Because the owners and lawyer Lai feel that it is better for the lawyers of the judicial office to analyze this legal relationship for everyone. Therefore, Mr. Xu's analysis is more important, and he and the owner's representatives began to analyze after greeting, "Regarding the legal responsibility for delaying the handling of the property right certificate, in our real estate, the responsibility is very obvious, because first of all, according to the contract, which owner's representative is invited to take out the contract, I will explain to you in accordance with the provisions of the contract." Lawyer Lai took the copy of the contract in his hand to Lawyer Xu, and Lawyer Xu opened the contract, "Representatives of the owners, please see the liability for breach of contract for postponement of the certificate stipulated in Article 22 of the contract: 'If the seller fails to perform the relevant obligations and the buyer is unable to obtain the "Real Estate Certificate" within the agreed time limit, the seller shall pay the buyer liquidated damages equal to 3/10,000 of the total price of the real estate on a daily basis from the 180th day after the date of delivery of the real estate. If the extension of time reaches 120 days, the buyer has the right to terminate the contract within six months from the date of expiration of the 120 days. If the buyer terminates the contract, the seller shall, within 10 days from the date of the arrival of the notice of termination of the contract by the buyer, refund the purchase price paid by the buyer and pay the interest calculated according to the loan interest rate for the same period announced by the People's Bank of China, and at the same time pay liquidated damages to the buyer at the rate of 10% of the total price of the real estate. If the buyer requests to continue to perform the contract, the contract shall continue to be performed, and the seller shall pay the buyer liquidated damages equal to 4/10,000 of the total price of the real estate on a daily basis from the 300th day after the date of delivery of the real estate to the date when the buyer actually obtains the real estate certificate. That is, after the owner has paid the house payment on time, the developer must apply for the property right certificate for the owner in accordance with the regulations, and if it is not handled, it is a breach of contract. In the process of performing this contract, we have also carefully checked in the previous adjustments, and basically there are no owners who have breached the contract, and each of them has paid in full and in a timely manner in accordance with the contract, which means that the owners have fulfilled the contract, so the developer has not fulfilled its obligation to apply for a license. Now there is no breach of contract to 120 days, and in my opinion, you will not choose to terminate the contract, so the owner hopes that the first thing the developer needs to do is to apply for the property right certificate for the owners, but now because the land has not been decompressed, it is impossible to apply for the property right certificate, so the developer must go to the decompression, and the decompression will give money to contact the land to decompress or replace the land with other equal property pledges, which is the problem of money that Director Liang said, this problem is more troublesome, even if the owners win the lawsuit in the court, Therefore, Lawyer Lai's advice to the owners is right, that is, we should first let the developer handle the real estate certificate as soon as possible, and when the real estate certificate is processed, the remaining thing is to pay liquidated damages, and the problem of losing money will be solved, and the court can directly seize and transfer money. Because the land pledge also involves the legal issues of a third party, that is, whether the developer owes the bank money, how much it owes, these are issues that cannot be determined without court trial, and the court cannot directly seize the developer's money to decompress the land before the court concludes the case. Therefore, as the owners, you are all intellectuals and highly educated, and you analyze and analyze whether this is the case from the perspective of the law. Therefore, the developer has the money to decompress is the key to the problem, you can wait until the developer handles the large property right certificate, and then go to the company to theorize that the liquidated damages are okay, because the statute of limitations has not been calculated before the developer has not handled the property rights, and you don't have to worry about the legal statute of limitations. From a legal point of view, the key point of this dispute is to apply for a real estate certificate, that is, the developer first pledges the land and then handles the large property right certificate, and then the owner can apply for his own property right certificate. This is my legal analysis on this issue, if you still don't understand anything, you can ask me questions. “

When the owners heard it, it was basically similar to Lawyer Lai's analysis, Lawyer Lai is still good, and he didn't hire the wrong lawyer, so he couldn't help but feel a little relieved. A property owner wearing a yellow T-shirt asked, "Lawyer Xu, what I want to ask is that the representative of the developer just said that we should give the owner a grace period of 6 months to apply for a certificate for me, so if we have a grace period, the time limit still needs to be discussed, is the period of this grace period not the developer not have to bear the liability for breach of contract?" Lawyer Xu smiled, "It's up to you, if you are willing to exempt the developer from the liability for damages, then the developer does not have to be liable for breach of contract, if you don't exempt, they will have to bear this responsibility, and the grace period of 6 months does not mean that you are exempted from the developer's liability for breach of contract for 6 months." ”

Lawyer Lai continued, "When we discussed this, I also repeatedly mentioned this issue to you, we have repeatedly mentioned this issue to you, we have limited the time limit for the developer to apply for the real estate certificate, which does not mean that we exempt the developer from the liability for breach of contract, if we want to exempt the other party from the liability for breach of contract, it must be stated clearly, clearly and without ambiguity, we have to say that Party A exempts Party B from what liability within what period, we will not give such an expression, so please rest assured." ”

Lawyer Xu affirmed, "What Lawyer Lai said makes sense, and that's it. To exempt the other party from liability for breach of contract, it must be clearly stated, clear and unambiguous, and you do not need to worry about this issue. If there is still such a doubt, it can be agreed in the mediation agreement reached by the two parties, that the owner has the right to claim liquidated damages in accordance with the provisions of the real estate sales contract, so that everyone does not have to worry about this. Speaking of this, every owner's representative breathed a sigh of relief, it seems that everyone is very concerned about this issue, Lawyer Lai glanced at Lawyer Xu gratefully, "Yes, we will add this article to the agreement, so that it is clearly stated that the owner does not waive the right to pursue liability for breach of contract, and there will be no more disputes." ”

Director Liang asked, "So, do you agree that you can give the developer a grace period of 3 months, and at least all the conditions that can allow the owner to apply for the property right certificate must be met within these three months." ”

Lawyer Lai affirmed, "Yes, the owner's claim is like this, and at least all the conditions that can be allowed for the owner to apply for the property right certificate must be met within three months, so that at least the owner can apply for the property right certificate by himself." ”

Director Liang said, "Okay, security, go and notify the representative of the developer to come in." ”

The security guard called the developer's representative in, and Director Liang asked Cheng Jingsong, "Mr. Cheng, how is it?" How did you discuss with your senior directors? The result of the negotiation here is that at least all the conditions that can allow the owner to apply for the title certificate must be met within three months, but the owner does not exempt you from liability for breach of contract. ”

Cheng Jingsong replied, "Oh, Director Liang, the company is really wholeheartedly solving this problem, go all out, I have discussed with Mr. Gao, and I will make every effort to solve this problem within three months, and please rest assured Director Liang." ”

Director Liang said, "That's good, Wu Qiang, you have to record these in detail in the minutes of the mediation meeting, okay, show the owner's representatives and the developer's representatives, after reading it, there is no opinion, everyone has to sign." In addition, please ask Wu Qiang to assist lawyer Lai, lawyer Xu and the company's lawyer to draft a mediation agreement together, our neighborhood committee and the street office are intermediary mediators, everyone has no opinion, and the mediation agreement will be signed and implemented together, Lawyer Lai, Mr. Cheng, what other opinions do you have? ”

Mr. Cheng said with a smile, "We have no opinion, Lawyer Wang, you, Lawyer Lai and Lawyer Xu will work together to make a draft of the mediation agreement, and when the draft is ready, show it to the government, the owner's representative and me, and if there is no opinion, we will sign this mediation agreement." Thank you so much, Director Liang, for your trouble. ”