"Huizhou Rule of Law Time" developer overdue the court's mediation resolution dispute

"Walking with the law, building the rule of law in Huizhou", welcome to "Huizhou Rule of Law Time". In life, it is not uncommon for developers to delay intersection. Especially under the epidemic, whether the force majeure can become an exemption gold medal. In the event of a delayed diplomatic building, how consumers should defend their rights.

Beginning in 2019, an owner and a developer in Danshui Street in Huiyang District signed a house purchase agreement to purchase real estate. According to the contract, the developer should have been delivered on October 30, 2021. However, the developer did not fulfill as scheduled, and there was a delayed submission. Therefore, some owners began to sue to the court and asked the developer to bear the breach of contract to breach contracts. responsibility.

Judge Shi Wei of the People's Court of Huiyang District: Because there are not many liquidated damages in this case, the liquidated damages of each case are about 10,000 to 20,000 yuan. Essence Then we communicated and negotiated with both parties, and found that both of them wanted to mediate to resolve this dispute. There is no need to pass the lawsuit. The wishes of the parties actively contacted the parties to mediate.

Before and after, there were more than 160 owners who came to the court because of the same cause. After preliminary communication and judgment, the judge decided to start with the mediation.

Li Weimin, a mediator of the People's Court of Huiyang District: At the beginning, the plaintiff came in batches in batches. When we started to accept it, we felt that it was necessary to deal with them in time and digest these contradictions, so we adopted the online model. Later, when we saw that this case was more and more, we adopted the offline model, and they recommended the owner's representative to dock.

Both parties have a strong willingness to mediate, and with the representatives of the owner, the mediation work can be carried out in an orderly manner. However, things are not smooth sailing. On the one hand, when the date of delivery is agreed, the developer has issued a explanation that it is due to the extension of the house due to the epidemic. During the mediation process, it was found that the calculation of the overdue date also had problems.

Judge Shi Wei of the People's Court of Huiyang District: The condition of the delivery of the house found a problem, the planning permit of the house, the building area of ​​the house is not eligible, and the owner has notified the owner to pay the house without meeting the conditions of the house. The delivery conditions of this house have not been achieved, and the delivery conditions are required after being recorded by the Housing Management Bureau.

In other words, after the deadline, the developer notified the owner to close the house, and the house did not meet the delivery conditions. The developer went through the procedures and met the delivery conditions. It was the real overdue time.

Judge Shi Wei of the Court of Council in Huiyang District: According to the summary of the opinions of the two parties, a preliminary mediation plan was determined, and one time was determined to call the parties in the mediation room for mediation. After one afternoon, the two parties discussed fiercely, and finally reached a mediation agreement to compensate for a 97 -day liquidated damage. The delivery method was half deducting the property fee, and half of it was paid through bank transfer.

At the same time, according to the content of the agreement, the owner performed judicial confirmation in the court and issued a civil ruling by the court, that is, once the developer fails to fulfill its obligations in accordance with the content of the agreement in the future, the owners can apply directly to the court for enforcement. You need to pass the proceedings.

Judge Shi Wei of the People's Court of Huiyang District: Through this professional mediation plus judicial confirmation of this model, first help the parties to reduce complaints, save the cost of litigation, and can mediate disputes faster; on the other hand, for our court, it has reduced it. A large number of lawsuits have entered the litigation procedure to achieve the organic unity of social effects and legal effects.

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