How long does it take to delay the delivery of the house count as a breach of contract

If the developer fails to deliver the house as agreed, the performance period will be extended. During this period, the employer shall be responsible for the suspension and delay of delivery caused by force majeure. If there is no justifiable reason, the developer's delay in handing over the house is regarded as a breach of contract. The relationship between the developer and the owner is a commercial housing sales contract, and the commercial housing sales contract signed by both parties is the true intention of both parties. If the seller extends the delivery period, this situation is illegal, and the extended days shall be calculated according to the agreement and certain losses shall be compensated. If the seller delays the delivery of the house or the buyer delays the payment of the house price and fails to perform it within a reasonable period of three months after being urged, if one party requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties. If there is no law or agreement between the parties, the reasonable time limit for exercising the right of cancellation is three months after the other party's demand. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of revocation shall be extinguished. The contract for the sale of commercial housing does not stipulate the amount of liquidated damages or the calculation method of loss compensation. The amount of liquidated damages or loss compensation can be determined with reference to the following standards: if the payment is overdue, it shall be calculated according to the total amount of unpaid house purchase price and the standard of interest charged by financial institutions on overdue loans stipulated by the People's Bank of China. Overdue delivery, in accordance with the relevant authorities announced or qualified real estate assessment agencies to assess the same lot of similar housing rent standards during the overdue delivery.

Can I get compensation for delayed delivery?

The owner of the house can be compensated for the delay in delivery. In case of overdue delivery, if liquidated damages have been stipulated in the house sales contract signed between the owner and the developer, the developer may be required to compensate for the loss of overdue delivery according to the amount agreed in the contract; If there is no agreement in the contract or the agreement is unclear, the calculation method of liquidated damages can be the total house payment multiplied by the bank loan interest rate and the deferred house payment.

Legal basis: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that:

Where the contract for the sale of commercial housing does not stipulate the amount of liquidated damages or the calculation method of loss compensation, the amount of liquidated damages or loss compensation can be determined with reference to the following standards:

If the payment is overdue, it shall be calculated according to the standard for collecting overdue loan interest of financial institutions stipulated by the People's Bank of China.

Overdue delivery, in accordance with the relevant authorities announced or qualified real estate assessment agencies to assess the same lot of similar housing rent standards during the overdue delivery.