Then, is the epidemic period a force majeure factor for housing enterprises to delay delivery? How long is the delay in delivery considered a reasonable range? Housing enterprises can postpone delivery. Can the owner check out or cut off the mortgage? With many questions that the owners don't understand, the reporter visited the people in the provincial capital-
Many famous enterprises in the market delayed the delivery of houses.
Taiyuan property market is returning to normal production and sales order. At the same time, the owners who bought faster houses in the last three years have recently received the notice of "deferred delivery" from the housing enterprises.
Last week, Mr. Zhang, a citizen of the provincial capital, received the Notice of Force Majeure from Taiyuan Garden City Real Estate Development Company. The commercial house purchased by Mr. Zhang should have been delivered on August 30 this year, but the "Notice" just received said that the epidemic was a force majeure factor and the project construction progress could not be carried out as originally planned. The commodity house cannot be delivered on schedule. Regarding the delivery of the commodity house, the housing enterprise will write to you separately according to the epidemic control and the actual situation of returning to work.
At the end of 2065438+2008, Mr. Wang, who bought an auction house in China Resources Kunlun, recently received a notice that due to the epidemic, the delivery date may be postponed. The Notice sorts out the official documents on epidemic control issued by the state and local governments. Housing enterprises said that due to various reasons such as traffic, workers' rework and epidemic prevention, and lack of building materials, the progress of the whole project has changed and the delivery time of the project may be postponed. The specific delivery time shall be subject to the occupancy notice issued by the real estate enterprise to the owner, and the time limit for property right registration shall be postponed accordingly.
The owner of R&F City, whose house is under construction, has also received a notice from the developer about the delay in delivery due to the COVID-19 epidemic. The reasons for the delay are the same as those of the above two projects. R&F said in the notice that after the conditions for returning to work are met, the company will coordinate the resources of all parties to minimize the impact of the epidemic on delivery time.
According to the 3-year delivery cycle of the commercial housing auction project, the auction project sold in the provincial capital on 20 17-20 19 was in the construction period last winter and this spring, and the construction site was shut down, so the workers could not return to work for a long time, which really affected the project progress.
Judging from the announced deferred delivery project, it involves most housing enterprise brands in the city. Most owners understand the delay in delivery, but how long is the delay, which is what most owners want to know.
B. When the contract is performed, the owner's delay in returning the house is a breach of contract.
There are also a few owners who have consulted: due to force majeure, can the owners ask to return a house? After interviewing several developers, Shanxi Evening News learned that because the epidemic situation constitutes force majeure in law, that is, both parties can be exempted from corresponding responsibilities, but it does not constitute a breach of contract, and buyers cannot ask to terminate the contract.
Ms. Liang, a citizen of Taiyuan, consulted: "Before the outbreak, I paid a deposit at the developer and made an appointment to sign a formal contract. However, under the influence of the epidemic, the contract could not be signed for more than a month. The sales office is closed, so you can't pay the down payment by credit card or sign a contract. After more than a month, the sales office opened and everything can be handled. But I found that the price of the house resold by the sales office has dropped. Can I apply for check-out and refund the deposit in this case? "
The lawyer interviewed by Shanxi Evening News said that it was a breach of contract for Ms. Liang to return the house and refund the deposit. Force majeure factors of epidemic situation only affect the performance time of buyers and sellers, and both parties to the contract can only postpone the performance time of their respective related obligations, including handling loan procedures, delivering houses and signing contracts. , but it cannot be used as an excuse to cancel the appointment contract and return the deposit. Owners can return a house for reasonable and legal hard-core reasons, such as real estate enterprises promise to return a house without reason when selling houses; Or there are serious quality and irregularities in the project, which is in line with the check-out scope stipulated by law.
For borrowers who have already started repayment, they cannot stop payment unless there are special circumstances. Many citizens have seen in the news that in many cities across the country, due to the epidemic affecting the income of borrowers, some banks have indicated that they have handled deferred repayment business according to regulations. However, according to the Shanxi Evening News reporter, there is no such policy in Taiyuan at present. The epidemic situation has not affected the bank mortgage loan, and there are no special reasons, such as supporting the anti-epidemic medical staff to delay the repayment time under special circumstances. Bankers said that unless the bank has special notice, the buyer can't cut off the supply or delay the repayment.
In addition, buyers also need to pay attention to whether the epidemic development has a substantial impact on the project progress, which is an important basis for developers to obtain exemption. There is no direct causal relationship between the epidemic situation and the developer's delay in performing the contract. If the construction project of the building has been completed before the outbreak, in fact, the epidemic has no impact on the progress of the building project, so the developer cannot advocate taking the epidemic as an exemption for delaying the delivery of the house.
Owners who delay repossession need to inspect the house carefully.
After a series of force majeure factors lead to the delay of delivery, it is inevitable that some owners are eager to accept the house. At this time, the owner should pay more attention to the inspection of the house. Pay attention to the construction progress and house quality. After the construction period is delayed due to the epidemic, individual developers also want to hand over the work as soon as possible and make a good plan with the contractor. If the quality is not taken into account in the rush plan, it may bury hidden dangers of housing quality problems.
Developers should strictly abide by the norms, and can't just let the owners decorate with the keys. Professionals say that owners should be more careful when collecting houses. Developers need to show the corresponding documents and sign the house handover form.
In order to catch up with the construction period, the biggest hidden danger of commercial housing delivery lies in the quality of construction and decoration. After the owner accepts the house, if he is worried about the quality of the house, he can ask a professional house inspector to inspect the house to see if the wall is empty, whether there are obvious cracks and whether there are obvious vertical phenomena. Before the renovation, it is necessary to suppress whether the water, electricity and heating pipes are in good condition and whether there is water leakage. Whether the readings of water, electricity and gas meters are zero. If any of the above problems occur, it is necessary to register them so that developers can rectify them in time.
All parts and components of the house, especially the finely decorated house, and all supporting equipment have strict compliance standards and warranty periods, which should be reflected in the contract and implemented with reference to relevant industry norms or standards. Owners should not rush to sign before the acceptance of the house is completed, but should ensure that there is no problem with the quality of the main structure and important parts of the house before signing.
It should be noted that the owner's signature on the delivery book agrees to repossess the building, which is equivalent to agreeing that the quality of the house is qualified, and then encountering major quality problems, the rights protection is relatively passive. For minor decoration defects, the property and customer service of brand housing enterprises will be responsible for free maintenance.
D "Force Majeure" has a reasonable delay in delivery.
Although all developers have informed the owners of the risks of delaying the delivery of commercial housing, the extension period is not clear. Tian Yuan, a lawyer of Taiyuan Allen Law Firm, said in an interview with the Shanxi Evening News reporter that the COVID-19 epidemic was indeed force majeure, but the extension period of house delivery was not extended indefinitely.
According to Article 180 of General Principles of Civil Law and Article 1 17 of Contract Law, the epidemic situation in COVID-19 can be characterized as "force majeure", and the developer can claim to be exempted from the liability for breach of contract according to the actual situation. The liability for breach of contract here includes shutdown due to epidemic situation, inability of workers to rework due to epidemic prevention regulations, and lack of building materials due to poor traffic.
But at the same time, the extension of "force majeure" is conditional, and both parties to the contract need to comprehensively consider the signing time of the house sales contract, the time of the epidemic and various reasons for overdue delivery.
Lawyer Tian said that in the definition of specific time limit, the developer's delay in delivery of commercial housing should not exceed the duration of "force majeure". For the specific time, please refer to the time when the local government started and lifted the emergency response to public health emergencies. It is unreasonable for the developer to delay the delivery of the house for half a year or even longer because of the completion of the delivery process such as site shutdown, delayed acceptance and pipe network connection.
Some owners also said, "We haven't received the notice from the developer to postpone the delivery. In this case, is the developer who postponed the delivery also exempt? " The Shanxi Evening News reporter was informed that if the development enterprise fails to provide proof of the impact of the epidemic and fails to notify the buyers in time, this situation cannot be excused and it needs to bear the fault responsibility.
Because the Contract Law stipulates the notice and proof of force majeure, if one party fails to perform the contract due to force majeure, it shall notify the other party in time to reduce the possible losses to the other party, and shall provide proof within a reasonable period of time. If the owner does not receive any form of notice, he reserves the right to hold the developer partially responsible.
In another case, the owner signs a house purchase contract after the outbreak, and the developer needs to inform the influence of force majeure factors on the progress of the project at the same time when signing the contract, and shall not postpone the delivery of the house on the grounds of force majeure. For the purchase contract signed after the epidemic or the existing house purchased after the epidemic, the developer fully understands the impact of the epidemic on the project node, and there is no reason to exempt the house from responsibility based on force majeure when handing over the house.
During the interview, several project leaders said that although the epidemic situation was force majeure and delivery delay was inevitable, the extension of construction period and delivery delay had a great impact on the capital occupation and project turnover of housing enterprises.
Therefore, as long as there are conditions, housing enterprises will resume work as soon as possible and hand over the house in advance. The Shanxi Evening News reporter learned that at present, many large-scale new projects in Taiyuan have resumed work in an orderly manner, and whether the delivery will be delayed in the end depends on the progress of the projects promoted by various housing enterprises.
An industry insider said that housing enterprises are reluctant to specify the extension time in the notice of extension of delivery, mainly because it is still uncertain which factors will affect the progress of the construction period during the epidemic.