Dezhou City Mr. Minma reported to our reporter through the Qilu One Point "Information Station" that in October 2015, he bought a shop in the underground square of LePahui railway station. According to the contract, the delivery date is December 31, 2018. But so far, the developer has not only not delivered the house, but has also not paid the liquidated damages according to the contract.
"The shop has been postponed for more than 4 months, and the penalty for liquidated damages cannot be discussed."
Mr. Ma introduced that in October 2015, he spent more than 300,000 yuan to purchase a shop in Le Parkway Plaza, Texas for investment. He delivered the full house payment according to the contract. The normal delivery date is December 31, 2018. The shop can be used by itself or entrusted the developer to rent it uniformly. The owner will collect rent. If the house cannot be delivered normally, compensation will be made for breach of contract.
"At that time, we agreed with the developer that if the house cannot be delivered on time, the liquidated damages will be compensated, or the developer will withdraw part of the management fee according to the external leasing method and return the remaining rent to the owner." Mr. Ma said, but as of now, it has been more than 4 months since the contract has been breached. Not only has the developer not paid the house on time, but the liquidated damages are even more unavailable.
Mr. Ma told reporters that they have more than 30 owners in total. They have been negotiating with the developer since the New Year. However, the developer told the owner that due to planning reasons, it was impossible to deliver the house normally. In addition, in March this year, the developer convened several owners, including Mr. Ma, and requested to sign a temporary agreement. The agreement stipulates that the breach of contract clauses of the original contract will be invalidated and will be returned to the owner every month according to the amount of house payment paid by the owner and bank interest.
"However, we think this agreement is unreasonable at all and has not signed it." Mr. Ma said that the house payment of more than 300,000 yuan is not a small amount, and many of our owners use it themselves, delaying normal business, which is also a considerable loss.
"Our biggest demand now is to hand over the house quickly and pay the full penalty."
The specific delivery date is not determined. I want to use bank interest to compensate
Why delay the delivery of the house? Where does supplementary protocol come from? In response to the owner's demands, according to the information provided by Mr. Ma, the reporter contacted the sales staff of LePaihui Plaza in Texas at that time. According to the sales staff, the reason for the delay in handover was that the Texas Railway Station was relocated late, which caused LePaihui Plaza to be unable to open normally.
"Our contract also states that when encountering special reasons, the seller can postpone the delivery of the house." The staff member said that the special reasons include government planning, etc. At the same time, we also explained the reasons for postponement of the delivery of the house to the owners.
"The source of the supplementary agreement is to compensate the owners who postponed delivery of the house according to the interest on depositing money in the bank." The staff member said that they were not sure about the specific delivery date.
Regarding the explanation of the house sales staff, the reporter contacted the Dezhou Civil Defense Office. According to a staff member of the Engineering Management Office, Dezhou LePaihui Underground Shopping Mall is an industry independently developed by Dongsheng Real Estate Co., Ltd., and they do not understand the specific situation and have no right to interfere in the operation.
"We have also supervised the problem of their slow project progress." The staff member said that, however, Dongsheng Real Estate Co., Ltd. replaced several persons in charge, and the progress of things was relatively slow.
In response to this, the reporter contacted Lawyer Tan of Shandong Guangjing Law Firm. Lawyer Tan suggested that the buyer and seller should be subject to the provisions of the contract. If the contract has been clearly stated and the house cannot be delivered due to special reasons, relevant documents need to be issued. Both parties can negotiate to resolve the problem. If the owner has objections to the negotiation, he can appeal according to law and take legal means.
When will the house be delivered in the Texas Le Parkway underground square? Qilu One Point reporters will continue to pay attention to Qilu Evening News.
(Qilu Evening News Qilu One Point Reporter Wang Jingang)
