What should I do if the developer breaches the contract? The latest rights protection guide and hot case analysis
Recently, developers in many places have frequently experienced defaults such as delayed delivery, false advertising, and substandard quality, triggering a large number of home buyers to defend their rights. This article will provide structured data analysis and practical rights protection suggestions based on hot cases across the Internet in the past 10 days.
1. Statistics on hot default events by developers in the past 10 days
| event type | area | Involving real estate | Main questions |
|---|---|---|---|
| Delayed delivery | Zhengzhou, Henan | XX International City | If the delivery is not delivered 2 years overdue, the construction site will be suspended. |
| False propaganda | Nanjing, Jiangsu | XX Yujingwan | The school district failed to fulfill its promise, and the owners complained collectively |
| quality defect | Shenzhen, Guangdong | XX coast | Finely decorated room leaks, wall cracks |
| Contract disputes | Chengdu, Sichuan | XX Yunting | Unauthorized changes to the plan to reduce the green area |
2. Common breaches of contract by developers and their legal basis
According to the Civil Code and the Measures for the Administration of Sales of Commercial Housing, developers’ defaults are mainly divided into the following types:
| Default type | Legal terms | Basis for rights protection |
|---|---|---|
| Late delivery | Article 577 of the Civil Code | Can demand liquidated damages or terminate the contract |
| false advertising | Article 56 of the Advertising Law | Can claim for check-out or compensation |
| Unsatisfactory quality | Article 40 of the Regulations on Quality Management of Construction Projects | Need to be repaired or compensated free of charge |
3. Steps to protect the rights of home buyers
1.evidence fixed: Save contracts, promotional materials, communication records, etc.;
2.Negotiation and communication: Clarify demands through written correspondence;
3.Administrative complaints: Report to the Housing and Urban-Rural Development Bureau and the Market Supervision Bureau;
4.Judicial approach: Sue to court and apply for property preservation if necessary.
4. Enlightenment from hot cases
Taking Zhengzhou XX International City as an example, more than 200 owners jointly hired lawyers, media exposure, government coordination and other combinations to finally get the developer to promise to resume work before June 2024. Things to note in such cases:
5. Special reminder
In 2023, many places will introduce "guaranteed delivery" policies. Home buyers can pay attention to:
- Utilization of special borrowings by local governments
- Developer’s fund supervision account balance
- Announcement of monthly project progress reports
If the developer breaches the contract, it is recommended to initiate legal proceedings immediately. If the statute of limitations exceeds 3 years, the right to win the lawsuit may be lost. If you need help, you can call the 12348 legal aid hotline for consultation.
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