially the road at the entrance of the community. Although there are excavators under construction, the whole road is still dusty dirt road.
The same delay in delivery of houses also happened to the owners of Tandingshan in Yulong. "In 2015, I bought a commercial house in Yulong Tandingshan Project, No.199 Shandong Road. The contract stipulated that the delivery time was at the end of 2015, and the developer failed to deliver the house as scheduled, and the delivery was postponed until July 31, 2016. After the delivery date, the developer Qingdao Yongji Space Design Co., Ltd. failed to honor its promise, and now it is postponed. We have been renting out for a year, and the delay in paying the house has made us suffer physically and mentally. Next year, we will face child care. If we keep dragging on like this, our child care will be affected next year. " An owner of Tanding Mountain in Yulong said.
The reporter learned from Qingdao Urban and Rural Construction Committee that Huanzhuyuan Project is located at No.16, Wu Shi Road, Shibei District (west of Fu ‘an Community) and was developed and constructed by Qingdao Kangchu Industrial Co., Ltd. Due to design changes and other reasons, the project has been shut down many times, and Shibei District has repeatedly urged it to start construction and hand over the house as soon as possible. At present, the municipal supporting pipeline planning inside and outside the community is under way and is expected to be delivered by the end of this year.
Yulong Tandingshan Project is located at No.199, Shandong Road, Shibei District, and is developed and constructed by Qingdao Yongji Real Estate Co., Ltd. At present, the interior and exterior decoration and greening works of residential buildings are under way, and it is expected to be delivered at the end of December this year.
Delayed delivery projects also abound. The Tangdao Coastal Community in Qingxi New District failed to deliver the house on the date specified in the contract, and the developer Haiding Real Estate Co., Ltd. refused to explain and pay the liquidated damages. According to the owner of Tangdao Coast, the residential area has been built for more than six years, and there has been basically no change since it was capped for two years. "From January this year to now, every time I ask the developer Qingdao Haidening Real Estate Co., Ltd. for progress, they always delay for various reasons. The sales office promised to hand over the house in June 2015, which was not fulfilled. "
It is also very common for buyers to encounter the delay in delivery. The reporter simply counted that the developer was caught in a debt dispute, the capital chain was broken (Fuhai Garden, Tangdao Coast, Dayang Garden), the related supporting facilities could not be completed on time (Huanzhuyuan), and there was a dispute between the builder and the builder (Shanshui International), and the owner of the house often became the victim.
How should we deal with it?
Unreasonable contract, developers still have to pay compensation.
The state does not have a clear provision on compensation for breach of contract related to the delay in delivery, and the real estate problem is not applicable to the consumer law for the time being. For the delay in delivery, the only binding content for developers is the purchase contract in the hands of buyers.
The binding content for developers is the purchase contract in the hands of buyers. How should the developer calculate the penalty for breach of contract and how to define the compensation? The reporter consulted professionals in the legal field of the island city.
Lawyer Yu Qinjie of Shandong Wenjin Law Firm said that Article 17 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts stipulates: "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 house is delivered for use after the time limit, it shall be determined according to the rent standards of similar houses in the same lot announced by the relevant competent authorities or assessed by qualified real estate appraisal agencies." At the same time, it is stipulated in Article 16 that if the parties request an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined based on the losses caused by the breach of contract.
The state does not have a clear provision on compensation for breach of contract related to delayed delivery. In practice, it is determined according to the agreement of the parties. If the actual loss is higher than the agreed compensation range, it can still claim compensation for the actual loss. The reason can be that the developer, as a provider of standard contracts, exempts or reduces its obligations in the form of standard contracts.
Due to the delay in delivery, the rent for the owners to rent a house outside is borne by the housing developer. The developer shall be liable for breach of contract, and the liquidated damages shall be calculated according to the interest incurred by the buyer from the delivery period stipulated in the contract to the actual delivery date. If the developer can’t deliver the house after the grace period, then the buyer has the right to terminate the contract, and ask the housing developer to return the purchase price and interest, and pay the liquidated damages.
In the event of a dispute over the delay in delivery, on the one hand, buyers should collect relevant evidence of the developer’s delay in delivery, on the other hand, they should keep evidence of additional losses caused by the delay in delivery.
If we have a good grasp of the evidence in this way, we can make clear the facts of breach of contract, whether in the process of negotiation with the developer or when filing a lawsuit. We can claim the agreed liquidated damages according to the terms of the contract, and if the actual losses exceed the agreed liquidated damages, we can also ask the developer to bear the liability for compensation according to the actual losses of the property buyers, so as to fully safeguard their legitimate rights and interests based on the facts.
Government policy supervision should also follow up.
The reporter also consulted the government functional departments about the delay in delivery, and the relevant staff said that the problem of developers’ delay in delivery involves many departments, so it is difficult to supervise. At present, it is mainly through the supervision of funds to restrain developers. Developers first pay part of the funds as a project deposit, and once an accident occurs during the construction process, they can use this fund to deal with the aftermath.
In addition, government functional departments will try their best to give priority to prevention and strictly examine the qualifications of development enterprises. In the process of developers handling relevant procedures, once problems are found, developers will be investigated, and at the same time, the masses can report the developer’s incomplete qualifications. "
At the same time, the policies and regulations for delaying the delivery of houses should also be followed up in time. The Regulations on the Management of Urban Real Estate Development in Qingdao has been officially implemented since July 1. Compared with the previous regulations, the new Regulations have new measures in enterprise supervision, information transparency and other aspects.
There are several highlights in the new "Regulations" that are closely related to consumers: First, by establishing a delivery and use publicity system, the conditions for delivery and use of development projects are clearly defined, and the disputes over delivery caused by information asymmetry are reduced; Second, by strengthening the system of project management manual, development and construction scheme, the whole process of dynamic monitoring of the project is implemented to prevent the project from being delayed; Third, by improving the supervision system of real estate project capital and pre-sale funds, we can ensure that the project’s own funds are fully in place, reduce the project operation risk and prevent the emergence of "unfinished buildings"; Fourth, by increasing the development of enterprise credit construction.
When a real estate development project is completed, it shall pass the acceptance stipulated by laws and regulations such as planning, engineering quality, public security and fire control, and obtain relevant acceptance documents or vouchers, and the completion of real estate development projects in residential quarters and other groups. At the same time, it also requires real estate development enterprises to publicize the certification materials for the acceptance and use of development projects in a prominent position at the delivery site five days before the project is delivered for use, and the publicity period shall not be less than. Failing to publicize the certification materials for the acceptance and use of development projects as required, a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed.
(Source: Peninsula Network-City News)