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Generally, the decoration company of more than 100 million projects every year has a professional lawyer team, lawsuits are common, applying for property preservation is just a familiar thing, some maintenance during the warranty period is also a normal thing, in the end there is any quality problem can find the relevant unit for arbitration, so you have to seriously consider, once the arbitration fails and then the lawsuit you will definitely lose. It is recommended that you make a deduction according to the actual settlement when you do it, which is the result of double win.
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Hello, first of all, thank you for your trust in me, and secondly, I am very sympathetic to your experience, I am also a decorator, you say the situation, you know what is going on, the current home decoration team quality is uneven, although the vast majority of decorators are still diligent, but there is no lack of poor quality decoration team, it seems that this time you have met a group. Now that we've come to this point, let's think about countermeasures together.
From this problem, I feel that you are a victim, I don't know how long the quality assurance of the contract you signed, the general formal decoration company warranty is more than one year, and your decoration project has a problem in half a year, so this decoration company problem.
First of all, you must take photos and videos to leave evidence, and at the same time grasp the information of the decorator, and control the decorator to a certain extent, and then ask for a refund and rework, and ask to be refused to sue directly with law enforcement.
You can sue the other party for fraud based on the contract list and the ** slip, as well as the evidence you have, until the other party returns to the negotiating table.
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As a decoration company in Beijing, I sympathize with you when you encounter this tired industry failure, but your situation is more special, and now you have found other decoration teams to decorate, you have no handover procedures with the home decoration company in the early stage, or because of the quality of the conversation recording, or witness human beings, if there is the best, and I think you think the situation is now to this extent, it is better to solve it peacefully, because now it is changing, you are more ignorant.
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You can immediately go to the court to apply for a reconsideration and file a counterclaim at the same time.
Legal basis: Civil Procedure Law of the People's Republic of China.
Article 95: Where the subject of the application provides a guarantee, the people's court shall lift the property preservation.
Article 96: Where there is an error in the application, the applicant shall compensate the respondent for the losses suffered by the respondent as a result of property preservation. Article 99: Where parties are dissatisfied with a ruling on property preservation or prior enforcement, they may apply for a reconsideration once. Enforcement of the ruling is not stopped during the reconsideration period.
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If you don't live in it, you can see the electricity meter and water meter, and moving in the furniture is actually a step in the decoration.
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Legally, this kind of is not considered a non-occupancy, but it is only said that the decoration has been completed, and the decoration company has the obligation to rework and repair the process that is not done well, so it is unreasonable for the decoration company to sue
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Acceptance is a very important legal act, when decorating the house, do not pay attention to the details of the decoration because of fear of trouble or hurry, and should carefully agree on each clause at the same time when signing the decoration contract to protect their legitimate interests. In the decoration process, it is best to often go to the decoration site to carry out inspection and inspection, so as to find some hidden problems in time and solve them, do not wait until the decoration is completed in a hurry to sign the acceptance of the contract or documents, once the problem is very troublesome.
Once the acceptance form is signed and confirmed, as long as the decoration company does not violate the national mandatory decoration norms in the decoration process, consumers must be responsible for their signatures, even if they find that there are decoration quality problems, the prosecution may not be able to protect their rights and interests.
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Negotiate with the decoration company to deal with, if the negotiation is not successful, let him sue, you must pay a little fee to the decoration company, if there is a problem during the decoration, you can mail the decoration quality problem to ask for reverse repair, so that there is conclusive evidence. A civil lawsuit is like this, but he may find a reason.
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In this way, it is best for you to coordinate, and it may be the best choice for each to let a part, because the company will not be willing to get back a little money, and the most important thing is that the other party has a contract, if there is a contract, he has a favorable side, of course, even if the store is transferred, it can be argued according to the quality of the decoration on the contract. If it gets to the point of prosecution, you'll all be held responsible.
As long as you have evidence of the quality of the renovation, it is also acceptable. It is advisable to negotiate it.
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This is an economic dispute, and you need to consult the legal profession to find a reasonable solution, but you call the police and ask the police station to negotiate a solution.
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Reasonable, this is called property preservation.
The people's court shall, before the interested party initiates a lawsuit or after the party initiates a lawsuit, employ compulsory measures restricting the disposition of the parties' property or the subject matter of the dispute in order to ensure that the effective judgment can be enforced in the future or to avoid property losses.
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This is for fear that you will transfer the company's assets, and it is recommended that you consult a professional lawyer for this kind of matter.
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Negotiation and maintenance, negotiation fails, litigation settlement, but attention should be paid to protecting the evidence, that is, the evidence of quality problems.
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1. Generally, the final payment can only be paid after the decoration is completed and the acceptance is qualified, and I don't know how your contract is signed. 2. If the decoration company promised to give away items, you can ask the company to issue a written commitment to you first, and complete it within a few days after paying the final payment, and then fulfill the promised gift. 3. I don't know if your balance is enough, if so, you take a good look at the contract details, obligations and rights, involving the completion period, if it exceeds the reward and punishment clause.
Issue a written letter (by mail, the other party has received a signature, keep it as evidence) to require it to complete the project on time. If you don't finish the work when it's due, you not only don't have to pay the final payment, but you can also claim compensation, mainly depending on the details of the contract, and there is sufficient evidence.
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Either discuss mediation and mediation, or find the public security? Looking for a neighborhood committee?
Either it's a gift, it's always important to decorate the home, if you don't get it halfway, even if you have a range hood and a stove, it's useless.
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Looking at the contract, the general formal decoration contract has a time for payment, the first installment, the second installment, and the final payment
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There is no free lunch in the world, don't believe in some activities and the like, look at how the contract is written, generally 10% of the balance is all done and paid after the customer has passed the acceptance.
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