Do I need to pay liquidated damages for delaying repossession? The owner will bear the consequences of not repossession for two years after the overdue repossession.

In the process of buying a house, closing the house is a very crucial step, which determines the owner's occupancy time. Many owners are busy and may not be able to repossess the building in time for various reasons. Should I pay liquidated damages for delaying repossession? Let's take a look with Bian Xiao. By the way, the consequences of the owner's overdue repossession and not receiving the house for two years. Interested friends come and have a look.

1. Do I need to pay liquidated damages for delayed repossession?

1. Should I pay liquidated damages for the delay in repossession? Generally speaking, whether to pay liquidated damages for delayed repossession depends on the contract signed by the developer and the owner. If there are provisions in it, it needs to be handled in accordance with the contract; If there is no provision in it, we will negotiate according to the actual situation.

2. Generally speaking, the developer's chamber of commerce and the owner have agreed on the time of repossession, and the opening chamber of commerce will inform the owner of repossession before this date. If there is no time to repossess the building at this moment, there will be no liquidated damages. However, if the building is repossessed after the delivery date agreed in the contract, the property management company has the right to collect property management fees and late fees after the delivery date agreed in the contract.

3. Article 114th stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of damages arising from breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Second, the owner shall bear the penalty for overdue repossession.

1. Regarding the problem of owners' overdue repossession, in many purchase agreements signed by owners and developers, the liquidated damages for overdue repossession are generally stipulated. Therefore, developers have the right to demand liquidated damages from the owners in the case of overdue repossession. But if there is no liquidated damages in the contract, whether to pay liquidated damages depends on the intention of the developer.

2. According to Article 16 of the Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, the nature of compensation for liquidated damages in commercial housing sales: if the parties request to reduce the liquidated damages on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced according to the standard that the losses caused by the liquidated damages exceed 30%; If the parties demand an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined according to the losses caused by the breach of contract. If the liquidated damages stipulated in the contract are too low to make up for the actual losses, the court may be requested to increase the amount of compensation according to the provisions of the contract law.

Third, the consequences of not accepting the house for two years

1. Some owners may not close their houses in time due to their own reasons, and some may not even close their houses for two years. What will happen if you don't accept the house for two years?

2. For the owners who don't accept the house for two years, the main impact is the developers and banks. For the developer, as the contract is signed for the sale of goods, according to the contract law, the risk of damage or loss of the subject matter shall be borne by the seller before delivery and the buyer after delivery. Therefore, developers are ultimately responsible for housing.

3. Because many owners borrow money from banks, if they can't get the house, they can't get the title certificate. Therefore, developers need to bear joint and several liability for banks. If the owner fails to repay the loan on time, the bank will sue our developer or the owner himself.

The above is about whether to pay liquidated damages for delayed repossession, and the consequences of the owner's failure to repossess the property for two years. I hope it will help everyone!