What should I do if the buyer of the house that fails to pass the completion acceptance

If the house is not accepted, what should the buyer do? Clause.

1. Actual performance requirements: If there is a problem with the quality of the foundation works and the main structure of the house purchased by the buyer, if it can be repaired through reinforcement, etc., and the safety of the building is ensured, the buyer may request the seller to perform its obligations in accordance with the provisions of the law and the contents of the contract. Actual performance is a basic principle of contract performance in China, and it is a major remedy that can be taken by the other party after a party breaches the contract. However, it is not appropriate to take such remedial measures in consideration of whether the breaching party can continue to perform and the reasonableness of its continued performance, and if the breaching party is truly unable to continue to perform or will pay a greater price if it continues to perform.

Clause. 2. The contract may be terminated, and if it is difficult to solve the problem of the quality of the foundation works and the main structure of the house through repair methods, the buyer may request to terminate the contract. Rescission is a more stringent measure that generally prohibits the parties from arbitrarily rescinding a contract without any statutory or contractual basis. Clause.

3. Liquidated damages and damages may be claimed. If the house delivered by the seller is not up to standard, whether the buyer requests actual performance or rescission of the contract, it does not affect the request for the seller to pay liquidated damages and bear the liability for damages. Legal basis:

Article 107 of the Contract Law of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Hello, quality problems found in the acceptance of the house takeover can be dealt with separately according to the different degrees of its impact on the house:

1) For quality problems that affect the safety of the housing structure and the safety of equipment use, the construction unit must be responsible for reinforcement and maintenance until it is qualified. The safety issues affecting adjacent houses shall be handled by the construction unit.

2) For the quality problems that do not affect the safety of the use of houses and equipment, the construction unit can be responsible for maintenance within the agreed period, and the method of cost compensation can also be adopted and dealt with by the takeover unit. Hope!

Negotiate with the seller to settle the matter. If the negotiation fails, go to the court to sue, then get the judgment, and then apply to the court for enforcement and get your money back.

The money from the sale of the house will be returned.

The handling methods for unqualified house acceptance are as follows:

1. If the house is unqualified, it can refuse to accept the house and require the real estate development enterprise to rectify, and if the delivery time is exceeded, the real estate development enterprise can be required to bear the liability for breach of contract;

2. If the building fails to pass the acceptance, if the building cannot be delivered to the buyer in time, the buyer can negotiate with the seller to request the termination of the contract and compensation for losses, or timely repair of the house and re-acceptance. If the negotiation fails, you can file a lawsuit with the court to solve the problem;

3. If the real estate development enterprise fails to organize the completion acceptance, fails to pass the acceptance, or delivers the unqualified commercial housing according to the qualified acceptance without authorization, it shall be ordered to make corrections and impose a fine of between 2% and 4% of the project contract price; and where losses are caused, they shall be liable for compensation in accordance with law.

Legal basis:Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts.

If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.

Article 10 Where the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported.

If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Article 11: In accordance with the provisions of Article 563 of the Civil Code, where the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party. If the other party does not demand, the person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for rescission. If it is not exercised within the time limit, the right of rescission shall be extinguished.

If the house is not accepted, it can refuse to accept the house and require the real estate development enterprise to carry out rectification, and if the delivery time is exceeded, the real estate development enterprise can be required to bear the liability for breach of contract. If the real estate development enterprise fails to organize the completion acceptance, fails to pass the acceptance, or delivers the unqualified commercial housing according to the qualified acceptance without authorization, it shall be ordered to make corrections and imposed a fine of between 2% and 4% of the project contract price; and where losses are caused, they shall be liable for compensation in accordance with law. According to Article 30 of the Administrative Measures for the Sales of Commodity Housing, a real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on time.

If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract. If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer. Article 30 of the Administrative Measures for the Sales of Commodity Housing stipulates that a real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on schedule.

If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract. If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.

Buyers who fail to accept the house can negotiate with the developer in advance and ask the developer to rectify within a time limit; If it cannot be repaired or still cannot meet the agreed quality standards after repair, the buyer may request to terminate the housing sales contract and the developer shall compensate for the corresponding losses.

Legal basis:

Article 35 of the Administrative Measures for the Sales of Commodity Housing.

After the commercial housing is delivered, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.

Article 563 of the Civil Code.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.