If a developer delays delivery or title registration, send a written demand and keep proof, then claim contractual damages
If a developer delivers late, first send a written demand. If delivery still has not occurred within 3 months, you may terminate the purchase contract. If no contractual penalty is set, the developer compensates you based on rent for comparable homes in the same area. If its fault prevents you obtaining title, it also owes compensation; a delay exceeding 1 year after the registration deadline can also allow termination. If the developer asks you to decide, act within 3 months; otherwise decide within 1 year of learning you can terminate.
No charge. Write a demand, send it by courier and keep a c…
The Supreme People’s Court interpretation provides that if the developer still fails to deliver within 3 month…
No charge. Write a demand, send it by courier and keep a copy. Returning the home or claiming compensation will usually require litigation.
The Supreme People’s Court interpretation provides that if the developer still fails to deliver within 3 months after your demand, you may terminate the contract unless the contract provides otherwise. This right expires: if the developer demands a decision, decide within 3 months; if not, exercise it within 1 year from when you knew or should have known termination was available. If neither a penalty nor a compensation method was agreed, delay compensation is calculated using the rent for comparable homes in the same area during the delay. If the developer’s fault prevents title issuance by the applicable deadline, the developer bears breach liability. The deadlines are: the contractual title deadline; 90 days after delivery for a presale home; or 90 days after signing for a completed home. Without an agreed penalty, compensation uses the total purchase money you have paid and the People’s Bank of China’s overdue-loan interest standard. If registration remains impossible through the developer’s fault more than 1 year beyond the deadline, you may terminate and demand compensation. If an agreed penalty is excessive and the developer asks for reduction, the court adjusts using the benchmark of exceeding actual losses by 30%.
最高人民法院 (2020 修正). 关于审理商品房买卖合同纠纷案件适用法律若干问题的解释(第十一、十二、十三、十四、十五、二十、二十一条). https://www.court.gov.cn/fabu/xiangqing/282621.html;全国人大 (2020). 民法典(第五百六十三条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
Open source linkSend the written demand by courier to the developer’s contractual address; keep the dispatch receipt and delivery record. The judicial interpretation requires a demand but specifies no form; writing and courier delivery are the author’s practical suggestion. If late-delivery damages are agreed in the contract, calculate them under that provision first. When the sale is terminated, the mortgage contract may also be terminated. The developer must return the loan money to the bank and your purchase money with interest to you. If it refuses, you must sue. Ordinary first-instance proceedings must be concluded within 6 months under the rules, with extensions permitted; you usually pay your own lawyer. Site editorial note: The one-year period for exercising the termination right under Article 11 of the judicial interpretation runs from the date the entitled party knew or should have known of the grounds for termination. Original judicial interpretation