Autograph contract bought a house 2014, just receive the notice that make a room till 2017, later than contract agreement 1 year many; Card of conduction house property is adjourned again, the mouth is handed in to expend ability to give the key even when making a room, recently owner of part of village of international of sunshine of the county austral Ju to safeguard oneself rights and interests, tell development dealer to the court.
Village of international of sunshine of the county austral △ Ju
Business of the development after buying a house does not make a room tardy
In July 2014, fan Nv person bought a house in selling office of international of sunshine of the county austral Ju. According to contract agreement, development business must be before December 30, 2015 inform with the form of written announcement owner makes a room. But, till March 2017, fan Nv person just receives commodity house to make room advice note.
"The time that make a room compares a contract to agree time became late 1 year 3 months. Make us feel those who indissoluble is more, on the advice note making a room that issues in development business, even 10 thousand multivariate mouth cost. " Fan Nv person says, do not hand in cost to develop business not to make a room to the key, owner people can pay fee first only.
△ makes room advice note
According to the advice note making a room that sunshine international offers, when Fan Nv person needs to making a room, need to hand in the outfit at the beginning of digital TV to expend 250 yuan, form a complete set of construction of heat addition pipeline expends 4254 yuan, special form a complete set expends the heat addition inside red line of residential village program 3358 yuan, interface burning gas expends 2660 yuan, add up to 10 thousand multivariate.
Fan Nv person expresses, the delay that make a room, return collection 10 thousand multivariate mouth cost, this still does not calculate. Indicate on the contract, development business must handle all material of house property card completely at be being offerred before April 2016, but till 2019 sunshine international just presented house property evidence formally to owner (praedial authority card) formalities.
"Development business delay hands in room, defer to handle house property card, we have the right to find out penalty due to breach of contract. " Fan Nv person says, according to contract agreement, if did not press contract plan,sell a person time limit uses vendee of consign of this commodity house, exceed the time limit exceeds 30 days, betray a person to pay to vendee by day already delivery room money paid for something purchased or received for something sold extremely penalty due to breach of contract, development business needs to pay delay to reach room penalty due to breach of contract 97 thousand yuan to her, and defer handles penalty due to breach of contract of house property card 4000 yuan.
△ model lady is shown buy a room to open to booking a contract
The staff member says to make the item such as the room to delay not know the inside story
First floor of the county austral Ju dish website data shows, project of international of sunshine of the · austral Ju is located in south Ju the road in 10 coins grade and town reachs the county meeting place, cover an area of fifty-eight thousand eight hundred square metre, floor area 180 thousand square metre, in April 2014 open quotation, development business is 3 numerous groups of Shandong.
On June 25, the reporter handed in phone of room be related to consult sunshine international selling office with respect to sunshine international delay a staff member. This staff member expresses, group of project residence sale has left, at present sunshine international is being spread in distributors, they are not particularly clear to residential sale item. "Current, the project still remains the staff member that praedial authority card handles after one makes a room. The project still remains the staff member that praedial authority card handles after one makes a room..
The reporter calls this staff member that praedial card handles after making a room for owner subsequently, she expresses, she is not in charge of dealing with the formalities such as praedial authority, it is not clear to make the item such as the room to delay.
Consign of △ commodity house informs a book
Nevertheless, be in what Fan Nv person offers " commodity house consign informs a book " in, development business is mentioned " the time that staff member of my firm selling office opens to booking a contract to agree according to commodity house informs you give for many times make a room, you did not deal with the formalities that make a room to my company up to now, arrive please south Ju ' sunshine international ' matters concerned of consign of house of selling office conduction commodity.
Fan Nv person expresses, be in this in fact " commodity house consign informs a book " before be being handed in in owner hand, already many owner collective sued development business, developed business to just be issued so so a consign that does not accord with a fact informs a book, she receives telephone call of the announcement that make a room for the first time is to be by January 2017.
"Open to booking actually write on the contract obviously for nothing, after commodity house obtains consign use condition, sell a person ought to formalities of conduction consign of written announcement vendee, calm time is restricted more than more than 1 year in the contract, I just take the written advice note that make a room. " Fan Nv person says.
Law hands in the problem of break a contact such as the room to have a regulation early to delay
As we have learned, law hands in a room to compensate for penalty due to breach of contract to have a regulation early to delay. Applied 2003 " top people court about hearing case of dispute of contract of commodity house business applicable law the explanation of a certain number of problems " the seventeenth regulation, contract of commodity house business does not have amount of conventional penalty due to breach of contract or method of calculation of loss compensation specified amount, amount of penalty due to breach of contract or loss compensation specified amount can consult to allow to decide with suffix:
Exceed the time limit pays, according to outstanding total of the money that buy a house, consult orgnaization plan receives the finance that Chinese people bank provides the standard computation of interest of loan of exceed the time limit.
Delayed delivery uses a building, during using a building according to delayed delivery, about the director the branch is announced or qualified estate evaluates orgnaization assess with a sector of an area standard of congener building hire decides.
Handle praedial authority card to defer, " top people court about hearing case of dispute of contract of commodity house business applicable law the explanation of a certain number of problems " the 18th regulation: Because betray the person's cause, vendee fails to obtain building right to belong to certificate in following deadline at the expiration of one's term of office, outside having special agreement except party, betray a person to ought to undertake responsibility of breach of contract.
Occupy Fan Nv person to introduce, close right increase to strive for oneself, the owner such as Fan Nv person hands in room, defer to deal with house property to already was sued card to local court with respect to sunshine international delay.
"To safeguard rights and interests, owner collective sues development business the court, lawsuit hit 1 year many. Current, partial owner has reconciled with development business, still about 15 owner still hope to solve delay to make the issue such as the room through legal approach now. " Fan Nv person says.
Face reporter of intermediary signing up for be in harmony
