How to calculate the penalty for house delivery
In real estate transactions, overdue delivery of houses by developers is one of the common problems encountered by home buyers. Overdue delivery of the house not only affects the buyer's occupancy plan, but may also involve liquidated damages. So, how to calculate the penalty for house delivery? This article will analyze it in detail for you from the aspects of legal basis, calculation methods, actual cases, etc.
1. Legal basis
According to the relevant provisions of the "Contract Law of the People's Republic of China" and the "Regulations on the Sales of Commercial Housing", developers must bear breach of contract liability after delivery of the house after the deadline, and the specific compensation standards are usually subject to the contract agreement. If the contract does not clearly agree, refer to the following principles:
| Legal basis | Specific regulations |
|---|---|
| Article 107 of the Contract Law | If one party fails to perform contractual obligations or performs in compliance with the agreement, it shall bear the liability for breach of contract. |
| Article 30 of the "Regulations on Sales of Commercial Housing" | The developer should deliver the house at the time agreed in the contract, and a liquidated damages must be paid after the deadline. |
2. Calculation method of liquidated damages
The calculation methods of liquidated damages are usually divided into the following types:
| Calculation method | Specific instructions | Example |
|---|---|---|
| Calculated by daily | Based on the total price of the house purchased as the base, it is calculated based on the ratio of several tens of thousands of days. | Total price of 1 million, 5% of ten thousand per day, 10 days of overdue payment: 1 million × 0.0005 × 10 = 5,000 yuan |
| Fixed amount | The contract stipulates a fixed amount of compensation. | Compensation of 200 yuan will be compensated on one day after the deadline. |
| Segmentation calculation | The longer the overdue period, the higher the penalty ratio. | The first 30 days are 3/10,000 per day, and the first 30 days are 5/10,000 per day. |
3. References to actual cases
The following are two typical cases of overdue delivery in recent times:
| Case | Calculation method of liquidated damages | Amount of compensation |
|---|---|---|
| A property in a provincial capital city has been overdue for 30 days | Calculated by 5% of a day | The total price of the house purchase is 1.2 million yuan, and the compensation is 18,000 yuan. |
| A third-tier city property is overdue for 60 days | Three percent of the day in the first 30 days, five percent of the day in the next 30 days | The total purchase price is 800,000 yuan, and the compensation is 14,400 yuan. |
4. How do home buyers protect their rights?
1.Check the terms of the contract: First, check the contract liability agreement on the breach of contract for late delivery of the house.
2.Negotiate with the developer: Request the developer to compensate as agreed by written or verbally.
3.Complaint to the regulatory authorities: If the negotiation fails, you can file a complaint with the local housing and construction department or consumer association.
4.File a lawsuit: Compensation can be claimed through legal means if necessary.
5. Things to note
1. Home buyers must keep evidence such as home purchase contract, payment voucher and other evidence.
2. If the developer is overdue due to force majeure (such as natural disasters), he may be exempted from some liability.
3. Some local regulations have provisions on the upper limit of liquidated damages and need to be judged in combination with local policies.
In short, the calculation of the penalty for house delivery must be based on the contract. Home buyers should understand the relevant terms in advance and protect their rights and interests through legal means if necessary. If you encounter similar problems, it is recommended to consult a professional attorney for more precise help.
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