[Direct answer]In the Beijing area, if developers delay the delivery of housing to a certain extent, buyers can claim to rescind the sales contract for commercial housing, but this does not apply to just a few days of delay. First, we need to look at the contract provisions: If the contract clearly stipulates the conditions for rescinding the contract due to late delivery, such as exceeding a certain number of days of delay or failing to deliver within the grace period, the buyer can exercise the right of rescission based on this; if the contract does not stipulate this or the stipulations are unclear, it is necessary to judge according to the statutory rules. Generally, the delay must reach the level of a fundamental breach of contract, that is, resulting in the failure to achieve the purpose of the contract. In practice, it is usually judged based on a long delay in delivery, the long-term inability to deliver the house, or the actual suspension of the project. Secondly, we need to pay attention to the exercise period: The right of rescission should be exercised within a reasonable period from the date when the buyer knows or should have known the grounds for rescission. Exercising the right of rescission too late may be deemed as the right of rescission being extinguished or not being supported. Article 563 of the Civil Code of the People's Republic of China (effective from January 1, 2021) stipulates the statutory circumstances for rescission, Article 565 stipulates the exercise period and notice requirements for the right of rescission, and Article 566 stipulates that the contract is rescinded when the notice of rescission reaches the other party. Practical advice is to immediately notify the developer in writing after discovering the delay and exercise the right of rescission within the agreed period, rather than waiting passively.Property sales and construction projectsThe services in this column can help determine whether the conditions for termination have been met.

I. Problem Background and Typical Scenarios

Common situations include: the contract stipulates a 90-day grace period, but the buyer still fails to take delivery after the grace period has expired; the project has been suspended for several months or the construction has stalled; the developer requires the buyer to sign a supplementary extension agreement; the buyer wants to withdraw from the contract because they have been unable to receive the house for a long time; the mortgage has been approved, but the buyer cannot take delivery of the house, leading to repayment pressure.Business and contract disputes in enterprisesThe analysis of contract termination in the column can be used for reference.

II. Key points of contention

Focus One: The order of application of contractual provisions and statutory rules. Focus Two: Substantive judgment of the degree of default. Focus Three: The time limit for exercising the right of rescission. Focus Four: The form and effectiveness of the notice of rescission. Focus Five: The handling of the paid purchase price and loans. Focus Six: The scope of the developer's liability after rescission.Special services and other casesThe program instructions in the column can be referred to for reference. Focus 7: How to calculate the exact number of days of overdue payment, and whether the amendment to the delivery deadline in the supplementary agreement is effective.

III. Professional analysis by Henglue Law Firm

Take a housing sales contract dispute represented by lawyers Xue Suhua and Wang Dong of our firm as an example: The buyer signed a commercial housing sales contract with a certain company, paid the down payment and the second installment in succession, and used the remaining part to apply for a mortgage loan. The developer failed to deliver the house on time and the delay exceeded 120 days. The buyer requested to rescind the contract and return the purchase price. The key points of the agency work are twofold: Firstly, accurately calculate the number of days of delay and compare it with the contractual conditions for rescission to confirm whether the right of rescission has been exercised; Secondly, sort out the payment receipts and loan materials simultaneously to prepare a complete evidence base for the claims of returning the purchase price and settling the loan. The court ultimately supported the request for rescission of the contract and return of the purchase price. This path shows that the first step in protecting rights in the event of delayed delivery is to clarify the time nodes, as the establishment of the right of rescission directly depends on the extent of the delay and the contractual provisions.Real estate transactions and construction projectsThe calculation of deadlines in this column can be supplemented. This case is handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, check the delivery date and termination conditions stipulated in the contract; Second, continuously collect evidence of the project's construction and suspension status; Third, immediately send a written notice of termination after the conditions for termination are met; Fourth, promptly claim the return of the paid amounts and settlement of the loan after the notice is sent; Fifth, evaluate whether it is necessary to apply for property preservation; Sixth, retain proof of notice delivery. Legal basis: Articles 563, 565, 566, 577, and 587 of the Civil Code of the People's Republic of China (effective January 1, 2021); the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts; Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, whether the right of rescission is exercised depends entirely on the contractual provisions and the degree of default. We should first review the contract terms before discussing how to protect our rights. Secondly, the notice of rescission must clearly state the intention to rescind the contract. Vague expressions may be regarded as a reminder to perform the obligation. Thirdly, the exercise period cannot be ignored. Delaying it may be deemed as the right of rescission being extinguished. Fourthly, the loan contract usually needs to be handled together with other matters, and attention should be paid to the coordination with the bank. Fifthly, in litigation, it is necessary to assess the developer's repayment ability and consider property preservation. Sixthly, do not continue to accept the delivery without issuing a notice of rescission, as this may easily lead to procedural ambiguity.\nFinancial capital and cross-border transactions involving foreign entitiesThe asset verification approach in the column can be used as a reference for further study.

VI. Frequently Asked Questions

Q1: How long after the due date for handover of the house can I request a refund for the deposit?

First, let's look at the contract provisions. If the contract clearly stipulates that if the delivery of the house is delayed beyond a certain number of days or the grace period expires without delivery, the buyer can rescind the contract based on this, which is the most direct basis for judgment. If the contract does not stipulate or the stipulations are unclear, it is necessary to judge according to the statutory rules. Generally, it requires that the delay reaches the level of fundamental breach of contract, that is, the contractual purpose cannot be achieved. In practice, it is usually judged by the length of the delay and the substantial suspension of the project. It should be noted that the situation of different projects varies greatly. It is recommended to first check the specific provisions of your own contract and then evaluate it in combination with the actual situation of the project.

Q2: Can I terminate the contract directly after the grace period has passed?

It also depends on whether the house has still not been delivered after the grace period expires. If the developer completes the delivery after the grace period ends, the condition for termination will no longer be met. If the delivery is still not completed, the buyer may exercise the right of termination according to the contract, but should express the intention to terminate the contract in writing. The contract will be terminated after the notice is delivered. If the buyer only requests a refund from the developer by phone or in a chat without explicitly terminating the contract, it may be regarded as a reminder rather than an expression of intent to terminate the contract, thus leading to procedural risks.

Q3: How should a dismissal notice be written to be legally binding?

The notice of termination shall contain three elements: a clear expression of the intention to terminate the contract, an explanation of the facts and reasons for the termination, and an indication of the effective time of the termination. The language used in the notice should be clear and unambiguous, such as "the contract shall be terminated from the date this notice is delivered", to avoid using vague expressions like "suggesting negotiation" or "requesting consideration", which might be interpreted as a reminder rather than a notice of termination. As for the delivery method, it is recommended to use a verifiable method. For direct delivery, keep a record of the sign-for-receipt; for mailing, keep the mailing receipt and sign-for-receipt information. At the same time, send the notice via email or instant messaging tools and take screenshots to preserve the evidence. Once the notice is delivered, the contract shall be terminated immediately. It is necessary to simultaneously put forward specific requests and deadlines for the return of the housing payment to avoid a stalemate after the termination of the contract.

Q4: When can I get back the down payment after the mortgage is lifted?

It depends on two paths: negotiation and litigation. For negotiation, the efficiency depends on the developer's willingness to cooperate and their financial situation; for litigation, the court's judgment will usually specify the deadline and responsibilities for returning the paid housing money, and the buyer can apply for forced execution if the deadline is exceeded. It's particularly important to note that even if the court's judgment is in favor of the buyer, the actual recovery of the money still depends on the developer's repayment ability. Therefore, it is recommended to simultaneously evaluate the developer's asset situation and apply for property preservation during the litigation stage. Additionally, if the purchase involves a bank loan, the return of the housing money and the settlement of the loan need to be handled together. It is recommended to communicate with the bank in advance to avoid funding shortages.

Q5: How is the interest calculated after the contract is terminated?

It is possible to claim interest on the funds occupied. In practice, interest is usually claimed based on the paid housing price according to the statutory standard; if the contract stipulates a breach of contract penalty, the breach of contract penalty can also be claimed. However, attention should be paid to avoid double counting when calculating the relationship between the breach of contract penalty and the compensation for losses. In judicial practice, excessive breach of contract penalties will be reduced in accordance with the law. It is recommended to list the principal, interest, and breach of contract penalty separately in the litigation request and explain the calculation method, while keeping the bank transfer receipts and interest calculation tables, so that the claim can be verifiable.Real estate transactions and construction projectsThe column can also provide instructions for requesting a design.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Tian Jiaoyan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.