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How to write a reminder for developers to delay delivery?
Letter \ x0d \ \ x0d \ to * * Real Estate Development Co., Ltd.: \ \ x0d \ x0d \ The buyer signed the contract with our 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. 20 1 4 only received a text message from the seller on July 30th, informing that the delivery of the house would be postponed, and each household would receive an additional subsidy from August1. \x0d\x0d\ Regarding the fact that the seller delayed the delivery of the house, the buyer made the following suggestions: \ 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 an objective situation that cannot be foreseen, avoided and overcome. \x0d\ x0d \ The delay in delivery of the house in this community is not a force majeure, so the seller must pay the liquidated damages on a daily basis in accordance with Article 9 \ x0d \. The form of compensation for the liquidated damages is cash, which will be cashed monthly from \ x0d \ September (1), 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, the additional subsidy promised by SMS will be paid monthly at * * * yuan/month /\x0d\ households, and the cash will be transferred to the designated card account or distributed from August. \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 can't delay the delivery of the house on this ground, and \x0d\ must deliver the house within 3 months from the date of reminder. \x0d\ \x0d\\x0d\ IV。 According to the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Commercial Housing Sales Contract Disputes, if the developer delays the delivery of the house and fails to deliver the house within 3 months after the buyer's reminder, the buyer may request to terminate the contract. Therefore, the seller should be unable to 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 during the delayed delivery of the leased house by the buyer, the judicial interpretation of the Supreme Court clearly stipulates that during the delayed delivery of the house, 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 house lease contract and the rent payment receipt of the buyer. \x0d\ x0d \ The buyer requests to send you a letter 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, asking you to make a written commitment on the supervision delivery letter of the house purchased in * * * City Community and the above issues in time, and send me the written documents of the results or commitments. Otherwise, if you seriously delay the delivery of the house, you will bear all the 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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