Do you inspect your home before you hand it over or do you hand it over and then inspect it?

First house inspection, the house inspection found problems to find them feedback, generally someone is responsible for collecting problems, no problem can accept the delivery. The main thing to inspect the house is to look at the wall and detect leaks, that is, to pour water into the bathroom to see if the water level changes, and then use a rubber hammer to knock the wall to see if it is empty and whether there is foam in it.

Many developers generally require the owner to go through the procedures first and allow the owner to inspect the house only after paying the cost of the trip, which is an unreasonable procedure that requires a very poor town. This behavior is detrimental to the interests of the owner. At this time, the owner should refuse to go through the formalities in advance, pay the fee, etc., and must insist on checking the house before going through the procedures.

In this way, we can achieve the purpose of safeguarding our legitimate rights and interests.

I heard many people who bought houses saying that the developer requires the buyer to pay the money before the house is accepted when the house is delivered. Although according to the relevant regulations, the house should be completed after the acceptance is completed, but the fact is that many developers require buyers to pay the money before giving the key, which makes the buyers feel very annoyed. What is legal?

Pay the money first or inspect the house first? The general practice is to pay the money after acceptance, and the contract law also has relevant provisions on this. If the developer asks to pay the money first and then inspect the house, this behavior has the nature of an overlord clause, which is contrary to the current basic market economy principles, and will not be supported by the law, so the buyer must be aware of this.

After receiving the delivery notice from the developer, the buyer should pay attention to the following steps to accept the house so as not to suffer a loss:

When inspecting the purchased house, the developer must provide these materials to view, including: instruction manual, quality assurance certificate, record certificate of completion acceptance, actual measurement table of house area, as-built drawings of housing pipeline distribution (mainly water, strong electricity, weak electricity and structure) and so on.

The first house inspection needs to be with the property, because the standard of the house inspection is regulated according to the relevant laws and regulations, of which the scope of the house inspection includes checking the quality of the house and the ancillary facilities of the house and whether the indoor harmful gases exceed the standard, the surrounding community environment, etc., the property will be more familiar with this aspect.

Why do you need to know if you pay first or inspect your home first? It is because if the results of the house inspection are not satisfied, the buyer can question the developer and the property company according to the problems found in the house inspection process, ask the other party to give a solution or opinion, and solve it within the specified time limit, then remember to let the other party sign to confirm, so as not to deny it.

When the developer solves the problems in the process of the first inspection, it will issue a notice of delivery to the buyer again, at which time the buyer can complete the acceptance of the house with the property again, if it is confirmed that there are no other problems, you can sign and confirm in the relevant handover order, and at the same time pay the money payable, the purchased house is also delivered.

After the owner buys the house, he must understand whether he pays the money or inspects the house first, and only after understanding the first payment or the first inspection can he know how to correctly protect his legitimate rights and interests.

In the sales contract, a priori before receiving is a common trading habit, and the trading habit of receiving first and then a priori may exist, but it must be an abnormal phenomenon, which has the typical nature of overlord clauses, which is contrary to the basic principles of the market economy and is denied by modern civil law and economic law.

After receiving the delivery notice issued by the developer, the following steps are indispensable.

1. Check the information, including: a. the "Residential Quality Assurance Certificate" of the house; b. Residential Instruction Manual; c. Completion Acceptance Record Certificate; d. Area measurement table; e. As-built drawings of pipeline distribution (water, strong electricity, weak electricity, structure).

2. The buyer will inspect the house together with the property, and the inspection standard is based on the agreement of the "Commercial Housing Sales Contract" and relevant laws and regulations, and the scope of the house inspection includes the quality of the house and ancillary facilities, whether the indoor harmful gases exceed the standard and the community environment.

3. The buyer puts forward questions, improvement opinions or solutions to the problems existing in the acceptance, and the property is recognized and signed.

4. After solving the problems in the house inspection within a certain period of time, the developer will issue a delivery notice again.

5. The buyer will inspect the house with the property again, there is no problem, the buyer receives the residential key, signs the "Residential Key Receipt Letter" and "Check-in Handover Form", and the delivery of the commercial house is completed.

Of course, you have to believe in the house inspection and then pay the money, you can see what is wrong after the house inspection can be changed, if you give the money, then people will not change it, and that's it.

Legal Analysis: Legal. However, this practice is extremely detrimental to the maintenance of rights and interests, the normal process is to inspect the house first and then sign, so that you can refuse to accept when you encounter the problem of housing hail, and at the same time claim the liability for breach of contract, if the developer strongly requires to sign first, it is recommended to file a complaint.

Legal basis: Article 510 of the Civil Code of the People's Republic of China If the parties are not clear about the content of the relevant contract, and it is still uncertain according to the provisions of the preceding article, the following provisions shall apply:

1) If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; If there is no national standard or industry standard, it shall be performed in accordance with the usual standard or the specific standard that meets the purpose of the contract.

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.

5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden; The creditor shall bear the performance costs increased due to the creditor's reasons.

The handover of the new house is signed after the first inspection. Usually, after receiving the notice of receipt from the developer, the owner needs to bring the purchase materials and the owner's identity information to collect the house, but before going through the procedures for receiving the house, it is necessary to inspect the house first, check whether the house has quality problems, or unqualified conditions, and wait until there is no problem with the house inspection before signing.

Real estate development enterprises shall meet the following conditions for the delivery of pre-sold residential Youdongchun commercial housing:

1. Legal conditions: construction project experience is qualified; Provide the home buyer with a residential quality assurance certificate and a residential instruction manual.

2. Agreed conditions: meet other delivery conditions agreed in the pre-sale contract.

According to Article 16 of the Regulations on the Quality Management of Construction Projects, the following conditions shall be met for the completion and acceptance of construction projects:

1) Complete the construction project design and the contents agreed in the contract;

2) Have complete technical files and construction management materials;

3) There is an approach test report of the main building materials, building accessories and equipment used in the project;

4) There are survey, design, construction, engineering supervision and other units signed by the quality of the documents;

5) There is a project warranty signed by the construction unit.

What should I pay attention to when handing over a new home?

1. Check the floor drain and drainage.

When building a house, many cement blocks and sand and gravel can easily fall into the drain pipe of the floor drain, causing serious blockages, and once found, there will be trouble. We only need to carry a small bucket of water with us, pour a bucket of water, see the speed of the water, and judge whether there is a blockage. In general, in order to solve the blockage problem, it is necessary to open the manhole of the downstairs neighbor's drain pipe to clean up the silt.

If the downstairs neighbor has finished the renovation and has the drain completely wrapped, it will be very difficult to coordinate. Even if the cost of re-shutting down the downstairs drain is compensated, neighbors may be reluctant to do so.

2. Inspect doors and windows.

The aluminium trembling gold windows installed by the developer are of poor quality and have many problems that must be carefully inspected. Mainly check the tightness of the window, and the sealing strip is the key. and whether the windows can be opened and closed properly.

3. Check the ground.

The flatness of the ground is often overlooked. Don't underestimate the problem of flatness. There may be a difference of 3 cm in the same room. How much cement, sand and gravel it will cost if it is leveled on its own, the height of the house will be wasted. That's a huge loss.