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1. Failure to obtain the "Residential Quality Assurance Certificate", "Residential Instruction Manual", and "Completion Acceptance Record Form"; 2. The developer delays the delivery of the building for no reason than agreed in the original contract, and delivers the house more than three months after being urged by the buyer; 3. Without the approval of the relevant departments, the developer changes the housing structure and the supporting environment agreed in the contract without authorization; 4. The developer has changed the structure of the house without the approval of the buyer; 5. If there is no agreement in the contract, and the actual delivery area of the house exceeds the absolute value of the error ratio specified in the original contract by more than 3% (excluding 3%), the house can be refused to be accepted and the purchase contract can be terminated; 6. After being verified by a qualified quality inspection agency, the quality of the main structure of the house is indeed unqualified; 7. Housing quality problems seriously affect normal residential use; 8. It does not have the premise that the roads in the community are unobstructed and the water, electricity, gas and heating have been connected; 9. Unable to provide qualified surveying and mapping data on the area of some houses.
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As the owner of the house, the quality of the house should be accepted, and some quality problems will often be encountered in the process of accepting the house, such as hollowing, sanding, leakage and so on. If there is a problem with the quality, the owner can of course refuse to take possession of the property.
When receiving the house, the owner generally has to sign two documents, one isContract for the sale and purchase of a house, the other isInterim Convention of Owners
Generally, if there is a problem in these places, it is possible to ask the construction party to remediate it and refuse to accept the house, the first priorityAcceptance of all outlets, the second toCheck all windows, the main thing is that the glass must not have scars, whether the screen is broken, and whether it will touch the wall when the window is opened. Thirdly, toCheck the line。Fourth, toCheck that the radiators and balcony railings are secure
Step 5Check the lights and switches, every light should be turned on to see if it is in good condition and whether the switch is in good condition. AlsoCheck that the water coming out of each tap is normal。Finally yesCheck the drainageto avoid water leakage in the later stage.
But be awareGeneral quality problems can not refuse to accept the house, such as non-structural cracks, as long as they do not affect the safety and reliability of the houseAs long as the construction party takes reasonable and effective measures to remedy the situation, it cannot refuse to take possession of the house.
According toArticle 148 of the Contract Law of the People's Republic of China providesBecause the quality of the material does not meet the quality requirements, but the purpose of the contract cannot be achievedThe buyer may refuse to accept the subject matter or rescind the contractIf the buyer refuses to accept the subject matter or terminates the contract, the risk of damage or loss of the subject matter shall be borne by the seller.
If the quality of the house is poor and you refuse to accept the house, it is not wrong to fight for your legal rights and interests, and if necessary, you can take the legal route to fight for your legitimate interests.
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1. Whether it can be rejected depends on how the poor quality is determined, as long as it does not affect the quality of the main structure of the house, it cannot be rejected.
2. For example, the wall skin falls off and cracks, but these small defects can be required to be rectified by the developer and compensated for liquidated damages.
3. If there are other provisions in the contract, the provisions of the contract shall take precedence.
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According to the specific situation in the contract, if there is a difference with the contract, you can negotiate with the developer, and if it is not possible, you can consider using legal means, which are protected by law.
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You Qingsu 1, whether it can be rejected depends on how to determine the quality of the positive credit difference, as long as it does not affect the quality of the main structure of the house, it cannot be rejected.
2. For example, the wall skin falls off and cracks, but these small defects can be asked to be rectified by the developer and compensated for liquidated damages.
3. If there are other provisions in the contract, the provisions of the contract shall take precedence.
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Legal analysis: If a quality problem is found when receiving the house, it can be rejected. When the developer delivers the building, it must provide the "Completion I Acceptance Record Form", "Housing Quality Guarantee" and "Housing Instruction Manual", otherwise it can be rejected, and the resulting delay in the delivery of the responsibility for the development of the building.
Legal basis: "Quality of Regulations on the Administration of Urban Real Estate Development" Article 16 The real estate projects developed and constructed by real estate development enterprises shall comply with the provisions of relevant laws and regulations and the provisions of the construction project quality and safety standards, the technical specifications for the survey, design and construction of construction projects and the provisions of the contract. Real estate development enterprises shall be responsible for the quality of the real estate development projects they develop and construct.
Survey, design, construction, supervision and other units shall, in accordance with the provisions of relevant laws and regulations or the provisions of the contract, bear the corresponding responsibilities.
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