How to solve the problem of the quality of commercial housing?

There are different ways to deal with different quality problems in law. If the main structure of the house cannot be used due to unqualified quality, the buyer may request to terminate the contract and compensate for losses.

Article 12 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: "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 unqualified after the delivery of the house, the buyer's request to terminate the contract and compensate for losses shall be supported." ”

Article 13: "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." 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 the above provisions, if the quality of the main structure of the commercial house is not up to standard, the buyer has the right to request to move out. However, the buyer should first apply to the project quality supervision unit for re-inspection, if the quality of the main structure is indeed unqualified, the real estate development company should go through the check-out procedures, return the purchase price, and should compensate the buyer for the loss caused by the unqualified quality of the main structure of the house.

If the commercial house seriously affects the normal residential use due to quality problems, the buyer also has the right to ask to move out and claim compensation for losses.

If the commercial housing is a part other than the main structure that has quality problems and does not seriously affect the normal residence, then the buyer can only ask the developer to be responsible for the repair, but has no right to ask to move out. Of course, if the original function of the house is affected due to maintenance, the developer shall be responsible for compensating for the loss.

Therefore, you can first apply for the project quality supervision unit indicated in the "Residential Quality Assurance Certificate" to apply for re-inspection, if the main structure of the house is unqualified, you have the right to ask to check out and ask the developer to compensate for the loss, if it is not the main structure of the house, you have the right to ask the developer to repair and ask the developer to compensate for the loss.

To sum up, when there is a problem with the quality of the house, it is necessary to decide what means to take to protect your rights according to different situations. The law provides for a variety of methods, and the parties should weigh which one is more beneficial to them to choose.

If it is not a problem with the main structure, it can continue to live after repair, and the developer should repair it, but the developer does not ignore it, and the owner can repair it by himself, and the cost is borne by the developer. Prosecution is sufficient.

The quality problem of this commercial housing is actually relatively common, a phenomenon, so it is necessary to contact a real estate development department, or a property company or something like that.

Find a professional organization and undertake a home inspection.

When encountering quality problems in commercial housing, the buyer may refer to the original purchase contract, determine the responsible party according to the terms of the contract against the quality problems of the house, and require the responsible party to compensate for losses in accordance with the law; If the main structure of the house cannot be delivered for use due to unqualified quality, or the quality of the main structure of the house is indeed unsatisfactory after the house is delivered for use, the buyer may move out.

[Legal basis].Article 35 of the Measures for the Management and Management of Commodity Housing Sales.

After the commercial housing is delivered, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to move out; If losses are caused to the buyer, the real estate trillion lead production development enterprise shall be liable for compensation in accordance with law.

Article 617 of the Civil Code.

If the subject matter delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract in accordance with the provisions of Articles 582 to 584 of this Law.

For home buyers, it is necessary to carefully inspect the house when the house is delivered. When there is a quality problem in the house, the buyer can apply for an appraisal of the quality of the house. If it is proved that the quality of the main structure of the house is unqualified, or if it can be proved that the quality of the house is defective, and the serious judgment affects the normal residence and use of the buyer, then the buyer can exercise the right to terminate the contract, request to terminate the contract, check out and refund, and the developer also needs to bear the liability for breach of contract to the buyer in this case.

If there are quality problems in the house, but it does not reach the level of seriously affecting the normal residential use, then the buyer generally cannot ask to terminate the contract, check out and refund, but can ask the developer to repair.

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

Article 9 If the main structure of the house cannot be delivered for use because the quality of the main structure of the house is not up to standard, or if the quality of the main structure of the house is found to be unqualified after the house is delivered for use, the buyer's request for rescission 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 entrust others to make repairs on its own or by the person who sells the silver. The seller shall bear the cost of repair and other losses caused during the repair period.

After there is a problem with the quality of the house, the owner can take three ways to solve it: 1. Negotiate with the developer. Because the house is bought from the developer, the developer has a basic guarantee responsibility for the quality of the house.

The developer must ensure that the quality of the property complies with the provisions of the law and is suitable for the owner's habitation. Therefore, when there is a problem with the quality of the house, the owner should first negotiate with the developer and ask the developer to provide repairs or take other measures. 2. Complain to the construction engineering quality supervision department.

If it is difficult to reach an agreement in the process of returning to Fangchang negotiated with the developer, and it is difficult for the big model to solve the housing quality problem, then the owner can complain to the construction project quality supervision department. The quality supervision department will urge and require the developer to explain the quality of the house, and require the developer to fulfill the corresponding maintenance obligations. 3. Filing a lawsuit with the court.

The owner can also file a lawsuit in court without going through the process of negotiation and complaint, or if the negotiation or complaint fails. Housing quality problems belong to the liability for breach of contract, and the law has made corresponding provisions on housing quality problems, and in accordance with the provisions of the law, the buyer can not only ask to move out, but also claim compensation for losses. Article 30 of the Regulations on the Administration of Urban Real Estate Development and Operation.