Is the quality problem of commercial housing the responsibility of the property or the responsibilit

Regardless of who is responsible, you can sue for breach of contract.

There are several ways to bear the liability for breach of contract.

1) Pay liquidated damages. Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages. Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one party to the contract.

3) Continued fulfillment. Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

Other remedies. Article 111: If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.

Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

The quality of the commercial housing is the responsibility of the developer, and you can ask the developer to bear the maintenance obligation during the warranty period according to the "Residential Quality Assurance Certificate". Before moving in, the buyer should not only require the developer to submit the "Construction Project Completion Acceptance Record Form" and the "Surveying and Mapping Department's Measured Area Data", but also require the developer to provide the "Residential Quality Assurance Certificate" and "Residential Instruction Manual". "Residential Quality Assurance" is a legal document for real estate development enterprises to assume responsibility for the quality of the sale of commercial housing, after the commercial housing **, the development enterprise entrusts the property management company and other units to maintain, should be clearly indicated in the "Residential Quality Assurance" of the entrusted unit.

According to the second paragraph of Article 13 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 there are quality problems in the houses delivered for use, the seller shall bear the responsibility for repairing them 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. ”

1. If the quality of the house seriously affects the normal residential use or the quality of the main structure of the house is unqualified, the buyer can request to terminate the contract and compensate for the loss.

2. The developer shall bear the responsibility of maintenance and double compensation in accordance with the pre-sale contract.

3. After the warranty period, the developer shall not be liable for the quality defects of the non-main structure.

4. The developer shall bear the legal responsibility for refusing to repair the house.

5. After the developer is deregistered, the quality defects shall be borne by the civil subject who inherits its rights and obligations.

1. What should the buyer do if he finds that the house has quality problems when he receives the house?

The above three options should be followed, the developer is responsible for the maintenance first, and if it doesn't work, then the owner will repair it himself, and the worst result is to choose to move out.

The first is the developer's maintenance. If there is a problem with the quality of the house and it does not meet the standard of check-out, the owner should feedback to the developer through the property, because the developer will provide the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual" when Li Seesui's handover, which provide a commitment to the warranty, and the developer shall not refuse to repair it. It should be noted that the warranty period is calculated from the date of delivery, not some other time node.

The second is the owner's maintenance. Some developers can't help the owner repair in time, and the owner can repair it by himself, but it should be noted that the costs and losses incurred by the maintenance must be borne by the developer. In order to ensure the rights and interests of property owners, we recommend that all property owners do the following:

1. The exact evidence of the quality of the house should be retained, each owner will be accompanied by the property or the developer's staff when receiving the house, and the problem should be noted in the notice of receipt in a timely manner, and the owner can also entrust the relevant agency to issue a report for some obvious quality problems.

2. Before deciding to repair by himself, the owner can repair it by himself because he has contacted the developer for maintenance many times, and if the developer has not made any maintenance behavior within a reasonable time.

3. Keep a list of construction costs and materials so that you can ask the developer for relevant costs in the future.

Article 11 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 Contracts for the Sale and Purchase of Commercial Housing provides that the transfer of possession of a house shall be deemed to be the delivery of the house, unless otherwise agreed by the parties.

The risk of damage or loss of the house shall be borne by the seller before delivery for use, and by the buyer after delivery for use; If the buyer receives a written notice of delivery from the seller and refuses to accept it without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the date of delivery and use as determined in the written notice of delivery, unless otherwise provided by law or otherwise agreed by the parties.

Summary. Hello, I am a legal consulting lawyer of the platform, I am reading your question, and I would like to ask you to wait a little longer

Hello, I am the legal consulting lawyer of the platform, I am reading your question, and I would like to ask you to wait a little longer If there is a quality problem with the house, the developer will bear the responsibility for the repair and damage of the burial. The buyer can refer to the purchase contract and request the developer to repair and compensate for the quality problems of the house according to the terms of the contract; If the quality of the main structure of the house is unqualified and cannot be delivered, or the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer can check out.

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If there is a quality problem in the house, the developer shall bear the responsibility for repair and damages. Buyers can refer to the purchase contract, according to the terms of the contract, according to the terms of the contract, according to the quality problems of the house, such as stupid developers to repair and compensate for damages in accordance with the law; If the main structure of the house cannot be delivered for use due to the unqualified quality, or the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer can check out.

[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 vacate the property; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.

Article 617 of the Civil Code.

If the subject matter of the burial goods delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract in accordance with the provisions of Articles 582 to 584 of this Law.

If there is a quality problem in the house, the developer shall bear the responsibility for repair and damages. The buyer can refer to the purchase contract, and request the developer to repair and compensate for damages according to the terms of the contract according to the quality problems of the house; If the main structure of the house cannot be delivered for use due to the unqualified quality, or the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer can check out.

Legal basis: Article 35 of the Administrative Measures for the Sales of Commodity Housing After the delivery of the commercial house, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-verify 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 617 of the Civil Code of the People's Republic of China Where the subject matter delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract in accordance with the provisions of Articles 582 to 584 of this Law.