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After the house is handed over, it is necessary to carry out a house inspection, and the house inspection finds quality problems such as cracks in the house, how to make the developer compensate? What if there are cracks in the house after a home inspection? Generally, the compensation shall be borne by the developer, and the legal route should be taken if the situation is more complicated.
According to the provisions of the Interpretation 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, the quality problems of commercial housing can usually be divided into the following three situations from mild to severe:
1 General quality issues that fall within the scope of the warranty. Such as slight cracks and hollowing of walls or floors.
Problems such as local water leakage and water seepage on the roof or walls. The buyer may stipulate in the second paragraph of Article 13 of the Interpretation: "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. In other words, the developer must rectify it. If the delay is made, the developer will have to pay not only the necessary costs, but also compensation.
2. The quality of normal residential use has been seriously affected. Paragraph 1 of Article 13 of the Interpretation stipulates that: "If the buyer's request for rescission of the contract and compensation for losses is seriously affected by the quality of the house, it shall be supported."
Whether it has constituted a "serious impact on normal residential use".
In judicial practice, it is necessary to pass the appraisal of the relevant departments, and the court is to make a comprehensive assessment based on the facts of the case.
3. The quality of the main structure of the house is unqualified. Article 12 of the Interpretation stipulates that: "If the buyer requests to terminate the contract and compensate for losses due to the unsatisfactory quality of the main structure of the house that cannot be delivered for use, or if the quality of the main structure of the house is found to be unsatisfactory after the delivery of the house, it shall be supported."
For example, some owners find that there are penetrating cracks in the cast-in-place slab after moving in, which directly affects the safety of the occupants. The owner can ask the developer to issue a safety appraisal of the house.
Corrective action plan approved by the institution. After the rectification is completed, the housing safety appraisal agency should also be asked to conduct a re-inspection.
In addition, it is necessary to remind the buyer that when going through the handover and check-in procedures for the commercial housing, the developer should be required to show the "Record Form for Completion and Acceptance of Construction Project" of the real estate to check whether the project is qualified by experience.
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The lawsuit was due to the fact that the real estate company had no one to manage the matter.
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Dear, hello, I'm happy to answer your questions, cracks in the new house must be a quality problem, there are many factors in the cracking of the floor slab, such as shrinkage after the concrete is poured, generally speaking, it will occur when the initial solidification, and the construction is not up to standard, and the later maintenance has a direct relationship. Moreover, if a crack is found in the house inspection or within the warranty period, it can be directly reported to the developer, and the developer will repair it, and the cost incurred should basically be borne by the developer. The cracking of the floor slab also needs to look at the size of the gap, if it is within the scope of the specification, such as within the millimeter, it is not a big problem, and it can be solved by grouting treatment in the later stage.
However, if the gap is relatively large, it is a quality problem, and the epoxy grip shed resin can be filled with tung beads to achieve the effect of sealing.
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Summary. Hello Kiss is happy to answer this question for you. Cracks in the house are a problem with the quality of the house.
Reasons for cracks in the house:1Temperature difference cracks - in the form of regular figure-eight joints, inverted figure-eight joints, horizontal joints, etc. Taking the brick-concrete multi-storey house structure as an example, when the roof is a reinforced concrete slab and the wall is a brick wall, the wall is particularly prone to temperature difference cracks, especially at the top floor and the root of the parapet.
2.When the overall stiffness of the building is poor, and the foundation is not enough to adjust the stress caused by the settlement difference, it will produce tensile and shear stress in some parts of the brick masonry, and when it is not enough to resist the deformation stress, it will produce cracks 3Other Causes of Cracks:
In addition to temperature difference cracks and uneven settlement cracks, there are some other factors that cause cracks in brick-concrete walls. cracks that arch due to certain loads being borne directly by the brick masonry; Vibrations and horizontal forces generated by non-destructive** can also cause cracks in some weak parts of the brick masonry; Some substandard building materials can also cause cracking in masonry. Corresponding measures should be taken to prevent and repair these cracks in a timely manner.
Hello Kiss is happy to answer this question for you. The cracks in the house collapse are a problem with the quality of the house. Reasons for cracks in the house:
1.Temperature difference cracks - in the form of regular eight-figure joints, inverted eight-figure joints, horizontal joints, etc. Taking the brick-concrete multi-storey house structure as an example, when the roof is a steel reinforced concrete slab and the wall is a brick wall, the wall is particularly prone to temperature difference cracks, especially the top floor and the root of the parapet. 2.
When the overall stiffness of the building is poor, and the foundation is not enough to adjust the stress caused by the settlement difference, it will produce tensile and shear stress in some parts of the brick masonry, and when it is not enough to resist the deformation stress, it will produce cracks 3Other causes of cracks: In addition to temperature difference cracks and uneven settlement cracks, there are some other factors that cause cracks in brick-concrete structure walls.
cracks that arch due to certain loads being borne directly by the brick masonry; The vibrations and horizontal forces generated by non-destructive** can also cause cracks in some weak parts of the brick ridge body; Some substandard building materials can also cause cracking in masonry. Corresponding measures should be taken to prevent and repair these cracks in a timely manner.
The bathroom was found to be broken, and the developer only did it waterproofing, is it reasonable.
It is unreasonable, the developer material in general, not disabled.
Developers do this only to treat the symptoms but not the root cause, can not fundamentally solve the problem of water leakage, now the erection in the friendship travel is not leaky is a short number of bench temporary time. The only effective way to solve the problem of water leakage is to do a good job of waterproofing the upstairs bathroom to ensure that the leak can be repaired.
Now that it is done without leakage, will he have an impact in the later stage?
Yes, it has an impact.
A more permanent approach is to waterproof the interior.
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It doesn't have to be a quality issue. If it is a crack in the wall caused by the expansion and contraction of the house material, temperature change, etc., this is allowed to exist and does not belong to the quality of the house; If it is a crack in the depth of the wall caused by the slow construction quality problem, or the wall crack caused by geological settlement, this belongs to the problem of whether the quality of the house is bent or not.
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Legal analysis: There is no specific compensation standard for cracks in commercial housing, and general quality problems are only responsible for warranty, and if they are serious, go through legal procedures.
Legal basis: Article 13, Paragraph 2 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 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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Legal Analysis:
There is no specific compensation standard for cracks in commercial housing, and general quality problems are only responsible for warranty.
Legal basis: Article 13, Paragraph 2 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 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 hail 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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