What should I do if I find that there is no acceptance after receiving the house?

Updated on society 2024-07-28
8 answers
  1. Anonymous users2024-02-13

    Claim for liquidated damages.

    and damages. If the property is forcibly taken over by the developer without acceptance, the owner has the right to refuse to take possession of the house, and can use this as a basis to resolve the matter through litigation. If the house delivered by the seller is not up to standard, whether the buyer requests actual performance or rescission of the contract, it does not affect the request for the seller to pay liquidated damages and bear the liability for damages.

    If there is a problem with the quality of the foundation work and the main structure of the house purchased by the buyer, if it can be repaired through reinforcement and other means, and the safety of the building is ensured, the buyer may request the seller to perform its obligations in accordance with the provisions of the law and the contents of the contract.

    Actual performance is a basic principle of contract performance in China, and it is a major remedy that can be taken by the other party after a party breaches the contract. However, it is not appropriate to take such remedial measures in consideration of whether the breaching party can continue to perform and the reasonableness of its continued performance, and if the breaching party is truly unable to continue to perform or will pay a greater price if it continues to perform.

  2. Anonymous users2024-02-12

    The developer may be required to bear the corresponding liability for breach of contract.

    Liability for specific breaches of contract to purchase a house.

    The convention is the main one.

    Both parties confirm the closing process. The owner receives the "Completion Acceptance Record Form" and "Residential Quality Assurance Certificate".

    Residential Instruction Manual" and "Technical Report on Housing Land Surveying and Mapping", and explained by the developer. The owner does a comprehensive acceptance of the new house, that is, the house inspection link.

    The owner proposes improvement suggestions or solutions to the problems existing in the acceptance. The two parties negotiate and reach a written agreement to solve the problems in the delivery according to the content. If the solution cannot be resolved within 15 days, the two parties shall reach a written agreement on the solution and the time limit.

  3. Anonymous users2024-02-11

    Legal analysis: If it is found that there is no completion acceptance report after receiving the house, the developer can be required to bear the corresponding liability for breach of contract, and the specific liability for breach of contract is mainly based on the agreement of the purchase contract.

    Legal basis: "Interim Measures for the Administration of Completion and Acceptance of Housing Construction Projects and Municipal Infrastructure Projects" Article 7 The engineering quality supervision agency shall, within 5 days from the date of completion and acceptance of the project, submit the project quality supervision report to the filing authority. If the construction unit fails to complete the project completion acceptance filing within 15 days from the date of acceptance of the completion of the project, the filing authority shall order it to make corrections within a time limit and impose a fine of not less than 200,000 yuan but not more than 300,000 yuan.

  4. Anonymous users2024-02-10

    After the buyer finally ushered in the delivery date, there may be no time for various reasons, or miss the inspection time, so can the house that has not been accepted at this time be delivered? In response to this problem, let's dig deeper.

    First of all, there are two situations without acceptance, one is that the owner takes the initiative to give up the acceptance and delivery steps; The other is that the property is handed over to the owner without providing acceptance qualifications and opportunities.

    Secondly, if it is the first case, then it is understandable that in the future, if the owner's house is in addition to some problems, it can only be solved through negotiation, especially some major problems affecting the housing are also more troublesome, after all, it was the owner himself who gave up the acceptance of the house.

    For the second case, can the house without acceptance be delivered? The answer is obvious, the owner should do his homework and strive to maximize the benefits of his own rights, after all, this is the owner of the house, especially the first home. So on the issue of whether the house without acceptance can be handed over to this file, it is necessary to pay attention to the following matters for house inspection:

    First, when the property notifies the inspection, you don't need to arrive at the scene as soon as possible, so as to avoid too many people crowding at the same time for acceptance, and the relevant staff can't guide you at all. Second, when inspecting the house, it is necessary to make it clear which key points should be carefully inspected, such as the information that needs to be retrieved and collected, and the relevant records and storage should be made one by one, and it is best to prepare a storage document bag to avoid loss. Third, after clarifying the steps of the house inspection, it is time to enter the house for acceptance, which includes:

    In terms of the structure of the building, such as whether the area is consistent with the previous contract, whether there are obvious defects such as cracks after simple renovation. Careful inspection is also required in terms of drainage and waterproofing, such as checking whether the sewers in the kitchen and bathroom are draining properly and whether there are any leaks.

    Finally, we must be cautious in dealing with the question of whether the house can be handed over without acceptance, after all, some people buy a house that is just needed, and it is the basic right of the owner to accept the house when handing over the house.

    You can get it for free

  5. Anonymous users2024-02-09

    Summary. Kinjing inquiry; The developer's acceptance of the house is usually because there are some quality problems in the house or the delivery is not in accordance with the standards agreed in the contract, and the specific reasons may include the following aspects: 1. Housing quality problems

    During the acceptance process, it was found that there were quality problems in the house, such as cracked walls, hollow floor tiles, and poor doors and windows. 2. Failure to deliver the house in accordance with the contract: The developer fails to deliver the house in accordance with the standards agreed in the contract, such as not completing the decoration and installing electrical appliances.

    3. Environmental problems: environmental problems in the community, such as noise problems, garbage disposal problems, etc. 4. Facility problems:

    Problems of public facilities in the community, such as elevator failure, incomplete fire protection facilities, etc. If the developer fails to pass the acceptance of the house, the buyer can submit a rectification request to the developer in writing, and ask the developer to complete the rectification within the specified time and re-conduct the acceptance. If the developer refuses to rectify or still fails to pass the acceptance after rectification, the buyer can protect his legitimate rights and interests through legal channels.

    Kinjing inquiry; The developer's acceptance of the house is usually because the house has some quality problems or is not delivered in accordance with the standards agreed in the contract, and the specific reasons may include the following aspects: Xutong 1, housing quality problems: During the acceptance process, it is found that the house has quality problems, such as wall cracks, hollow floor tiles, and poor doors and windows.

    2. Failure to deliver the house in accordance with the contract: The developer fails to deliver the house in accordance with the standards agreed in the contract, such as not completing the decoration and installing electrical appliances. 3. Environmental issues:

    Environmental problems in the community, such as noise problems, garbage disposal problems, etc. 4. Facility problems: public facilities problems in the community, such as elevator failure, incomplete fire-fighting facilities, etc.

    If the developer fails to pass the acceptance of the house, the buyer can submit a rectification request to the developer in writing, and ask the developer to complete the rectification within the specified time and re-carry out the acceptance and promotion. If the developer refuses to rectify or still fails to pass the acceptance after rectification, the buyer can protect his legitimate rights and interests through legal channels.

    The developer's acceptance of the house is usually due to some quality problems or failure to deliver the house in accordance with the standards agreed in the contract.

    Do we still have to pay back our inventory?

    Generally, you have to return the pro, and you can ask the property why you are not qualified.

  6. Anonymous users2024-02-08

    Legal analysis: If it is found that there is no acceptance report for the completion of the hidden work after the house is received, the developer can be required to bear the corresponding liability for breach of contract, and the specific liability for breach of contract is mainly based on the agreement of the purchase contract.

    Legal basis: "Interim Measures for the Administration of Completion and Acceptance of Housing Construction Projects and Municipal Infrastructure Projects" Article 7 The engineering quality supervision agency shall, within 5 days from the date of completion and acceptance of the project, submit the project quality supervision report to the filing authority. If the construction unit fails to complete the project completion acceptance within 15 days from the date of acceptance of the completion of the project, the filing banquet and clearing department shall order it to make corrections within a time limit and impose a fine of not less than 200,000 yuan but not more than 300,000 yuan.

  7. Anonymous users2024-02-07

    After receiving the house, it is found that there is no acceptance, and the right holder can terminate the contract and request the developer to compensate for the loss. If both parties have agreed on the way to bear the liability for breach of contract in the sales contract, the developer shall compensate in accordance with the agreed method, and if there is no specific agreement in the contract, the right holder can negotiate with the developer to determine.

    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 main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is found to be unsatisfactory after the house is delivered for use, and the buyer's request for the termination of the contract and compensation for losses shall be supported.

    Article 10. 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 cost of repair and other losses caused during the repair period shall be borne by the seller.

  8. Anonymous users2024-02-06

    If it is found that there is no acceptance after receiving the house, the right holder can request the developer to terminate the contract and compensate for the corresponding losses. If the buyer and the seller have agreed on the way to bear the liability for breach of contract in the sales contract, the developer shall compensate in accordance with the agreed method, and if there is no agreement in the contract or the agreement is not clear, the right holder can negotiate with the developer to determine.

    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 buyer requests to terminate the contract and compensate for losses 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 10. If the buyer's request to terminate the contract and Zheng He to 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.

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