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What should I do if the delivery date of the house has passed?
Legal basis: Article 30 of the Measures for the Administration of Commercial Housing Sales.
Real estate development enterprises shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyers on schedule. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.
How to deal with the delivery?
Before the handover with the owner, the developer will generally appoint the engineering department, customer service department and property management company to form an internal house inspection team to conduct pre-inspection on the house to be delivered to the owner for use, and rectify the problems found in time. After the pre-inspection, the developer will give the key to the property company, and the property company will arrange the owner to inspect the house. For houses that meet the delivery conditions, the developer will send a notice to inform the owner first.
Generally, the sales department of the development company sends the notice of occupancy and other delivery notices half a month or one month in advance according to the delivery date agreed in the contract, and some also call the owner. At this point, the owner had better go as scheduled. Because of the general agreement in the contract, if the owner fails to inspect the house within the agreed time limit, it is deemed to have agreed to hand over the house.
If you don't pay the house without reason, some developers will charge one-tenth to three-tenths of the storage fee on a daily basis from the delivery date agreed in the contract. If the owner is on a business trip or cannot go as scheduled under special circumstances, it is best to inform the developer in writing and explain the reasons.
According to the requirements of the occupancy notice, the owner should bring relevant information to the sales department to confirm his identity and contact the acceptance handover. These materials generally include: occupancy notice, sales contract or pre-sale contract, original and photocopy of ID card, and photos of family members (used to record the customer information of the property). If someone else is entrusted to inspect the house, the entrusted person must also issue a power of attorney from the owner while holding a valid identity document.
The property management company assigns relevant personnel to accompany the owner to inspect the house on site. When the house is accepted, the owner must sign the house acceptance handover form, get the house key and household registration book, and pay the relevant fees according to the regulations. If the acceptance is unqualified, the owner shall clearly record the deficiencies on the building acceptance handover form, and may not go through the check-in formalities temporarily. The handover time shall be agreed by both parties separately, but generally it shall not exceed 30 days.
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