Our news (reporter Wang Wei) CCTV host Zhao Pu, on the grounds that the developer was overdue for 212 days in processing the house ownership certificate, filed a lawsuit against Beijing Zhongji Hongda Real Estate Development Co., Ltd. This morning, Xuanwu Court made a first-instance judgment to reject Zhao Pu's claim.
CCTV host Zhao Pu is an owner of the Zhuque Gate community in Xuanwu District. Last year, he filed a lawsuit because the property management did not disclose the income from advertisements in the community. This year, he sued the developer.
Zhao Pu claimed that in September 2006, he signed a pre-sale contract for commercial housing with Beijing Zhongji Hongda Real Estate Development Co., Ltd. to purchase a house in the Zhuque Gate community. The contract stipulated that the developer should deliver the house by December 31, 2006, and within 720 days after delivery, provide the house ownership certificate. A penalty would be required if it was delivered late.
After signing the contract, Zhao Pu paid the full price of the house. By July 22, 2009, he finally obtained the house ownership certificate, which was already overdue by 212 days.
Zhao Pu stated that due to the responsibility of the developer, he obtained the property certificate late, and the developer should pay the penalty. After multiple requests and even hiring a lawyer to send a letter, the developer still did not pay, so he filed a lawsuit in court demanding the developer to pay nearly 400,000 yuan in penalties.
The developer argued that in 2007 and 2008, the Municipal Construction Commission issued two notification documents, resulting in policy adjustments that led to the delay in processing the property certificate, which was not their fault, and they should not bear the liability for breach of contract.
The court believed that the document issued by the Beijing Municipal Construction Commission in 2007, "Notice on Issues Regarding House Ownership Registration Area", was the reason why the developer could not conduct the building measurement, thereby affecting the processing of the ownership transfer registration for the owner Zhao Pu.
The developer failed to complete the ownership registration and ownership transfer registration within the time agreed in the contract due to the adjustment of policies by relevant government departments, which was unforeseeable and constituted force majeure, and it could not be determined that there was intentional delay subjectively.
After the Beijing Municipal Construction Commission readjusted the policy, the developer completed the initial registration of the building within a reasonable period and processed the house ownership certificate for Zhao Pu. This action did not affect Zhao Pu's actual residence and normal use of the house.
Therefore, Zhao Pu's request for the developer to pay the penalty for the delayed initial registration and transfer registration was not supported by the court, and the court rejected all of Zhao Pu's claims.