Late delivery refers to the behavior that the real estate project is not delivered within the stipulated or promised delivery period. At present, this situation exists in many projects. Due to the influence of policies, construction, funds, materials and management, the delivery time is bound to be delayed, but it is often necessary to bear certain liability for breach of contract.

In many commercial housing pre-sale contract cases, most of them are caused by developers' overdue delivery. There are five main situations in which the developer fails to hand over the house:

1. The developer has not obtained the pre-sale permit for commercial housing. The main reason is that the developer did not obtain the pre-sale permit of commercial housing on the delivery date agreed in the contract, which led to the inability to start construction of the house; Or illegally build a house, but can't deliver the house to the buyer because it can't provide relevant documents;

The developer refused to let the buyers live in because they didn't pay the fee. Mainly refers to the developer refused to let the buyers stay at the agreed delivery time because he did not pay the housing management and maintenance fund, deed tax and real estate license agency fee collected and remitted by him;

3. The developer sells one room and two halls or buys more, which makes it impossible to deliver the house to the buyers within the delivery time agreed in the contract;

4. The developer could have delivered the house within the time stipulated in the contract, but due to work mistakes, the buyer delayed the delivery;

5. The buyer thinks that there are quality problems in the house and refuses to move in; It mainly refers to the phenomenon that buyers think that there are quality problems in the house when they accept the house, or that the house does not meet the quality requirements or decoration standards agreed in the contract, thus refusing to accept the house within the time agreed in the contract, and then asking the developer to bear the liability for breach of contract for overdue delivery.

legal ground

People's Republic of China (PRC) Civil Code

Article 188 The limitation of action for requesting the people's court to protect civil rights shall be three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee. Article 189 Where the parties agree to perform the same debt by installments, the limitation period of action shall be counted from the date when the last installment expires. Article 192 Upon the expiration of the limitation of action, the debtor may raise a defense of non-performance.

After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.

Article 193 A people's court may not apply the limitation of action on its own initiative. Article 194 In the last six months of the limitation of action, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended:

(1) force majeure;

(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;

(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;

(4) The creditor is controlled by the debtor or others;

(5) Other obstacles preventing the obligee from exercising the right of claim.

The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.