What should I do if I delay the delivery of the house? ——Analysis of recent hot topics and coping strategies
Recently, the problem of "delayed delivery" in the real estate market has once again become a hot topic on the Internet. Especially in the post-epidemic economic recovery stage, some developers have delayed home delivery due to tight capital chains, lagging construction progress and other reasons, triggering a large number of home buyers to defend their rights. This article will combine the hot data of the entire network in the past 10 days to analyze the main reasons, legal basis and countermeasures for delaying home delivery, and help home buyers protect their own rights and interests.
1. Statistics on hot spots on delays in house delivery in the past 10 days
| keywords | Search volume (daily average) | Main discussion platform | Typical cases |
|---|---|---|---|
| Developer delays delivery | 12,500 times | Weibo, Zhihu | The project of a leading real estate company has been delayed for more than one year |
| Compensation for delayed house delivery | 8,300 times | Douyin, Baidu | Owners’ class action lawsuit awarded liquidated damages |
| Rights protection for unfinished buildings | 6,700 times | Xiaohongshu, Bilibili | Cases of local government intervention in guarantee delivery |
2. Three main reasons for delaying house delivery
1.Capital chain problem: Some developers are in arrears with project payments due to slow sales returns and financing difficulties, and construction parties have suspended operations.
2.construction management issues: Delay in material supply, insufficient labor force, or project quality rectification taking too long.
3.force majeure factors: Objective reasons such as extreme weather and policy adjustments (such as environmental protection and production restrictions).
3. House buyers’ rights stipulated by law
| Legal basis | Specific terms | Applicable situations |
|---|---|---|
| "Commercial Housing Sales Contract" | Article 7 Delivery deadline | Clearly agree on delivery time and liquidated damages standards |
| Article 563 of the Civil Code | Right to terminate fundamental breach of contract | Check-out is possible if the extension exceeds a reasonable period |
| "Urban Real Estate Development, Operation and Management Regulations" | Article 17 | Developers need to bear overdue liability |
4. Four-step strategy for home buyers
1.Check contract terms: Focus on checking the delivery time, liquidated damages ratio (usually one to three ten thousandths per day), and contract termination conditions.
2.Written reminder to developer: Send a reminder letter through EMS, retain evidence, and give a reasonable grace period (30-60 days recommended).
3.Joint rights protection: Count the number of affected households through the owner group, and collectively complain to the housing and construction department or initiate a lawsuit.
4.legal approach: If the negotiation fails, you can apply for property preservation, ask the court for enforcement, or advocate for contract termination + compensation.
5. References to recent successful rights protection cases
| area | extension length | Solution | result |
|---|---|---|---|
| Zhengzhou | 18 months | Government special class supervision + owner litigation | Delivery completed in October 2023 |
| Chengdu | 9 months | Media exposure + collective arbitration | Compensation for liquidated damages of 8% of the total house price |
6. Special reminder
1. Be wary of developers delaying indefinitely on the grounds of "epidemic force majeure" and need to check the official suspension certificate.
2. For long-term unfinished projects, you can apply to the government to launch a special loan mechanism for "Guaranteed Delivery of Buildings".
3. Check whether the developer is listed as a person subject to enforcement for dishonesty through the China Enforcement Information Disclosure Network (http://zxgk.court.gov.cn).
If you are facing a delay in property delivery, it is recommended that you immediately collect the purchase contract, payment voucher and other evidence, consult a professional lawyer if necessary, and seize the golden period for rights protection (usually the best time limit for filing a lawsuit is within 1 year after the delay).
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