How to deal with the quality problems of commercial housing?

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.

Chengye Zhong'an and Chengye house inspection.

1. The details of rights protection are as follows, according to the relevant provisions 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, there are three types of housing quality problems:

The unqualified quality of the main structure of the house refers to the failure of the house to pass the acceptance or is determined to be non-conforming to the quality requirements after verification, such as structural cracking, tilting, collapse and other problems such as foundation and load-bearing wall, which should be regarded as a problem in the main structure.

2 .Quality problems that seriously affect normal residential use refer to situations that affect the normal use and use of the house by buyers due to housing quality problems. If the power supply and water supply cannot be normal.

3 .Other quality issues. Such as water seepage in the house, peeling off the wall skin, etc.

2. Buyers can take the following measures to protect their legitimate rights and interests in response to housing quality problems:

1.If the quality of the main structure of the house delivered by the developer is unqualified, the housing engineering quality supervision unit where the house is located shall be requested to inspect first, and the developer shall be required to check out after obtaining the certificate of unqualified housing quality appraisal, and the developer shall bear the liability for compensation if the loss is caused. If the developer ignores the reasonable and legitimate demands of the buyers, it may file a complaint with the consumer association or file a lawsuit with the court.

2.During the warranty period, the developer can request the developer to repair the housing in accordance with the provisions of Article 31 of the Regulations on the Administration of Urban Real Estate Development and Operation, which stipulates that "the real estate development enterprise shall bear the warranty responsibility for the commercial housing when it is delivered for use".

The way to deal with the quality of commercial housing is as follows: buyers can negotiate with the developer in advance and ask the developer to rectify within a time limit; If the defects in the quality of the house cannot be repaired or still cannot meet the agreed quality standards after repair, the buyer may request to terminate the house sale contract and require the developer to compensate for the corresponding losses.

1. What are the legal conditions for terminating the housing sales contract?

The legal conditions for terminating the housing sales contract are: overdue delivery of the house for more than a certain period of time; The quality of the house does not meet the standards agreed in the contract, cannot be repaired, or still cannot meet the agreed quality standards after repair; The property ownership certificate cannot be obtained in accordance with the contract due to the fault of the developer; The area error ratio is more than 3% of the absolute value; The developer changes the planning and design without authorization; The buyer refuses to pay the price of the house.

2. What should I do if the house acceptance is unqualified?

The way to deal with unqualified housing acceptance is: 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 according to the quality problems of the house; If the main structure of the house cannot be delivered for use due to the unqualified quality, or the house is indeed unqualified after being delivered for use, the buyer can check out.

3. The issue of termination of the contract by the housing sales intermediary.

The intermediary housing sales contract can be terminated under the following circumstances: the two parties have reached an agreement through consultation; Late delivery of the house exceeds a certain period of time; The quality of the house does not meet the standards agreed in the contract, cannot be repaired, or still cannot meet the agreed quality standards after repair; The property ownership certificate cannot be obtained in accordance with the contract due to the fault of the developer; The area error ratio is more than 3% of the absolute value; The developer changes the planning and design without authorization;

Article 35 of the Administrative Measures for the Sales of Commodity Housing.

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 development enterprise shall be liable for compensation in accordance with law.

Article 563 of the Civil Code.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

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 of the round spine shirt requests to terminate the contract and compensate for losses due to the quality of the house seriously affecting the normal residential use, 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. Wild stool.

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 the quality problems of commercial housing are found, the real estate development enterprise can be required to bear the responsibility for quality warranty, and the quality problems that occur within the warranty period that fall within the scope of the warranty shall be fulfilled by the real estate development enterprise and shall be liable for compensation for the losses caused. In accordance with the relevant provisions, if the quality of the house seriously affects the normal residential use, and the buyer's request for rescission of the contract and compensation for losses shall be supported.

1. What to do if there is a quality problem in the commercial housing 1. The housing delivered by the developer does not belong to the general quality problems of the main structure, during the warranty period, the buyer can request its maintenance according to Article 31 of the "Regulations on the Administration of Urban Real Estate Development", and "the real estate development enterprise shall bear the warranty responsibility for the commercial housing when it is delivered". 2. If the quality of the main structure of the house delivered by the developer is unqualified, the housing engineering quality supervision unit where the house is located shall be requested to inspect it, and the developer may be required to check out after obtaining the certificate of unqualified housing quality appraisal, and the developer shall bear the liability for compensation for the losses caused thereby. 2. How to deal with the quality of the house 1. When there is a quality problem in the house, the resident should first test the housing problem through the housing quality inspection agency, clarify the cause of the problem in the quality of the house, and fix the evidence of the damage to the house by taking photos or recording the house by the housing inspection agency on the spot.

2. After obtaining the housing quality appraisal report, you should pay attention to see whether the house is still within the warranty period. If the house is under warranty, the resident may request the seller to repair the house and compensate for the loss, and if the residence is seriously affected, the resident may also request to cancel the purchase contract. If the house has expired the warranty period, the residents can solve the maintenance problem through the public maintenance of the house established by the property management party (except for exclusive properties), but if the housing quality problem is identified by the testing agency and the main structure is found to be unqualified, the buyer still has the right to request the cancellation of the housing sales contract.

3. For the house that has exceeded the reasonable service life, the property owner shall bear the responsibility for the repair and maintenance of the house. In addition, if the damage to the house is not due to quality problems, but due to force majeure or accidents such as fires, hurricanes, etc., then residents who have taken out property insurance can claim compensation from the insurance company for related losses.

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.