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Back新北預售屋遲延交屋1238天 法院判建商賠3350萬
新北預售屋遲延交屋1238天 法院判建商賠3350萬
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自由时报56 minutes agoBusiness2 min readChina

新北預售屋遲延交屋1238天 法院判建商賠3350萬

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新北一名楊姓男子2017年購買泰坤建設新莊預售屋,原訂2023年1月18日交屋,卻拖至2026年仍未交屋,遲延1238天。法院判建商賠償3350萬3520元,計算方式為已付房款每日萬分之5,並認定疫情、審查等理由不足以免責,僅扣除4日颱風影響。

AI-generated summary

Why It Matters

預售屋交易中,買方常面臨建商遲延交屋的風險。契約通常會約定交屋期限及遲延責任,但實務上建商常以各種理由推延工期,導致買方權益受損。

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遇到建商遲延交屋時,第一步仍可先與建商協商,若無法解決,可尋求律師協助並寄發存證信函。(圖/取自GOOGLE街景)

預售屋買了卻遲遲等不到交屋,建商恐得付出高額違約金。新北一名楊姓男子2017年向泰坤建設實業購買新莊預售案「泰舍至善元」,原訂2023年1月18日前完成交屋,卻一路拖到2026年仍未交屋,遲延達1238天,最終遭新北地方法院判賠3350萬3520元,全案仍可上訴。

依雙方契約約定,建商原應於2022年6月30日前取得使用執照、2023年1月18日前完成交屋,但截至2026年6月9日仍未交屋,扣除不可歸責期間後,遲延達1238天。法院依預售屋買賣定型化契約,以買方已繳房地價款每日萬分之5計算遲延利息,楊男已繳5352萬元,1238天遲延交屋利息達3312萬8880元,加計使照遲延利息37萬4640元,建商合計應賠3350萬3520元,且法院認定每日萬分之5並無過高情形。

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對於建商主張疫情、行政審查、缺工缺料及颱風造成工期延宕,法院僅認定4日颱風影響可扣除,其餘因未提出充分事證不予採信;建商另稱買方尚有798萬元尾款未繳,但因房屋抵押權尚未塗銷、產權也未完成移轉,法院認定買方未繳清尾款具有合理性,因此不採建商主張。

馨傳不動產智庫執行長何世昌分析,預售屋交易中,消費者最需要留意的就是契約約定的交屋時間,以及建商是否有具體事證證明延誤屬於不可歸責事由。若真的發生長期遲延交屋,買方應保留付款紀錄、契約、建商通知及工程進度等資料,後續無論協商或進入法律程序,都能作為重要依據。

何世昌指出,遇到建商遲延交屋時,第一步仍可先與建商協商,若無法解決,可尋求律師協助並寄發存證信函,也可向消保官或調解委員會申訴;若涉及契約疑義或建商要求簽署不利於消費者的內容,也可向主管機關反映,最後才是透過訴訟解決。

何世昌提醒,遲延交屋涉及的金額往往不低,尤其當買方已支付大筆房款、延遲時間又拉長時,依契約計算的違約金可能快速累積,因此購屋人除了關注房價與付款條件,也應仔細確認交屋期限、遲延責任及不可歸責事由等契約內容。

What to Watch

AI outlook — possibilities, not facts

  • 泰坤建設可能對此判決提起上訴

    Likely · Within weeks

Open Questions

  • 泰坤建設是否會上訴此判決?
  • 楊男是否能如期收到賠償金?
  • 此案是否會影響其他預售屋買方的維權意願?

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This article was originally published by 自由时报.

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