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How to write a reminder when the developer delays the delivery?
Letter \x0d\ \x0d\ to * * Real Estate Development Co., Ltd.: \ x0d \ x0d \ The buyer signed a contract with this company on May 1 1 2065438. Article 8 of the contract stipulates that the delivery date is before 20 13 12 3 1, but the delivery has not yet been made. On July 30th, 20 14, I received a short message from the seller, informing me to postpone the delivery of the house, and every household will receive additional subsidies from August 1 day. \x0d\x0d\ Regarding the fact that the seller delayed the delivery of the house, the buyer made the following comments: \ x0d \ x0d \ 1. Interpretation of Article 117 of the Contract Law on Force Majeure: If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, except as otherwise provided by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities. Force majeure as mentioned in this Law refers to unforeseeable, unavoidable and insurmountable objective circumstances. \x0d\ x0d \ The delay in the delivery of the house in this community is not force majeure, so the seller shall pay the liquidated damages in the form of cash according to Article 9 \ x0d \, which will be cashed every month from \ x0d \ September 1 day, and the cash will be transferred to the designated card account or distributed in cash. \ x0d \ x0d \ II。 According to the seller's promise, from August 1 day, the additional subsidy promised by SMS will be paid monthly * * * yuan/month /\x0d\ household subsidy, and will be paid monthly from August, and the cash will be transferred to the designated card account or distributed. \x0d\ x0d \ III。 There are two different legal relationships between developers and construction companies and between developers and buyers. The relationship between the developer and the construction company is a construction contract, and the relationship between the developer and the buyer is a commercial housing sales contract, which are independent. Therefore, the developer cannot delay the delivery of the house on this ground, \x0d\ must deliver the house within 3 months from the date of dunning. \x0d\ \x0d\\x0d\ IV。 According to the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Disputes over Commercial Housing Sales Contracts, if the developer delays delivery and fails to deliver the house within 3 months after being urged by the buyer, the buyer may request to terminate the contract. Therefore, the seller should not deliver the house within 3 months from the date of demand, and the buyer will propose to terminate the contract, and at the same time demand the seller to return the purchase price, pay interest according to the bank loan interest for the same period, and pay liquidated damages. \x0d\x0d\ V. With regard to the compensation for the rent of the house rented by the buyer during the delay in delivery, the judicial interpretation of the Supreme Court clearly stipulates that during the delay in delivery, the rent shall be borne by the developer, and the seller is required to compensate the buyer for the rent from \x0d\ according to the buyer's \ x0d \ house lease contract and the receipt for paying the rent. \x0d\ x0d \ The buyer requests to send a letter to you based on the principles of friendly negotiation, early check-in, avoiding the related responsibilities of delaying the delivery of the house, and avoiding the deterioration of the situation, and asks you to make a written commitment on the Supervision Delivery Letter of the house purchased in * * * * urban community and the above issues in time, and send me the written documents of the results or commitments. Otherwise, if the delivery is seriously delayed, you shall bear all liabilities for breach of contract caused by the delay in delivery. I reserve all contractual rights to continue to hold you liable for breach of contract, and decide whether to hand over the house according to your rectification or negotiation. \x0d\ \x0d\ \x0d\ is hereby notified. \x0d\ Xxxx \ Unit X, Building X, residential district \ x0d \ Buyer: \ x0d \ x year x month x day.
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