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1.The first step in closing the house is to pay attention to the deadline. Generally, the time limit agreed by the developer is within 30 days of the notice being sent, so the buyer should arrange the time.
2.After receiving the notice of occupancy, the first thing you should judge is whether the developer has delivered the house on time. If the delivery is overdue, the handling opinions should be put forward, and according to the developer's reply, it should be decided whether to go to the house to collect the house, and go to the house according to the time agreed on the notice.
If there are special circumstances that cannot be present as scheduled, you can entrust relatives, friends, and lawyers in writing to do so, or you can contact the developer in time to discuss another agreed time and confirm it in writing. If the buyer does not go to the designated place to go through the relevant procedures for taking over the house within the agreed time, from a legal point of view, it is generally deemed that the developer has actually delivered the house to the buyer, and the buyer shall bear all the risks and responsibilities and taxes from the deadline date of the notice.
3.The owner verifies the materials. The developer presents the "Completion Acceptance Record Form", "Housing Land Surveying and Mapping Technical Report", "Residential Quality Assurance Certificate" and "Residential Instruction Manual" and is explained by the developer, and the "Completion Acceptance Record Form" and "Area Measurement Table" of the house are checked when going through the closing procedures, and the owner of the "Residential Quality Assurance Certificate" can be taken away, the "Residential Instruction Manual" can be taken away, and the pipeline distribution completion drawing (water, strong electricity, weak electricity, structure) can be taken away, if the real estate developer is fully prepared, Generally, it takes 10 minutes to view the information.
If the developer fails to provide the above relevant documents, the buyer has the right to refuse to accept the house, and the resulting responsibility for the delay in delivery shall be borne by the developer.
4.Problems existing in the home inspection are questioned, improved or solved. There is a principle that must be mastered in the process of closing the house:
A priori before receiving". That is, the buyer must first inspect the house (including the documents necessary for acceptance and delivery), and then sign the house receipt documents after confirming that they are correct. "A priori later" is not only in line with commercial practice, but also has a legal basis.
The consideration of the house is the price of the house, and as long as the consumer pays the price in full, or pays the corresponding proportion of the price according to the contract, he has fulfilled the obligations of the contract, and the developer should hand over the house. Before the delivery of the house, the owner has the right to inspect the house first, the principle of house inspection should be adhered to as long as the problem is found, regardless of the size, it must be recorded in the relevant documents or **, if there is any dissatisfaction, you can put forward comments and fill in the comments in the "house inspection handover form", as a written basis, such as the developer is not prepared about ** If it is a refurbishment content, the buyer should negotiate and sign the relevant rectification and maintenance documents, agree on the next acceptance time (generally not more than 30 days), and indicate the problems found in detail on the building inspection form, if it is indeed impossible to receive, it is necessary to write in detail the reasons for not receiving the building and require the developer to sign and seal.
5.After checking these jobs, if it's okay, then pay for it;The exchange of formal invoices and the payment of various related fees are related to money and silver, and it is necessary to calculate them in writing, and the owner signs the "Move-in Handover Form".
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(1) The developer will send the "Notice of Occupancy" to the buyer or notify the buyer to collect the notice at the agreed place. (2) The buyer shall take the "Notice of Occupancy" to the sales office or the property management office at the appointed time to contact the property management office. (3) The staff of the developer leads the buyers to the purchased houses for on-site investigation, inspects various facilities and equipment, and records the test results one by one on the "Housing Acceptance Handover Form".
4) If the acceptance is qualified, the buyer must sign and approve the "Housing Acceptance Handover Form", receive the house key and the "Resident Handbook" and other information, and pay the relevant fees according to the unified regulations of the management office. If the acceptance is unqualified, the buyer should also clearly record the deficiencies on the handover form, and may not handle the check-in procedures for the time being for the time being depending on the specific situation, and the time of repossession shall be agreed upon by both parties. Buyers should pay attention to when inspecting their homes:
1) Check the house for cracks. First of all, carefully check whether there are cracks on the floor and roof of the house, generally speaking, cracks parallel to the beams of the room, although it is a quality problem, but basically there is no danger, and it will not hinder the use after repair. If the crack is at a 45-degree angle to the corner of the wall or perpendicular to the beam, it means that the house has serious settlement and there is a structural quality problem.
Secondly, look at whether there are cracks in the exterior wall of the house, if there are cracks, it is also a serious quality problem. Check whether there are cracks in the load-bearing wall, if the cracks penetrate the entire wall and penetrate the back, it means that there is a potential safety hazard in the house. (2) Check whether the house is tilted.
Although it is necessary to use special instruments to professionally detect the inclination of the house, buyers can basically find the problem by carefully observing from different angles around the house from different angles and near distances. You can tie a heavy object to the roof with a string, lower it against the wall to the foot of the wall, and check its inclination from all sides. (3) Check the house for leakage.
Buyers should pay attention to the water seepage on the ground and top floors of the house, and carefully check whether the walls of the house are discolored, blistered, peeling, and dusty, which are all signs of leakage. The top of the kitchen, bathroom, balcony and pipe connections should also be inspected for leaks. (4) Check the walls and floors.
For the living room that has been roughly decorated, check whether the wall is smooth and there can be no obvious ups and downs; The ground should be smooth and clean, and no sand should be raised. Check the wall for lime "bursts". Check whether the wall tile masonry of the kitchen and bathroom is qualified, and the bricks can not have cracks or hollows, and must be solid.
5) Check whether the bathroom and kitchen floors have been treated. See if the water can be discharged to the outlet unimpeded. (6) Check the doors and windows.
Whether the density of doors and windows is appropriate, and whether the opening and closing are smooth. Whether the edges of door frames and window frames are dense and there should be no gaps. (7) Verify whether there are any omissions in the facilities and equipment indicated in the sales contract, and whether the brand and quantity are consistent.
8) Check for problems such as planning, design changes, or cell shrinkage. (9) Check the indoor harmful gas exceeding the standard and other problems. View the original post
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The common problems encountered in receiving a house are: failure to obtain the residential quality assurance certificate, residential instruction manual, and completion acceptance record form; The developer delays the delivery of the property to the bureau without reason; The developer changed the structure of the house and the supporting environment without authorization; The error of the house area is more than 3%; The quality of the house seriously affects the normal use, and the quality of the main structure is unqualified; Supporting infrastructure has not been delivered.
[Legal basis].Article 7 of the Administrative Measures for the Sales of Commodity Housing.
Commercial housing for sale shall meet the following conditions:
1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise;
B) to obtain a certificate of land use rights or approval documents for the use of land;
3) Holding construction project planning permits and construction permits;
4) has passed the completion acceptance;
5) Demolition and resettlement have been implemented;
6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction schedule and delivery date;
7) The property management plan has been implemented.
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Delivery and delivery process:
1. Notice of acceptance: Before the scheduled delivery date, you will receive a written notice of receipt from the developer, and in the notice, you will be informed of the acceptance and handover of the house within the agreed time.
2. Housing inspection and acceptance: Some will find relevant housing inspection companies, professional home inspectors of supervision companies to inspect the house, according to the standards agreed in the purchase contract for the quality of housing projects and supporting facilities one by one, and make records, at the same time, the developer should take the initiative to show the buyers the construction project quality inspection certificate and the new commercial housing real estate certificate.
3. "Residential Quality Assurance Certificate" and "Residential Instruction Manual": "Residential Quality Assurance Certificate" is a legal document for the developer to assume quality responsibility for the commercial housing sold, which can be used as a supplementary agreement to the pre-contract of commercial housing and has the same effect as the contract. The "Residential Instruction Manual" should explain the old holes in the structure, performance and types, properties and standards of each part (component) of the house, and put forward the precautions for use.
4. Sign the house handover letter: the house and its property rights should be inspected first, and if it is considered that the conditions agreed in the contract are met, the house exchange letter should be signed with the developer; For those who do not comply with the contract, they should be recorded and required to sign by the developer, and the house handover letter cannot be signed until the developer's house fully meets the delivery standards.
Precautions: 1. Pay attention to the delivery conditions, according to Article 17 of the Regulations on the Administration of Urban Real Estate Development and Operation, the real estate development project can only be delivered after the completion and acceptance; If it is not accepted or unqualified, it shall not be delivered. Since the contract and the law do not contain the required delivery documents, the so-called delivery cannot produce legal delivery, and the buyer has the right to refuse delivery.
2. Go through the formalities a priori. Nowadays, when many developers hand over the house, they generally require the owner to go through the formalities first, and then let the owner inspect the house after paying the relevant fees. For this unreasonable procedure, the owner should insist on handing over the house first, and then go through the formalities, and submit the relevant problems found during the house inspection to the developer in writing, and ask him to sign for the receipt, so as to avoid disputes in the future.
3. If a problem is found, it will be raised in a timely manner, and the owner will put forward questions, improvement suggestions or solutions for the problems existing in the acceptance. The two parties negotiate and reach a written agreement to solve the problems in the delivery of the house according to the content of the agreement. If it cannot be resolved within 15 days, the two parties shall reach a written agreement on the solution and time limit.
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Hello, your question is: is the delivery before the receipt of the house?
The answer is yes, handing over is necessary before taking possession. Before taking possession of the property, you will need to complete a series of steps, including checking the condition of the property, confirming the rent, signing the contract, making payments, etc. These steps are necessary to ensure that your rights are protected.
Before handing over the house, you also need to do some preparations, such as tidying up the room, cleaning up the garbage, cleaning and hygiene, etc. These nanas are all necessary to ensure that the home is in excellent condition at the time of handover. In addition, you also need to prepare some documents before handing over the house, such as ID card, house lease contract, payment voucher, etc.
These documents are necessary to ensure the legality of the rental of the house. In short, it is necessary to hand over the house before taking possession of the house, and you need to be fully prepared to ensure the legality and safety of the house lease.
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Yes, it is necessary to hand over the property before taking possession. You need to prepare in advance before handing over the house, including checking the integrity of the house, checking whether the facilities of the house are in good condition, checking whether the decoration of the house meets your requirements, etc., to ensure that your receipt is correct. In addition, you also need to prepare relevant documents in advance, such as the house handover agreement, house handover checklist, house handover checklist, etc., so that you can successfully complete the handover procedures.
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Yes, delivery refers to the act of the developer delivering the residential project that meets the agreed delivery conditions to the buyer within the delivery period agreed in the contract according to the agreement between the buyer and seller of the commercial housing next to the bridge.
There are two meanings of receiving: one refers to a conventional operation method of an intermediary company, which first uses cash to acquire the owner's house, go through notarization procedures, and then transfer it out with a higher ** to make a profit; Jujube desmosis refers to the act of going through the handover procedures with the developer after the completion of the house, and we usually refer to the latter when we usually say that the house is closed.
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What are the precautions when closing a new house?
1. All kinds of housing collection materials should be complete.
When the owner goes to the site to collect the house, he must see whether the developer has the following documents: first, the "Construction Project Completion Record Form", second, the quality assurance certificate and instruction manual of the house, and the third is the report on the measured data and shared area of the housing area issued by the state-recognized professional surveying and mapping unit. At the same time, the owner should check whether the conditions of the house are different from the agreement in the purchase contract.
If the developer fails to provide these documents, the owner should refuse to take possession of the property.
2. Jointly accept the new house with the developer.
Be sure to accept the new house together with the developer, note the problem in person, and agree in writing on the time and responsibility of the developer to solve the problem. It is best to carry out the acceptance and handover work with the developer when receiving the house, mainly including whether the structural design of the delivered house is consistent with the original drawing, whether the quality of the house and the doors and windows are the same as agreed in the contract, whether the supporting facilities such as water and electricity are in place according to the contract, and whether the other projects agreed in the purchase contract meet the requirements. Experts reminded that it is necessary to agree on the time and responsibility for solving the problem in the delivery commitment, and finally, ask the developer for a separate "two books" (quality assurance certificate and instruction manual) and the water pipeline diagram of the house after completion, and then receive the key after paying the final payment.
3. "Keep a hand" when signing the house documents
When some communities hand over the house, the developer requires the owner to pay some supporting fees before allowing the owner to enter the new house to view. Experts suggest that when signing the contract, it should be agreed that "when handing over the house, the house should be inspected first and then the house should be signed." If there is no such agreement in the original contract, you can take a workaround and indicate the words "the situation in the house has not been seen" or "the house has not been inspected" in the repossession document, so as to protect your rights and interests in case of any situation in the house inspection.
4. Carefully check the "Record Form".
According to the regulations, each item on the "Completion Acceptance Record Form" must be reported to the competent department for the record, but some developers use one "Record Form" to deal with all projects. When the owner receives the house, he should not simply look at whether there is a "Completion Acceptance Record Form", but should carefully check whether the purchased house is within the scope of the table, and whether all the items in the table are on file.
5. The payment should not be made in advance if the house is not collected.
Some property management companies in some communities will require the owner to pay a one-year property management fee before the owner takes possession of the house. Experts caution that the owner can refuse this request. According to the regulations, the owner only signs a service agreement with the property management company after receiving the house before he can pay, and the owner has not yet inspected the house, and has not yet enjoyed the property service at this time, so he should not pay in advance.
6. What should I do if there is an area error?
In the purchase and sale of commercial housing, the construction area and the apportioned common construction area shall be indicated in the contract, and the treatment method for the discrepancy between the measured area (property right registration area) at the time of delivery of the house and the area agreed in the contract shall be noted, so as to ensure that once the area error occurs, it can be solved in accordance with the contract.
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