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After the quality problem of the house, first look at whether the quality warranty period of the house has passed, if not, the quality of the house can be complained to the local quality inspection station;
Negotiate with the developer: If you find a quality problem, first find the developer, because the buyer has a direct contractual relationship with the developer. As the producer and seller of commercial housing, the developer bears the ultimate responsibility for the quality of commercial housing;
The quality relationship between the developer and the buyer is bound by the "Commodity Housing Purchase and Sales Contract" and the "Commodity Housing Residential Quality Assurance Certificate", if the buyer claims compensation for losses due to quality problems, the developer shall compensate the buyer, and the developer will then claim compensation from the responsible unit according to the contract according to the quality reasons;
If there is a dispute over the quality warranty liability of the commercial housing, if the developer does not solve the problem, or is not satisfied with the developer's solution, the parties may apply to the construction project quality supervision agency for organizational identification or complain to the construction administrative department;
For issues that affect the structural safety of the house, the household can directly entrust a unit with the statutory structural safety appraisal qualification to conduct an appraisal of the house, and the appraisal conclusion can be used as evidence for civil compensation;
Initiate arbitration or file a lawsuit in the people's court in accordance with the law. If none of the above avenues can be resolved, the buyer can sue the developer according to the law and his own actual situation.
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You can find a housing appraisal agency to do an appraisal, and then proceed to the next step according to the results. If there is a problem, you can negotiate with the developer, or the consumer association, or even sue.
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Legal analysis: If you have any objections to the quality of the house, you should complain to the Housing and Urban-Rural Development Bureau.
Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 33 Real estate development enterprises shall bear the responsibility for the quality warranty of the commercial houses sold. The parties shall make an agreement on the scope of the warranty, the warranty period, the warranty liability, etc.
The warranty period is calculated from the date of delivery.
The warranty period of commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project contractor to the construction unit; If the duration is less than the minimum warranty period determined in the Provisions, the warranty period shall not be lower than the minimum warranty period determined in the Provisions.
The warranty period of non-residential commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project contractor to the construction unit.
If the quality problems that occur within the warranty period and fall within the scope of the warranty, the real estate development enterprise shall fulfill the warranty obligation and bear the responsibility for compensation for the losses caused. The real estate development enterprise shall not be liable for any damage caused by force majeure or improper use.
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Summary. Call 12315 to file a complaint with the Consumer Association. If there is a quality problem in real estate, you must first find a developer, and you can ask the developer to repair it according to different situations.
If the developer is not willing to take responsibility, he can complain to the local housing and urban-rural development bureau or to the consumer association by calling 12315. If the employer cannot solve the problem or is not satisfied with the employer's solution, the party concerned may apply to the construction project quality supervision agency for organizational appraisal or complain to the construction department. Residents can directly entrust a unit with statutory structural safety appraisal qualifications to conduct an appraisal of the house, and the appraisal conclusion can be used as evidence for civil compensation.
Initiate arbitration or litigation in the people's court in accordance with law. If the above methods cannot be resolved, the buyer may sue the developer in accordance with the law and the actual situation of the developer.
Hello, I am a partner lawyer of the platform and have received your question.
Call 12315 to file a complaint with the Consumer Association. If there is a quality problem in real estate, you must first find a developer, and you can ask the developer to repair it according to different situations. If the developer is unwilling to take responsibility for the hunger, he or she can complain to the local Housing and Urban-Rural Development Bureau, or they can call 12315 to complain to the consumer association.
If the employer cannot solve the problem or is not satisfied with the employer's solution, the party concerned may apply to the construction project quality supervision agency for organizational appraisal or complain to the construction department. Residents can directly entrust a unit with statutory structural safety appraisal qualifications to conduct an appraisal of the house, and the appraisal conclusion can be used as evidence for civil compensation. Initiate arbitration or litigation in the people's court in accordance with law.
If the above methods cannot be resolved, the buyer may sue the developer in accordance with the law and the actual situation of the developer.
It is recommended that you first negotiate with the real estate developer, and if the negotiation fails, you can complain to the local Housing and Urban-Rural Development Bureau, or you can call 12315.
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If there is a problem with the quality of the house, you should complain to the real estate management department and the consumer association. The buyer can refer to the purchase contract, and request the developer to repair and compensate for losses according to the terms of the contract against the quality problems of the house in accordance with the provisions of the contract; If the main structure of the house cannot be delivered for use due to unqualified quality, or the quality of the house is verified to be unqualified after delivery, the buyer can check out.
1. The following problems belong to the quality of the house:
1. The building is unstable. It is manifested as sinking after the settlement period; Uneven settlement causes the building to tilt; The overall strength is insufficient, and the building is shaken or swayed in strong winds; Due to the imperfect structure, the load capacity of part or all of the load-bearing system is insufficient, resulting in the hidden danger of partial or total collapse of the building;
2. Cracks. This includes cracks in walls and floor slabs. Cracks are divided into strength cracks, settlement cracks, temperature cracks, and deformation cracks, which are caused by insufficient material strength, uneven stress of structure and wall, insufficient tensile and extrusion strength, uneven settlement of the building, quality of building materials, and insufficient drying after masonry.
3. Leakage. Roof leakage due to imperfect waterproofing process and poor quality of waterproof materials, horizontal leakage from the kitchen and bathroom to the outside, and vertical leakage to the downstairs, vertical leakage is mostly seen at the junction of various pipelines and floor slabs;
4. The wall is empty and the wall skin falls off. The connection between the blocks and layers inside the wall is not good, and a hollow is formed under the action of pressure and temperature difference, which reduces the overall compressive capacity of the wall and makes the surface stucco layer easy to fall off. Sometimes, in the case of no hollow drum, due to the quality of the stucco material on the surface of the wall, the stucco process does not meet the requirements, and it will also cause a large area of the wall skin to fall off;
5. Poor airtightness and deformation of doors and windows. Some doors and windows start from the installation of the bridge rotten, and some have the problem of poor sealing, part of the material or overall deformation after a period of use, and the serious ones cannot cut off the line of sight, block the wind and rain, and some cannot be closed and opened.
Article 61 of the Construction Law of the People's Republic of China stipulates that the so-called unqualified quality of the main structure here includes two situations, obtaining the completion acceptance record form of the housing construction project, distinguishing different situations, the quality of commercial housing can usually be divided into the following three situations, the environmental protection department inspects the house, and the house is delivered before it is completed and used: First, the house is not accepted before delivery or the experience is unqualified, and it has other completion conditions stipulated by the state, and reasonable claims are made in accordance with the law. If the acceptance is qualified, the quality qualification document shall be signed and properly resolved through legal procedures; Finally, the construction unit shall file with the construction administrative department where the project is located, and the buyer requests to terminate the contract and compensate for losses; and apply for planning, which should be supported and designed; If the quality of the main structure of the house is unqualified or unqualified, the construction unit shall organize a survey. After the completion experience of the construction project is qualified, the quality of the main structure of the house is verified to be unqualified
Due to the unqualified quality of the main structure of the house, it cannot be delivered.
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The Housing Bureau or the Housing and Construction Planning and Management Committee (CCA) or the Consumer Association.
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You can file a complaint with your local housing authority.
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If there is a dispute over the quality warranty liability of the commercial housing, if the developer does not solve the problem, or is not satisfied with the developer's solution, the parties may apply to the construction project quality supervision agency for organizational identification or complain to the construction administrative department;
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