If there is a quality problem in the hardcover room, how to bear the responsibility for maintenance

Brief introduction of the case: If there is a quality problem in the hardcover room, how to bear the responsibility for maintenance.

On March 13, 2013, Xie purchased a set of Xinyayuan commercial housing developed by A real estate company, and the two parties signed the "Commercial Housing Purchase Contract", which stipulated that the house purchased by Xie was a hardcover house, and the decoration quality warranty period was five years from the date of completion and acceptance. In August 2014, Xie checked in. However, since 2016, the decoration quality of the house has been frequent, with tiles falling, walls cracking, and door deformation.

Moreover, A real estate company was negligent in performing its maintenance responsibilities, and Xie had no choice but to file a lawsuit.

The arbitral tribunal held that the developer should bear the responsibility for the repairs.

After the trial investigation, the completion acceptance report of the real estate shows that the completion acceptance time is June 16, 2014, and the "Commercial Housing Purchase Contract" stipulates that the warranty period for the decoration quality of the hardcover house is five years from the date of completion acceptance, according to which the house decoration is still within the warranty period agreed in the contract, and the developer should bear the responsibility for maintenance if there is a quality problem.

Lawyer's statement: During the warranty period, the developer should bear the responsibility for repairs.

The "Measures for the Quality Warranty of Housing Construction Projects" stipulates that under normal use conditions, the minimum warranty period is as follows:

1. The minimum warranty period is 5 years for roof waterproofing projects, toilets, rooms and external walls with waterproof requirements;

2. For infrastructure engineering, foundation engineering and main structure engineering of housing construction, the reasonable service life of the project specified in the design documents;

3. The installation and decoration of electrical pipelines, water supply and drainage pipelines, equipment and decoration projects shall be two years.

4. The warranty period for other items shall be agreed between the employer and the contractor.

According to the provisions of the measures, the warranty period shall be calculated from the date of completion acceptance, and the specified warranty period shall be the minimum warranty period, and the specific warranty time shall be based on the contract between the construction unit and the construction unit.

Combined with the actual situation of this case, the Commodity Housing Purchase Contract stipulates that the warranty period for the decoration quality of the hardcover house shall be within five years from the date of completion and acceptance, which is in line with the minimum warranty period stipulated in the Measures for Quality Warranty of Housing Construction Projects. The completion and acceptance of the real estate where the house involved in the case was completed and accepted was June 16, 2014, so the house was still within the maintenance warranty period when Hu filed the lawsuit, so the developer should bear the responsibility for the maintenance of the quality problems.

and the seller is responsible.

In practice, if there is a quality problem in the hardcover house, if the house decoration is still within the warranty period agreed in the contract, the developer will bear the responsibility for maintenance.

And, depending on the problem, the minimum insurance period is specified as follows:

1) Roof waterproofing works, toilets with waterproof requirements, rooms and external walls of leakage, the minimum warranty period is 5 years;

B) infrastructure engineering, housing construction foundation engineering and main structure engineering, for the design documents specified in the project of the reasonable use of auspicious life;

3) Two years for the installation and decoration of electrical pipelines, water supply and drainage pipelines, equipment;

4) The warranty period for other items shall be agreed upon by the contract issuing party and the contracting party.

1. How to deal with the malicious obstruction of the owner's decoration property company.

The owner has the right to decorate his house, if the decoration is not compliant, the property management company can stop it, if it is maliciously obstructed without reason, you can complain to the neighborhood committee.

Tasks of the Residents' Committee:

1) Publicize the Constitution, laws, regulations, and national policies, safeguard the lawful rights and interests of residents, educate residents to fulfill their obligations in accordance with the law, protect public property, and carry out various forms of activities to build socialist spiritual civilization;

2) To handle the public affairs and public welfare undertakings of residents in their respective areas of residence;

3) Mediation of civil disputes;

4) Assist in the maintenance of public order;

5) Assist the people** or its dispatched organs to do a good job in public health, family planning, preferential care and relief, youth education, and other work related to the interests of residents;

6) To reflect the opinions, demands and suggestions of residents to the people** or to its dispatched organs.

Property Management Regulations

Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and promptly report to the relevant administrative departments.

After receiving the report of the property service enterprise, the administrative department of the transportation customs shall stop the illegal acts or deal with them in accordance with the law.

Article 52 Where the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance.

Property management service enterprises shall inform the owners of the prohibitions and precautions in the decoration and decoration of the house.

2. After the buyer finds that the house has quality problems, it can be dealt with as follows.

1) Negotiate with the developer first. After finding the other party, explain the specific problem as follows, and ask the other party to report for repair in time.

2) Contact consumer associations. After finding a housing developer, if the other party refuses to report for repair as agreed, and the dispute is not very big, you can go directly to the local consumer association for help.

3) Go to arbitration or litigation. If the developer still refuses to solve the problem after the above methods, the buyer can first collect and sort out sufficient evidence, such as the original contract, bill of materials, payment invoices and other evidentiary materials.

First, some small quality defects.

For example, a relatively small range of hollow drums, lack of fittings in doors and windows, inadequate sealing, inflexible opening, etc., these problems can be directly reported to the property or developer for processing, and the property or developer will arrange special construction personnel to carry out the maintenance work of the problem.

Second, some large-scale quality problems, directly lead to the owner can not complete the move-in.

For example, water leaks in the house, etc. If the owner has not completed the procedures for receiving the house, then the owner can request to refuse to accept the house in accordance with the law, and then go through the check-in procedures after the developer has rectified all the quality problems. In addition, the developer may also be required to bear the liability for breach of contract caused by the delay in delivery according to the relevant provisions of the contract; If the owner has completed the check-in procedures and discovers these problems after moving in, the owner has the right to ask the developer to bear the losses during the maintenance period to protect his own rights and interests.

3. Problems such as cracks and exposed tendons in the house.

At this time, the owner has the right to ask the developer to find out the cause as soon as possible, and to request a report from the national professional appraisal department to prove whether there are serious safety structural problems in the house. If there is no safety structure problem, the developer can be required to carry out routine maintenance and rectification, and the loss during the rectification period shall be borne by the developer; If it is confirmed that there are indeed serious safety structural problems with the house, then the owner has the right to request to move out and the developer will be liable for the breach of contract.

If the developer refuses to move out, then the owner has the right to request the developer to issue a design rectification plan from the design department, strengthen and rectify the house, ensure the safe structure of the house, and the developer shall be responsible for the rectification losses during the period.

First of all, buyers need to understand that most of the time the responsible party for the maintenance of housing quality problems is not the developer itself, but the contractor of the community, which includes civil engineering units, as well as subcontractors such as doors and windows, railings, and decoration companies. If it does not involve the developer taking money for maintenance, the general problem is still willing to be solved by the developer.

Legal analysis: the owner should keep the original purchase contract, if the contract does not stipulate the brand used by the developer, etc., but also keep the brochure that affects the purchase of the house; In the decoration, the brand, model and other materials used are also retained as the basis for rights protection.

Legal basis: Article 579 of the Civil Code of the People's Republic of China: If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

Legal analysis: The owner should keep the contract signed at the beginning of the purchase of the house, if the contract does not stipulate the brand used by the developer, etc., but also to keep the brochure that affects the purchase of the house; In the decoration, the brand, model and other materials used are also retained as the basis for rights protection.

Legal basis: Civil Code of the People's Republic of China Article 579 If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Many people do not know how to solve the compensation for quality problems after delivery, in fact, there are two situations: 1. The quality of the main structure of the house. According to Article 32 of the Regulations on the Administration of Urban Real Estate Development and Operation:

After the delivery of the commercial house, if the purchaser believes that the quality of the main structure is unqualified, it can apply to the project quality supervision unit for re-inspection. After verification, if the quality of the main structure is unqualified, the purchaser has the right to check out; If any loss is caused to the purchaser, the real estate development enterprise shall be liable for compensation in accordance with the law. Article 15 of the "Measures for the Administration of Commodity Housing Sales" stipulates:

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 request to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law. Second, the quality of the main structure of the non-house.

In case of non-main structural problems such as waterproofing of the house, if the two parties have a special agreement in the purchase contract, the agreement shall be implemented; If there is no special agreement between the parties in the purchase contract, the buyer should negotiate with the developer to settle the matter, but generally the developer will not agree to move out. In the event of such problems, such as within the statutory warranty period and scope, the developer shall bear the responsibility for quality warranty in accordance with the law, and if the warranty scope and period are exceeded, paid maintenance shall be implemented. Among them, the cost of overhaul, renewal and renovation of the common parts of the house and the common facilities and equipment shall be paid from the public maintenance**; If it belongs to the buyer's own use of the parts and equipment, the owner shall bear the cost.

If the developer fails to perform the warranty obligation in time during the statutory warranty period, the buyer has the right to require the developer to bear all the economic losses caused to the buyer. Generally speaking, after the delivery of commercial housing, it is rare for quality problems to occur in the main structure of the house, and a large number of non-main structure problems occur. Therefore, it is recommended that when signing the purchase contract, the buyer should pay attention to the agreement on the quality of the house, and pay attention to the agreement, warranty period and warranty scope of the house quality in the "Residential Quality Assurance Certificate" issued by the developer at the time of repossession.

Summary. Hello, thank you for your patience, the hardcover room decoration quality problems are dealt with as follows: first get in touch with the decoration company, the quality problems to the decoration company to explain, all the decoration done by the decoration company, can be warranted, the warranty period is one year.

Specifically, the following problems can be warranted; Cracking and deformation caused by seasonal temperature differences (including veneers, wall and floor tiles, wood, finished products, etc.); Problems caused by the quality of construction, such as leaking water pipes, short circuits in circuits, etc. If there is a quality problem during the warranty period, the user can directly find the person in charge of the company where the original construction team is located, if it is confirmed that it is a construction quality problem, the decoration company must unconditionally change the work and materials for the user, and cannot be delayed.

Hello, thank you for your patience, the hardcover room decoration quality problems are dealt with as follows: first get in touch with the decoration company, the quality problems to the decoration company to explain, all the decoration done by the decoration company, can be warranted, the warranty period is one year. Specifically, the following problems can be warranted; Cracking and deformation caused by seasonal temperature differences (including veneers, wall and floor tiles, wood, finished products, etc.); Problems caused by the quality of construction, such as leaking water pipes, short circuits in circuits, etc.

If there is a quality problem during the warranty period, the user can directly find the person in charge of the company where the original construction team is located, if it is confirmed that it is a construction quality problem, the decoration company must unconditionally change the work and materials for the user, and cannot be delayed.

If the quality of the hardcover house is not up to standard, the buyer may request to terminate the contract and compensate for losses. If the other party refuses to compensate, you can file a lawsuit with the local personnel court!

Where a people's court receives a complaint or oral complaint and, upon review, finds that the requirements for initiating litigation are met, it shall file the case within 7 days and notify the parties; where it is found that the requirements for initiating litigation are not met, a ruling shall be made to not accept it within 7 days; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

What should I do if there is a problem with the decoration quality of the hardcover room?

Negotiate with the developer first: find the developer to explain the specific problem clearly and ask the developer to deal with it in a timely manner; 2. Contact the consumer association: If the developer does not deal with it in time and deliberately delays the maintenance time, you can directly go to the local consumer association for help; 3. Go to arbitration or litigation to deal with

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law in the Trial of Cases of Correction of Disputes in the Sale and Purchase of Commercial Housing".

Article 12 Where the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unqualified due to the unqualified quality of the main structure of the house, or if the quality of the main structure of the house is found to be unqualified after the delivery of the house, it shall be supported.

Article 13 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 the time limit, the buyer may repair them on its own or by entrusting others to do so. The cost of repair and other losses caused during the repair period shall be borne by the seller.