Can the other party refuse to check out after the overdue delivery win the lawsuit?

If the delivery is overdue and the other party refuses to return the house, the lawsuit may win. It needs to be judged according to the specific situation.

Legal analysis

According to the relevant laws and regulations, buyers and sellers can return the house if they explicitly agree in the house purchase contract that the house is overdue. At the same time, after the court finds out that the seller does have late delivery, the court will judge the plaintiff in favor; Otherwise, it is not allowed to return the house, but the seller shall bear the corresponding liability for breach of contract. Or if the evidence is sufficient and the legal relationship is clear, the lawsuit can be won. The Supreme Court has a judicial interpretation of disputes over commercial housing sales contracts. In case of delayed delivery, first look at the agreed terms in the purchase contract. Some contracts will stipulate how many days the developer will delay, and the buyer can terminate the contract. Property buyers can decide whether to exercise this cancellation right. If there is no relevant agreement in the contract to return the house and certain conditions are met, the buyer may also terminate the contract. If the developer delays the delivery, the buyer can urge the developer to ask the other party to deliver the house quickly. If the developer still has no reason to delay for more than 3 months, the buyer may ask the developer to terminate the contract and compensate for the losses. In real life, there are many such cases. Basically, the chances of winning the case are very high, and the original check-out is generally supported. The premise is to have evidence. Therefore, the other party refused to check out after the delivery was postponed. Whether the lawsuit can be won depends on the specific situation. If the evidence is sufficient, the probability of winning the case is very high.

legal ground

Article 563 of the Civil Code of People's Republic of China (PRC) may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.