Housing pre-sale, also known as commercial housing pre-sale and uncompleted residential flats pre-sale, refers to the real estate transaction behavior that the real estate development enterprise and the purchaser agree that the purchaser will pay the deposit or advance payment at a certain date in the future and own the existing house. Its essence is the buying and selling of housing futures, which is just a futures contract of housing. It and existing home sales have become two main forms of housing sales in China commercial housing market.
The developer should deliver the house according to the agreed time, which is the basic obligation of the developer. If the developer fails to deliver the house on time, the buyer can take different ways to safeguard his legitimate rights and interests according to different situations. According to the situation and reasons of delayed delivery, it can be divided into the following situations:
(1) The developer delayed the delivery of the house and failed to perform it within a reasonable period after being urged, but gave the reasons for the delay. In this case, there is no need for the buyer to terminate the purchase contract. Although it is not due to force majeure or contractual exemption, it is within the affordability of buyers. For example, the developer stopped working for a period of time because of financial problems, and now he has resumed work. Property buyers can choose to wait and ask developers to bear liquidated damages.
(2) If the developer delays the delivery and fails to perform it within a reasonable period after being urged, and fails to give a reasonable reason or shirk it blindly, the buyer may request to terminate the contract, and ask the developer to bear the liability for breach of contract and compensate for his own losses.
(3) delayed delivery. If the developer delivers the goods within a reasonable period of time after being urged, the buyer cannot demand the termination of the contract, but may require the developer to bear liquidated damages according to the number of days of delay.
In short, in the case of delayed delivery, it is impossible for buyers to clearly know the reasons for the delay of delivery by developers, or what they know is not the real reason. Therefore, in addition to the above solutions, they also need to pay attention to some other matters, such as: when signing a house purchase contract, pay attention to the provisions on the delivery date in the contract, and the handling of delayed delivery. If there is no agreement, an agreement should be signed. Try to reflect this problem in the purchase contract, so that the problem can be well recorded when it happens.
Extended data:
Procurement contract filing process:
1. Since 2006, all sales contracts have been signed online. Before signing an online contract, they usually sign their initials to ensure that the content of the contract is correct, and then sign an online contract without objection. After the online signing of commercial housing, the developer records the contract, obtains the record number after being audited by relevant departments, prints out the contract text, and the buyer and the seller sign and seal, each holding its own copy.
2. For specific operation steps and details, you can consult the developer or the Housing Authority's property market section in detail.
3. To inquire about the contract filing and registration, you can log on to the website "Commercial Housing Sales Contract Filing and Registration" to inquire about the channel, enter the ID number and contract filing and registration number, and choose the correct filing time.
References:
Baidu Encyclopedia _ Qianjin Home