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When buying, how the terms of the contract are stated. This is important, if you don't explain it, to get to know the other owner's house, is there a similar problem?
The balcony is sloping downwards and the balcony floor is sloping?
This is a very serious problem, and if you have a new house, you can file a complaint with the consumer association.
Construction drawings are evidence. It's impossible to make a different house.
The national standard stipulates that when there is a contradiction between the construction drawing and the structural drawing, the structural drawing shall prevail. This is mandatory.
When the architectural drawing is different from the structural drawing, the original design unit must be notified to explain, and if there is an error, a change notice must be issued. The question is a three-step process; First, when the elevation of the architectural drawing and the structural drawing is different, it should be used in the main body.
The elevation of the structural drawing shall prevail In the construction of doors and windows, the elevation of the building drawing shall prevail
Second, when the size of the architectural drawing and the structural drawing are different, the size of the architectural drawing shall prevail
The third is to notify the original design unit to explain, and when there is indeed an error, a notice of change should be issued. Neither the architectural nor the structural drawings can be relied upon, and the unit must be found to make changes, and a notice of design changes must be issued, including text descriptions and necessary change drawings.
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1. You can entrust an independent third party with house inspection qualifications to inspect the house, and if there is indeed a hidden danger of heavy burden and does not meet the conditions for delivery, you can ask the developer to terminate the contract.
2. It is recommended to entrust a local lawyer who is proficient in real estate to intervene.
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In my experience, these quality problems are just flaws in the house, not major structural and functional problems, affecting the residence, you can negotiate with the developer for compensation, and the amount of compensation depends on your negotiation ability, thousands or tens of thousands are possible. In order to increase the persuasiveness, you can entrust an independent third party with house inspection qualifications to inspect the house, and negotiate compensation with the developer with the results. If you are afraid that your strength is not enough, you can also ask a lawyer to intervene.
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You have already received the house, which means that you recognize the house, and it should not affect the quality.
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Above-ground buildings (structures) and seedlings will not be compensated
1) Houses and other buildings (structures) that do not have land use ownership certificates and rural housing ownership certificates;
2) ** Flowers, trees, seedlings and buildings (structures) planted after the date of issuance of land requisition approval;
3) Buildings (structures) on temporary land that have exceeded the approved use period or have not been used for more than 2 years despite the determination of the use period;
4) Buildings (structures) built by illegally occupying collective land;
5) Natural wild miscellaneous thicket. Article 9 In accordance with the provisions of these measures, if it is a housing resettlement object, the demolished house shall be given appropriate compensation with reference to the cost of the farmhouse. In accordance with the provisions of these measures, if it does not belong to the housing resettlement object, the demolished house shall be compensated in accordance with the standard specified in the preceding paragraph by 50%.
Article 10 The houses of land-requisitioned farmers to non-personnel are outside the scope of land acquisition and demolition, and they shall not be demolished, compensated or resettled. However, according to the area of homestead determined by the collective land use ownership certificate, a one-time comprehensive compensation fee shall be paid to the land-expropriated rural collective economic organization according to 1 to 2 times of the average annual output value of the cultivated land in the three years before the expropriation of the cultivated land. After compensation, the rural to non-rural personnel shall enjoy the same treatment as the members of the local rural collective economic organizations in terms of the use of public facilities and the pure judgment of public welfare files.
When the homestead is requisitioned due to national construction, the compensation and resettlement of the house shall be handled in accordance with the relevant provisions at the time of land acquisition. Article 11 The water and electricity facilities of the land-expropriated units (excluding the villagers and households of the land-expropriated villagers) shall be compensated according to the actual installation costs. Compensation for water conservancy projects shall be implemented in accordance with the relevant provisions of the state.
Cable broadcast lines, closed-circuit television lines, and natural gas installation shall be compensated according to the actual installation costs. **Relocation will be compensated according to the standard of relocation fee stipulated by the telecommunications department. The decorations of the demolished house shall be removed by the owner without compensation; If it cannot be dismantled by itself, appropriate compensation shall be given.
If a villager's house is used for other purposes, compensation shall be made according to the housing situation. 12th land requisition and demolition of enterprise buildings (structures) with land use ownership certificates and other legal warrants, after the line of change according to the replacement of ** calculation of compensation, the original buildings (structures) owned by the State, by the land administrative departments responsible for disposal. The relocation loss expenses of the relocated enterprises (including equipment relocation losses, lockdown damage and relocation expenses) are calculated according to 15 to 20 of the net value of the relocated equipment after depreciation.
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Legal analysis: This compensation requires that the person to be demolished must be the owner of the house and must not be an illegal building.
Legal basis: Regulations on the expropriation and compensation of houses on state-owned land" Article 14 Before the people at the municipal and county levels make a decision on the expropriation of houses, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Tongyu is identified as a legal building and a temporary building that has not exceeded the approval period, compensation shall be given; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.
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Hello! 1. Your sister-in-law has no right to receive your father's compensation, but your brother's children have the right to subrogate (your brother) to get a corresponding share. In addition, your sister-in-law, as the guardian of the child, has the right to keep that part of the property.
2. As your father's inheritance, whether your sister-in-law remarries at the time of division has any effect, or the same reason as 1, your sister-in-law has no right of inheritance, only your brother's children have the right of subrogation, and it is the part that your brother should inherit;
3. Your mother can fight for it, but according to the law, as long as your sister-in-law does not agree, she can't win it.
4. Of course, it is not legal for your brother's compensation and your sister-in-law to take it for yourself, in fact, your father's compensation (your father was still alive at the time, and he also has the right to inherit) mother, your sister-in-law, nephew, and daughter have a share.
Suggestion** or monthly in-person consultation, I should be able to help you-
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For your question, first of all, the compensation fee must be paid by the tenant, and the rent in the lease contract only includes the depreciation cost of the tenant's use of the house, that is to say, the tenant does not need to compensate for the normal depreciation caused by the tenant's use of the house, but for the loss caused by improper use of the pipeline, which you said, it should be compensated by the lessee. If the user on the 5th floor asks for compensation, explain the reason to him, and just ask him to find the tenant for compensation.
As for the amount of loss, in fact, you don't have to worry about it if you don't have to pay it. I will answer them together, and if the two parties cannot reach an agreement on the amount of compensation, they can find a loss adjuster to conduct a loss assessment. Compensation is sufficient according to the survey and loss assessment conclusion of the survey and loss adjustment agency.
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The compensation area shall be subject to the area stated in the property right certificate.
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Lawyer's professional answer:
According to Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing, if the seller enters into a contract for the sale and purchase of commercial housing and has any of the following circumstances, resulting in the contract being invalid, revoked or dissolved, the buyer may request a refund of the purchase price and interest paid, compensation for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid:
1) Deliberately concealing the fact that Yu Youchang has not obtained the pre-sale permit certificate of the erection commercial housing or providing a false pre-sale permit certificate of the commercial housing;
2) deliberately concealing the fact that the house sold has been mortgaged;
3) Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been resettled for demolition compensation.
Therefore, if the other party deliberately conceals the fact of the mortgage, you can request a refund of the purchase price and interest paid, compensation for losses, and you can request the seller to bear the liability for compensation not exceeding one time of the purchase price paid.
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You ask the developer to bear the liability for breach of contract, deliver Fang Qingchunzi, and bear the responsibility for violating the contract. You can also ask the developer to return the house payment and compensate for the loss.
Lawyer Mu Yao.
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If the developer fails to perform the corresponding duties, the act of mortgaging the house to others is a breach of contract, and the buyer can require it to compensate for all the losses, and sue the court to settle the matter, and can obtain liquidated damages and an increase in the price of the house.
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You should be compensated for double the amount you paid.
Lawyer Chai Haiyan.
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The developer can be held liable for breach of contract, the amount of which is your actual loss and the price of the house** You need to pay more for the purchase of the same size of house.
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Liability for breach of contract may be claimed.
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Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts provides:
If 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 a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.
According to this provision, the question you raise should not be a quality problem that seriously affects the normal use of the residence. Therefore, the seller should bear the responsibility for repair, and the seller should bear the repair costs and other losses caused during the repair period.
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