Is there a legal basis for inspecting the house first and then receiving the house?

It is a normal procedure to pay the fee and sign the documents after the first inspection, but most of the merchants take the trick of paying the money to fill in the form, sign the documents, and then inspect the building, the purpose is to let the consumer sign the approval letter and then inspect the building. In response to this trap, buyers should inspect the house before taking over the house, and do not inspect the house without repossessing the house. If the merchant requires that the documents must be signed first, you can take a workaround, and indicate in each document the words "the situation in the house is not seen" or "the situation in the house is not clear", or "the house has not been inspected", etc., if there is any situation during the house inspection, it can also be handled flexibly.

The buyer's acceptance is different from that of the relevant authorities. The buyer's acceptance is based on the agreement of the contract and the needs of the transaction. The status of both parties is equal, and you have the right to inspect and object to the house if it does not meet the agreement.

The developer's practice has no basis and can be dealt with according to the agreement of both parties.

You can ask for acceptance before paying the fee. However, if it has been agreed in the contract to pay the fee first and then accept, you are in breach of contract.

Year 2011.

The Beijing Municipal Construction Commission has issued a notice requiring that before the handover of pre-sold commercial housing, the developer must organize the buyer to inspect the house, and the buyer cannot pay the relevant taxes and fees and sign the property management documents as a precondition. Developers who violate this rule will be penalized, and the new rules came into effect on January 1, 2008.

Housing acceptance, inspection as the core, is the right of the owner, and the result is collected. The problems found in the house inspection are rectified by the developer, and the owner's confirmation of the rectification is the real acceptance. Article 15 (2) of the purchase contract stipulates:

After the acceptance and handover, both parties sign the handover form of the commercial house. Therefore, the owner can "inspect the house first and then take the house".

Of course, it is possible to collect the house first and then carry out the house inspection, but we advocate that the house is inspected first and then the house is closed, which is more cautious and reasonable, and sometimes it can be more preventive.

It is more prudent and reasonable to inspect the house before closing the house, and sometimes it can be more preventive.

Housing is a commodity, and the quality of housing is naturally crucial. The buyer has the right to refuse the house with defective product quality, and the law stipulates that the developer must deliver the building to meet the standards agreed by both parties, if the delivery conditions are not met, and the use function is damaged, the buyer can ask the developer to repair until the delivery conditions are met.

Home Inspection Tools:

Professional home inspections need to be equipped with vertical inspection rulers, internal and external right-angle inspection rulers, vertical correctors, vernier rulers, diagonal inspection rulers, reflectors and telescopic rods, etc.

Also bring a 5-meter box ruler, a 25-33 cm rectangular ruler, a 50-60 cm T-ruler, a 1-meter ruler and other measuring tools, as well as a variety of electric tong tools, such as a socket with two-ended and three-ended plugs, various plugs, a multimeter, a shake meter, a multi-purpose screwdriver, 2 No. 5 batteries, a voltage tester, a hand hammer, a small hammer, and a light bulb.

It is difficult for homeowners to carry these special tools to inspect hard-to-reach areas.

In real estate transactions, there is always the possibility of the habit of receiving before inspection, but in fact we should receive after a priori, which has a legal basis.

1. What are the procedures for home inspection?

1.Check the documents related to the house, including the instruction manual of the house, the housing quality assurance certificate, the ** of the completion acceptance record, etc., a total of two books and one table. Special reminder that the first table is the measured area data, which will be displayed on the contract of the purchase of the house, so special attention is required.

2.It is necessary to inspect it first, and only after the house is qualified can the payment and sign can be made. After the hairstyle problem, you can't pay or sign casually, otherwise legal disputes will easily occur if there is a problem.

3.If the house is in good condition and there is no problem, you need to hand over the keys, and strengthen the property management contract and other documents, and of course, sign the owner's covenant to firmly grasp your rights.

4.If you pay a certain fee according to the property management contract, you can renovate or move in with peace of mind.

2. Receiving the house first or inspecting the house first?

1.In the sales contract, "a priori before receiving" is a common trading habit, while the "a priori after receiving" trading habit may exist, but it must be an abnormal phenomenon, with the nature of a typical overlord clause, contrary to the basic principles of the market economy, and denied by modern civil law and economic law.

2.On the premise that the full payment has been made, the developer shall unconditionally deliver the house to the owner in accordance with the contract, and the owner has the right to inspect the house before the house is delivered"Inspect the house first, collect the house later" is conducive to market stability, ensure the safety of transactions, and realize the supervision of operators.

Knowing these home inspection procedures, we can follow these steps when inspecting the house, and finally we must remember to inspect the house first and then close the house.

It must be a good house first, confirm that there is no major damage in the house and other unqualified quality workmanship, even if there is, it can be recorded on the house inspection list, and then confirm and sign to receive the house;

Generally, there are more cracks in the wall, heavy push-pull of doors and windows (this is a broken roller), and other small problems. If the problem is more serious, such as water leakage in the house, twisted and tilted walls, etc., then you can directly not sign, do not confirm the receipt, and wait for the property to be completely repaired before confirming the signature to receive the house.

1.Housing is a commodity, and the quality of housing is naturally crucial. The law stipulates that the developer must deliver the building to meet the standards agreed by both parties, and if the delivery conditions are not met, and the use function is damaged, the buyer can ask the developer to repair it until the delivery conditions are met.

2.At the same time, only the "Record Certificate for the Completion and Acceptance of the Construction Fighting Project" issued by the national construction administrative authority is a statutory certificate that has the effect of publicity on the public in the project acceptance work; If there is no "Record Certificate for Completion and Acceptance of Construction Projects", the owner can also refuse to accept the house, and has the right to require the developer to bear the liability for breach of contract in accordance with the contract.

Legal basis: Civil Code of the People's Republic of China

Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 601:The seller shall deliver the subject matter at the agreed time. If a time limit for delivery is agreed, the seller may deliver it at any time during that time limit.

When receiving the house, it is necessary to review whether the developer has all the legal documents for delivery, and if necessary, you can ask to check the corresponding original blanks. Only when the original documents are complete can the receipt be signed. As long as the developer's procedures are incomplete, even if the house can be actually lived in without quality problems, it cannot be regarded as a delivery in the legal sense.

It is necessary to settle the area according to the terms of the area error agreed in the purchase contract, and see if there are any discrepancies, and if there are discrepancies, they should be dealt with according to the actual situation. For example, if the buyer has doubts about the measured area, he can ask for a re-measurement. Main inspection items apportionment items:

1. Elevator room, elevator machine room, water tank room, stairwell, fire control room, hall and duty room on the first floor. Regardless of the loss of the project: 1, civil air defense workshop, wind shaft, etc.

The third step is to inspect the house on the spot. Inspecting a house requires a very careful inspection, the windows often leak when it rains, the floor is uneven during renovation, and a crack is found in the wall after living for a year. These cases are not for nothing.

So you need to be extra careful.

Legal basis: Law of the People's Republic of China on the Management of Urban Real Estate Article 63 Where the people of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate respectively.