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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.
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Legal analysis: should apply to the engineering quality supervision unit for re-inspection, after verification is confirmed to be the main structure quality is unqualified. The buyer has the right to move out, terminate the contract for the sale and purchase of the commercial house, and demand compensation from the developer.
If the quality of the house purchased by the buyer is not unqualified for the main body, but the quality of the house seriously affects the normal residential use, the buyer can also request to terminate the contract and compensate for the loss.
Legal basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 32 The purchaser of the pre-sold commercial housing shall, within 90 days from the date of delivery of the commercial housing, go through the formalities of changing the land use right and registering the ownership of the house, and the purchaser of the sold commercial house shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of signing the sales contract. Real estate development enterprises shall assist the purchaser of commercial housing in going through the formalities for the change of land use right and the registration of house ownership, and provide the necessary supporting documents.
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Legal analysis: If there is a problem with the quality of the house, the buyer may entrust the project 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.
Legal basis: Administrative Measures for the Sales of Commercial Housing
Article 35 After the delivery of the commercial house, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-verify 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 40 Real estate development enterprises will not organize the completion of acceptance, acceptance of unqualified or blind notice of unqualified according to the acceptance of the commercial housing delivered without authorization, in accordance with the provisions of the Regulations on the Quality Management of Construction Projects.
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<>1. If it is a quality problem of the house itself, the quality of the main structure of the house is unqualified, such as the foundation and load-bearing wall, you can go to the developer for coordination, you can ask for termination, or change to a house without problems. 2. If the sound insulation effect is relatively poor, you can install sound insulation equipment on the wall during the decoration, if the sound insulation effect is found to be poor after the decoration, you can install an additional layer of sound insulation board on the wall after the decoration, which can also play a sound insulation effect.
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Housing quality problems may be found at the time of delivery, but more often than not, it is difficult to find when handing over the house, and it will slowly surface after the owner moves in
1. When receiving the house, it was found that there was a problem with the quality of the house. If the quality of the main structure of the house is found to be unqualified when receiving the house, or if the quality of the main body of the house is found to be unqualified and the inspection by a professional organization is indeed unqualified, the buyer has the right to refuse to accept the house, and can request the developer to terminate the contract and compensate for the loss.
2. If there is a quality problem after the buyer decorates and moves in, it is necessary to determine whether the quality problem is the quality problem of the house itself or the decoration problem
1) If it is a decoration problem, you can only find a decoration company to repair it and ask for compensation for losses during the warranty period.
2) If it is a quality problem of the house itself, during the warranty period, the buyer shall first request the developer for repair, or after the repair is completed, the developer shall be required to bear all the repair costs and reasonable losses caused to himself due to the repair. If the quality problem cannot be effectively solved after multiple repairs, and affects the normal residence of the buyer, the buyer can request to terminate the contract and request the developer to compensate for the loss, which includes the cost of decoration, the interest of the house payment, and the compensation for damages.
1. What are the precautions when buying a house and handing over the house.
1) Quality problems should be guarded against. Before moving in, it is difficult for the average home buyer to know what the quality of the home is. Moreover, most buyers do not have the relevant knowledge, so although according to the relevant regulations, the developer must provide the "completion acceptance record form" and "quality assurance certificate" before the buyer moves in, but problems such as leakage still plague the buyer.
And the property and the developer shirk each other.
Quality problems also involve some professional knowledge, you may wish to ask a professional testing agency and a lawyer to go together, negotiate with the developer in time if there is a problem, and check out in time if you can't solve it and ask the developer to compensate for the loss. If the quality problem is found after moving in, there is a developer to repair during the warranty period, and after the warranty period or consult a lawyer, it is found that the warranty period is unreasonable, and the developer should also be negotiated, pay attention to the collection of evidence, and the negotiation can be resolved by litigation.
2) Property management disputes. The quality of community property services directly affects the residents' "living and working in peace and contentment". At present, some property management companies use unclear and inexhaustible text to set traps when providing contract texts, resulting in the inability to achieve reciprocity of the rights and obligations of both parties to the contract, and also causing some owners to unknowingly "violate" the agreement.
With the rapid growth of China's urbanization, the property management industry is not commensurate with its huge scale, due to various reasons, the property management industry norms are not yet complete in China, and disputes between owners and property management companies emerge one after another; And due to various reasons, the interests of owners are often not effectively protected. Remind everyone that in addition to complaining to the management department in a timely manner, you can also claim your rights and interests to the developer.
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Legal analysis: If the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it should be supported.
Legal basis: 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 10 Where 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.
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I finally bought a house, but there were quality problems, and even seriously affected the residence. Many people are anxious about this, when there is a quality problem in the house, what should be done? Housing quality problems are generally divided into three types, one is that the quality of the main structure of the house is unqualified, such as the foundation and load-bearing wall; Second, it seriously affects the quality of normal residential use, such as the inability to supply water and power normally, and the sound insulation effect is not up to standard; The third is other general quality problems, such as water seepage, wall skin peeling, etc.
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. If there is a serious quality problem in the house, which seriously affects the normal residential use, the law allows the buyer to terminate the contract and claim compensation for losses.
However, the buyer may also require the seller to carry out repairs, and the seller shall bear the liability for the delay in delivery or other losses caused by the repairs. For other quality problems, because they have not caused a serious impact on residential use, the seller can only be required to repair and compensate for the loss, and cannot ask to move out. 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.
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Answer: Glad to answer your questions. 1. If the quality of the main body is unqualified, first of all, the buyer should apply to the engineering quality supervision unit for re-inspection, and if the quality of the main structure is unqualified, the buyer has the right to check out, terminate the contract for the sale and purchase of commercial housing, and require the developer to compensate for the loss.
2. If the normal residential use is seriously affected, the buyer can also request to terminate the contract and compensate for losses.
3. During the warranty period, the developer shall bear the responsibility for repair.
After buying a commercial house, you should find a developer if you find all kinds of problems, but remember to keep the evidence, some developers will not admit it, and you can also find other owners in the community to sue, so that the chance of success will be much greater.
Legal basis] According to Article 31 of the Regulations on the Administration of Urban Real Estate Development and Operation, after the delivery of the commercial house, if the purchaser believes that the quality of the main structure is unqualified, it can apply to the project quality supervision unit for re-verification.
After verification, if the quality of the main structure is unqualified, the purchaser has the right to check out; If losses are caused to the purchaser, the real estate development enterprise shall be liable for compensation in accordance with the law.
According to 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 Contracts for the Sale and Purchase of Commercial Housing, 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.
Hope it helps
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Answer: The owner of the renovated house moves in, which can be regarded as the completion of the renovation delivery. In the process of use, if there are problems in the relevant places, you can report to the construction party for rectification and maintenance, and the construction party shall bear the maintenance responsibility during the warranty period.
But there are special things to pay attention to:
1. Since the formal decoration contract has not been signed, only the invoice, it is necessary to report whether the service items indicated in the invoice include the construction project of the carpentry decoration part, if there is more clear evidence to prove that the problem is caused by the construction party (at the same time in the case of non-human destruction), the construction party should provide maintenance and other corresponding responsibilities during the warranty period stipulated by the state, according to the provisions of the national "Housing Construction Engineering Quality Warranty Measures", in addition to the basic decoration projects of water, electricity and waterproofing projects, The construction party shall provide warranty services for no less than 2 years.
2. If it cannot be proved that the carpentry decoration part is provided by the decoration construction party provided by the invoice, and the construction party does not admit that the construction service is provided by it, the decorator shall bear the responsibility caused thereby.
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I am an old customer of Ximai, and Ximai has done business, their business is very good, the quality is also very good, the boss is very trustworthy, the person who asks this question must be Ximai's competitors, not as good as others, don't use this means to talk nonsense on the Internet, but the general manager hired by Ximai before has a very poor character, and he doesn't talk much, and the company's salary is messing around with flying orders outside, which may affect the reputation of some of their companies.
If you can return or exchange the goods, you can return and exchange them if you don't like them, and you can only exchange them. If there is not enough evidence, then there will be no more than a lawsuit.