What if the developer can't deliver the house on time? How can we safeguard our rights?

There are several ways to protect rights:

1. First, the buyer needs to keep the evidential materials.

Property buyers should collect and keep evidence materials such as subscription book, purchase contract, written notice from developers, short messages, newspaper announcements, sales advertisements, photos, videos, and certificates from relevant government departments. From the beginning, it was formed and appeared in the process of buying a house, so as to be used when defending rights.

2. For the developer's delay in delivery, the buyer can choose to terminate the contract or claim liquidated damages according to the relevant provisions of laws and contracts.

3. Complain jointly with most owners to attract the attention of the competent authorities, so as to help you eliminate the illegal factors of the property.

4. If not, you can go through legal procedures. According to Article 107 of the Contract Law, if a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the agreement, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

5. In addition, if one party explicitly expresses or shows by its own behavior that it will not perform its contractual obligations, the other party may require it to bear the liability for breach of contract before the expiration of the performance period.

If the buyer wants to terminate the contract, he should remind him first. If the overdue period exceeds three months, the buyer may request the developer to terminate the contract. The validity period of the Buyer's termination of the Contract starts from the third month of the reminder date and ends one year later, that is, the validity period of the termination right is one year.

Extended data:

According to the relevant laws and regulations of our country, it can be divided into normal delayed delivery and abnormal delayed delivery.

Normal delay in delivery mainly refers to the overdue delivery of houses due to construction delay, government-related formalities delay, municipal facilities delay and other reasons.

This is a delay in delivery time, and property buyers give developers a certain grace period, after a period of waiting.

Abnormal delay in delivery mainly refers to the situation that the developer can't deliver the house or can't deliver the house in a short time because of the developer's economic strength, illegal government procedures and other reasons.

Please note that the following situations do not constitute a delay in delivery:

Influence of force majeure on implied delivery. According to the Contract Law: "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, unless otherwise stipulated by law. If force majeure occurs after the parties delay performance, they cannot be exempted from liability. "

The occurrence of force majeure has a great impact on the normal delivery of the house, and if the seller may delay the delivery of the house, the seller may be partially or completely exempted from the responsibility. However, the seller shall timely fulfill the notification obligation to the buyer within a reasonable time, otherwise it will constitute a delay in delivery.

References:

People's Network-What if the developer fails to deliver the house?

Phoenix Net-What if the developer delays the delivery of the house? Teach you how to defend your rights correctly