Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts (hereinafter referred to as the Supreme Court Interpretation) stipulates: "If the quality of the main structure of the house is unqualified and cannot be delivered for use, or if the quality of the main structure of the house is unqualified after being delivered for use, the buyer requests to terminate the contract and compensate for the losses, it shall be supported.
"Article 32 of the Regulations on the Management of Urban Real Estate Development and Operation stipulates that" after the delivery of commercial housing, if the purchaser thinks that the quality of the main structure is unqualified, he may apply to the engineering quality supervision unit for re-approval.
After verification, if the quality of the main structure is really unqualified, the buyer has the right to return the house; If losses are caused to buyers, real estate development enterprises shall be liable for compensation according to law.
"Article 35 of the Measures for the Administration of Commercial Housing Sales has also made basically the same provisions.
According to the above regulations, the quality problems of the main structure include three situations: first, the quality problems of the main structure are found without acceptance; Second, the quality problems of the main structure were found during the house acceptance; Third, after the house was completed, it was found that there were quality problems in the main structure after verification.
In the first two cases, it is not allowed to hand over the house at all.
In the third case, first of all, it is necessary to check whether there are quality problems in the main structure. Under this premise, the buyer can exercise his rights according to law.
According to Article 60 of the Building Law, the quality of the foundation works and main structures of buildings must be guaranteed within a reasonable service life.
Therefore, the "main structure" in Article 12 of the Supreme Law Interpretation should include the foundation engineering and main structure engineering of the house, excluding the roof waterproof engineering and other civil engineering, as well as the installation of electrical pipelines, water supply and drainage pipelines, heating and refrigeration systems and other projects.
"Reasonable service life" refers to the design life of the building, that is, the minimum life of the building under normal use.
It can be seen that the foundation engineering and main structure engineering of a house are the cornerstones of a project. If there are quality problems in the foundation engineering and main structure engineering of a building project, even if the quality of other projects is no matter how good, the quality of the whole project cannot be guaranteed.
Therefore, the Supreme Court explained that Article 12 stipulates that if the quality of the main structure of the house is unqualified, the buyer has the right to terminate the contract and ask the developer to compensate for the losses.
2. About the termination of the contract due to the quality defects of commercial housing seriously affecting the normal living and use.
Article 13, paragraph 1, of the interpretation of the Supreme Law stipulates that "if the buyer requests to terminate the contract and compensate for the losses due to the serious impact on the quality of the house, it shall be supported.
"The' house quality problems' mentioned in this article shall refer to quality problems other than foundation engineering and main structure engineering, that is, roofing waterproof engineering and other civil engineering, as well as the installation of electrical pipelines, water supply and drainage pipelines, heating and refrigeration systems and other projects.
If the buyer terminates the contract according to this article, the contract cannot be terminated unless there are quality problems in the house, which should seriously affect the normal living and use.
However, the interpretation of the Supreme Court did not stipulate the standard of "seriously affecting the normal use of houses". In fact, there are three different views on this.
The first view is that the normal "residential use" of commercial housing is mainly based on safety. As long as the house can be used safely, there is no problem that seriously affects the use of the house; The second view is artificial. To judge whether the housing quality problem "seriously affects the normal living and use", the engineering quality inspection department should be entrusted for appraisal, and the court will make a judgment according to the appraisal conclusion.
The third view is that whether the housing quality problem "seriously affects the normal living and use" belongs to the scope of the judge's discretion according to the common sense of life, and does not need to be appraised by the engineering quality inspection department.
I agree with the third view, because the appraisal conducted by professional quality appraisal institutions only identifies unqualified, qualified or excellent according to the existing norms and standards, and confirms some quantitative indicators.
However, there is no objective standard to judge whether the housing quality "seriously affects the normal living and use". Even if it is determined by a professional engineer, his appraisal depends entirely on personal life experience and subjective judgment, and there is no legal basis and standard.
Therefore, as a judge, a judge can make a determination on the basis of common sense and experience.
Third, if there are quality problems in the house still under warranty, can the buyer directly request to terminate the contract?
Some people think that from the literal understanding of the Supreme Court's interpretation of the first paragraph of Article 13, as long as the house has quality problems, even if the house is still under warranty, the buyer does not need to be limited by the warranty and has the right to directly request the termination of the contract.
According to Article11of People's Republic of China (PRC) Contract Law: "If the quality does not conform to the agreement, it shall bear the liability for breach of contract according to the agreement of the parties.
If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 61 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.
Therefore, when the house has quality problems, the buyer, as the damaged party, has the right to choose to ask the developer for warranty or terminate the contract.
I don't think this view can hold water.
(1) Article 62 of China's "Building Law" stipulates that "quality warranty system shall be implemented for construction projects.
The warranty scope of construction projects shall include basic projects, main structure projects, roofing waterproof projects and other civil works, as well as installation projects of electrical pipelines, sewer pipes, heating and refrigeration system projects, etc. The warranty period shall be determined in accordance with the principle of normal use and safeguarding the legitimate rights and interests of users within the reasonable service life of the building.
The specific warranty scope and minimum warranty period shall be stipulated by the State Council.
Article 3 1 of the Regulations on the Management of Urban Real Estate Development stipulates that "real estate development enterprises shall provide the buyer with a residential quality guarantee and a residential instruction manual when the commercial house is delivered for use.
The residential quality guarantee shall specify the quality grade, warranty scope, warranty period and warranty unit approved by the engineering quality supervision unit.
Real estate development enterprises shall bear the warranty responsibility in accordance with the agreement of residential quality guarantee.
During the warranty period, if the real estate development enterprise carries out maintenance on the commercial housing, which affects the use function of the housing and causes losses to the purchaser, it shall be liable for compensation according to law.
"The Supreme Court explained that the second paragraph of Article 13 stipulated that" the house delivered for use has quality problems, and during the warranty period, the seller shall bear the maintenance responsibility.
"Article 16 of the model text of the commercial housing sales contract of the Ministry of Construction also stipulates that" if the commercial housing purchased by the buyer is a commercial housing, the residential quality guarantee is an annex to this contract.
The Seller shall undertake corresponding warranty responsibilities according to the contents promised in the Residential Quality Guarantee from the delivery date of the Commodity House.
If the commercial house purchased by the Buyer is non-commercial, both parties shall specify the warranty scope, warranty period and warranty responsibility in the form of an annex to the contract.
In case of quality problems within the warranty scope and warranty period of the commercial house, the seller shall fulfill the warranty obligations.
The seller shall not be responsible for the damage caused by force majeure or reasons not attributable to the seller, but may assist in the maintenance, and the maintenance expenses shall be borne by the buyer.
"The above are the statutory warranty obligations of developers for housing quality clearly stipulated by laws and regulations.
It can be seen that China's current laws stipulate that after the delivery of the house, if there are quality problems during the warranty period, the developer will have and must fulfill the warranty obligations.
(2) According to Article 94 of People's Republic of China (PRC) Contract Law, if one party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged, the contract may be terminated.
If there are quality problems in the house, and the real estate development enterprise fails to perform the warranty obligations within a reasonable period after being urged, and the house quality problems have seriously affected the use of the house, the buyer may terminate the contract.
(3) With regard to Article11of the Contract Law, this article is only applicable if both parties have not agreed or cannot determine the liability for breach of contract. As mentioned above, the Commodity House Sales Contract has clearly stipulated how the seller shall bear the warranty responsibility, and the buyer and the seller shall bear the liability for breach of contract according to the agreement.
In addition, Article11of the Contract Law requires the injured party to exercise the right of choice reasonably, that is, the buyer should follow the principles of fairness, honesty and good faith when choosing the way to bear the liability for breach of contract.
If the house quality problem can be remedied through maintenance, the buyer shall not terminate the contract.
At present, there is no clear legal provision on how many times maintenance is required before the buyer is allowed to terminate the contract. I think we can learn from Article 54 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, that is, "If it cannot be used normally after being repaired twice during the warranty period, the operator shall be responsible for replacing or returning it". If the seller refuses to repair or delays the repair within a reasonable period of time, or it still cannot be used normally after more than two repairs, it may seriously affect the conditions for the buyer to terminate the contract.
(4) If the buyer is allowed to directly exercise the right to terminate the contract without warranty, it will lose practical significance to stipulate the warranty system of commercial housing in China.
Therefore, if the quality problems of the house during the warranty period can be remedied by means of maintenance, the seller should first fulfill the warranty obligations according to the provisions of the law and the contract, and the buyer should not directly request to terminate the contract.
The interpretation of the Supreme Court is not clearly defined.
Take residential buildings as an example. The average residential service life is 70 years. If some parts of the house begin to have quality problems after 30 or 40 years of delivery, if the buyer is allowed to apply this clause, the developer will have greater commercial risks and be extremely unfair to the developer.
In view of this problem, I think that the buyer's right to terminate the contract should be limited by the warranty period from the analysis of the conditions for termination of the contract and the relevant legal provisions of the warranty system in China.
Articles 93 and 94 of the Contract Law stipulate that the dissolution of a contract can be divided into agreed dissolution and legal dissolution. Termination by agreement means that one party can choose to terminate the contract when the termination conditions agreed in the contract are met during the performance of the contract.
Legal rescission refers to the act that after a contract is concluded, one party fails to perform or violate the contract, and the other party exercises the legal rescission right, making the contract invalid.
According to the principle of contract law, whether it is agreed termination or legal termination, the prerequisite for its termination is that one party has obligations to the other party, and the obligated party fails to perform its contractual obligations or has a breach of contract.
According to the foregoing, due to the implementation of the quality warranty system of commercial housing after delivery in China, according to the provisions of laws and contracts, developers must bear the warranty responsibility of housing quality during the warranty period. After the expiration of the warranty period, the developer no longer has the warranty obligation if the house has quality problems. Without this obligation, there will be no fundamental breach of contract, and the conditions for legal dissolution and agreed dissolution of the contract will be lost, and it will be impossible for the buyer to exercise the right to terminate the contract again.
Therefore, in my opinion, if the buyer exercises the right of cancellation because the quality of the house seriously affects the normal living and use, it should be put forward during the warranty period of the house.
However, the quality problem after the expiration of the warranty period is a hidden quality defect that exists when the developer delivers the house or the developer knowingly conceals the quality defect. In this case, if the use of the house is seriously affected by quality problems within 2 years from the date when the buyer knows or should know, the buyer may request to terminate the contract.
Verb (abbreviation of verb) the scope of compensation for buyers due to housing quality problems.
The third paragraph of Article 31 of the Regulations on the Management of Urban Real Estate Development stipulates that "during the warranty period, if the real estate development enterprise affects the original use function of the house and causes losses to the purchaser, it shall be liable for compensation according to law".
Article 32 stipulates that "after the delivery of commercial housing, if the purchaser thinks that the quality of the main structure is unqualified, he may apply to the engineering quality supervision unit for re-approval.
After verification, if the quality of the main structure is really unqualified, the buyer has the right to return the house; If losses are caused to buyers, real estate development enterprises shall be liable for compensation according to law.
"Article 14 of the Measures for Quality Warranty of Housing Construction Engineering stipulates that" during the warranty period, if the owner, user or third party suffers personal or property damage due to quality defects of housing construction engineering, the owner, user or third party may demand compensation from the construction party.
The construction unit shall recover from the responsible party that caused the quality defects of the housing construction project.
"The Supreme Court interprets the second paragraph of Article 13, which stipulates that" if the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it.
The repair costs and other losses caused during the repair period shall be borne by the seller.
"The above provisions are clear. During the warranty period, if there are quality problems in the house, the developer shall bear the warranty obligation. In addition, if the buyer suffers losses due to housing quality problems, the developer should also be liable for compensation.
When applying the above provisions, the developer is required to bear the liability for compensation, and the following conditions should be met at the same time: First, the housing quality problem should be within the warranty period; Second, the housing quality problem should belong to the warranty scope; Third, because of the quality of the house, it did cause losses to the buyer.
However, it did not specify the specific scope of the loss.
According to the provisions of Article 1 13 of the Contract Law, the losses caused by the breach of contract due to housing quality problems shall prevail.
In practice, the controversial issues are the quality of housing and the rent loss caused by property buyers renting another house. Let's talk about my personal views on this issue with specific cases.
There is no provision in the current laws and regulations to compensate buyers for lost time due to housing quality problems, and the standard of lost time is not uniform in practice.
In my opinion, before making specific provisions on this issue in China, it can be handled according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, in which Article 20 stipulates that "the lost time fee shall be determined according to the lost time fee and income of the victim.
The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment.
If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income.
If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
"If the buyer's lost time is caused by the housing quality problem, and the buyer demands compensation for the lost time, the compensation shall be calculated according to the actual lost time of the buyer in dealing with the housing quality problem and the above-mentioned lost time standard.
How to claim or check out due to housing quality problems?
Guiding Opinions of Guangzhou Intermediate People's Court on Several Issues Concerning the Trial of Pre-sale Commercial Housing Contract Disputes 1. How to deal with the special agreement in the subscription book that "the buyer has understood and agreed to the model terms announced by the developer in the sales center, and agreed to sign the above contract in full accordance with the model, without changing, adding or reducing any terms"? Subscription refers to the agreement to sign a commercial housing sales contract in the future. The subscription is valid if the sample terms have been publicized and the purchaser has signed the subscription.
If it is binding on the parties, the subscriber can apply for invalidation of the subscription letter or cancellation or return of the deposit through negotiation in obviously unfair due to the terms of the contract, and it will not be supported.
2. What should I do if the seller refuses to sign the commercial housing sales contract according to the subscription, and the buyer sues for signing the contract or investigating the liability for breach of contract? The contract is the result of negotiation between the two parties, and the court ordered both parties to sign the contract with suspicion of compulsory signature. Therefore, it is not appropriate to support the litigant's request to sign the commercial housing sales contract: the seller's refusal to sign the contract has constituted a breach of contract, and on the basis of applying Article 4 of the judicial interpretation, the seller can also be ordered to compensate the buyer for the losses suffered because he did not sign the contract. The determination of the loss amount can refer to the price difference range from the date of signing the contract to the date of prosecution, and distinguish the following differences.
The buyer's refusal to sign the contract constitutes a breach of contract, which shall be treated as a breach of contract.
3. After the commercial house is mortgaged by the seller, what should the buyer do if he applies for confirmation or registration? If the lawsuit is confirmed, the claim will be rejected because there is no dispute over the ownership of the house.
If the lawsuit is filed to obtain the certificate, then the buyer is not at fault after fulfilling the following duty of care.
(1) Review whether the purchased house is within the pre-sale permit; (2) remit the payment to the monitoring account stipulated in the contract; (3) No matter whether it is pre-sale after mortgage or pre-sale after mortgage, as long as there is a pre-sale permit, it is deemed that the financial institution agrees to sell, and its exercise of mortgage right shall not be against the buyer.
Forged "pre-sale permit" to sell houses, should bear the responsibility of double indemnity.
Four, after the conclusion of the commercial housing sales contract, the seller sold the house to a third person, how to apply Article 8 of the judicial interpretation? If the buyer claims that the seller shall bear the compensation liability not exceeding twice the paid house price, it shall support it in principle. If the reduction is really necessary according to the specific circumstances of the case, it shall not be less than 50% of the paid house price.
5. If the seller requests to adjust the liquidated damages for overdue delivery on the grounds that the agreed liquidated damages standard is too high, how should he grasp whether the liquidated damages standard is too high? The agreed standard of liquidated damages is less than five ten thousandths (including five ten thousandths), which is deemed to be within a reasonable range and will not be adjusted.
If the standard of liquidated damages for the same building is inconsistent, if it exceeds five ten thousandths, it can be adjusted to five ten thousandths. If the same building has the precedent of a court or an arbitration commission, attention should be paid to maintaining the uniformity of the application of the standard of liability for breach of contract.
Six, how to determine the delivery standard? The following two basic conditions must be met (1) to obtain the construction project completion record form (2) The disputed house meets the use conditions (that is, there are no major defects such as water leakage and ground cracks that cause the house to be unable to be used normally).
Where there are special provisions in other standards, such provisions shall prevail.
If the decoration standard is agreed in the annex to this contract, the seller shall be liable for breach of contract for the decoration standard if it fails to meet the agreed decoration standard.
7. How to settle the house payment with poor area? If the area difference is less than 0.6% (inclusive), the specific agreement shall prevail and no compensation shall be given to each other.
If the absolute error ratio of area difference exceeds 0.6% (exclusive) and is within 3% (exclusive), the settlement shall be made according to the actual price agreed in the contract, without deducting 0.6%. If the area difference is more than 3% (excluding 3%), Buyer A has the right to reject the house, and B will not reject the house. The settlement shall be made within 3% according to the price agreed in the contract, and the part exceeding 3% shall be borne by the Seller.
Ownership belongs to the buyer.
It is up to the buyer to decide what responsibility the seller bears for breach of contract.
Eight, how to deal with the buyer's claim for license? If the buyer requests to apply for a license according to the contract or judicial interpretation, the seller shall be ordered to apply for a license within three months, regardless of whether the conditions for obtaining a license are met at the time of prosecution.
Regarding the handling of overdue application for liquidated damages, the judgment can be divided into two stages, and the liquidated damages will be paid in one lump sum within ten days from the effective date of the judgment.
The liquidated damages from the effective date of the judgment to the date of receipt of the application (referred to as' assistance application') shall be paid monthly before 10.
The term of liquidated damages shall be subject to the contract. Those who assist in obtaining the certificate shall obtain a delivery receipt, those who have completed obtaining the certificate shall be issued by the housing management department, and those who have obtained the property certificate shall be delivered to the buyer.
After the property right certificate is issued, the seller shall unconditionally deliver the property right certificate to the buyer.
Nine, according to the opinions of seven ministries, the pre-sale of commercial housing can not be transferred without authentication, but the buyer can transfer the commercial housing without real estate license by signing a sales contract with a third party or entrusting auction, which leads to disputes. What should I do? The opinions of the seven ministries and commissions are not laws and administrative regulations, and cannot be used as the basis for determining that the contract is invalid, so the contract should be valid.
Because the administrative department clearly can't handle the license, the lawsuit request is rejected on the grounds that it can't be performed actually, and the lawsuit will be handled after the conditions for handling the license are met.
If the seller of the transfer contract (who is also the buyer of the pre-sale contract) sues to terminate the transfer contract on the grounds that he can't obtain the certificate, it is appropriate not to support it because the failure to obtain the certificate affects the rights of the buyer of the transfer contract.
If the buyer of the transfer contract cannot sue to terminate the contract, it shall be supported on the grounds that the purpose of signing the contract cannot be realized.
Ten, similar to permanent water and electricity, fire inspection, building external wall falling off and other lawsuits involving the same rights and interests of the owners, how to deal with the plaintiff's qualification as the subject of litigation? Industry Committee, all owners or owners are qualified plaintiffs in lawsuits involving the same rights and interests of owners. The effective judgment is binding on all owners, and their litigation interests belong to all owners. If the subsequent owners repeatedly sue, they will dismiss the lawsuit on the grounds that the effective judgment has been made, which violates the principle of no longer handling the lawsuit.
If the above litigation involves compensation, the industry committee or all owners shall be qualified plaintiffs.
If an individual or part of the owners sue for compensation, the prosecution shall be dismissed.
If you file a lawsuit in the name of the industry Committee, you still need the authorization of the owners' meeting.
XI。 How to apply the limitation of action to liquidated damages such as overdue permit, house handover and delivery of public facilities? If a one-time fixed penalty is agreed, a two-year statute of limitations shall apply from the date when it should be done.
It is scheduled to pay liquidated damages continuously during the default period.
Back to two years from the date of claim or prosecution.
After the expiration of the limitation of action, the buyer sent a letter to the seller asking for the liability for breach of contract, and the seller received the letter and replied to the request to resolve the dispute. If the buyer later brings a lawsuit on the grounds of unsuccessful negotiation, the statute of limitations shall not apply.
If the buyer reflects, complains or inquires to the relevant government departments, and the relevant departments reply clearly that the responsibility lies with the seller, the statute of limitations does not apply.
12. Should this judicial interpretation be applied to commercial housing to offset or pay off projects or other debts, rather than to offset or pay off the purchase price with projects or other creditor's rights? In the case of using commercial housing to offset or pay off project funds or other debts, the commercial housing sales contract signed by both parties is only a way to pay off debts, and it does not establish a commercial housing sales relationship between the two parties, which does not conform to the provisions of Article 1 of the judicial interpretation. Therefore, if one party files a lawsuit based on the commercial housing sales contract and advocates the application of judicial interpretation, it will not be supported.
However, both parties agree to deal with it according to the relationship between the purchase and sale of commercial housing, unless it does not harm the interests of a third party.
13. The seller and the buyer agree that if the measured pricing area is larger than the pricing area agreed in the contract, the buyer will make up the difference.
The report issued by the real estate surveying and mapping department shows that the housing area is indeed larger than the agreed area. Should the seller's claim that the buyer should pay the difference be supported without issuing the title certificate? Based on the registered area of the property right certificate, the seller's request for the buyer to pay the difference before the property right certificate is issued is not supported.
14. With the consent of the seller, if the buyer transfers the pre-sold commercial house to a third party and has gone through the formalities of renaming the pre-sold commercial house contract, can the third party obtain the rights under the original buyer's contract? The transfer registration of the pre-sale contract of commercial housing is handled in the Housing Authority, which means that the developer agrees to rename the pre-sale contract of commercial housing, and the third party can obtain the rights of the buyer under the original contract.
Fifteen, the pre-sale contract of commercial housing agreed to pay the house price according to the interior area. After that, the interior area of commercial housing has not changed, but the shared area has shrunk. What should I do? In the contract, the contractor agreed on the apportioned area, so it failed to reach the agreed area, which constituted a breach of contract.
The reason why there is no allocated area should be proved by the seller. If the seller can't prove his exemption, he shall be liable for breach of contract.
For the specific compensation standard, please refer to "total house price/(interior area+shared area) * shrinking area".
Sixteen. What should the buyer do when he signs a confirmation letter to confirm that there is no creditor's rights and debts between the two parties when he takes over the building or receives the property ownership certificate, and then asks the seller to return the area difference because the actual area is smaller than the agreed area? If the buyer cannot prove that he signed this confirmation under the circumstances of fraud, coercion or gross misunderstanding of the seller, he shall perform this confirmation.
However, "confirming that both parties have no creditor's rights and debts" should be understood as the developer exempts himself from the liability for breach of contract such as delaying the delivery of the house and issuing the certificate in the form of "confirmation letter".
If the area is reduced, the area difference will be refunded based on the real estate license.
17. There is a dispute between the developer and the buyer about the delivery time of supporting facilities in residential quarters developed and constructed by stages. What if the buyer sues for delivery? The developer should provide evidence to prove at which stage of the project the controversial residential supporting facilities planning is not due to support the buyer's demands.
If the developer cannot prove it, it should be delivered immediately.
18. If a dispute arises during the performance of the contract, and one party applies for invalidation or rescission of the contract, but does not apply for invalidation or rescission of the consequences, can the court handle it ex officio? The judge shall exercise the power of interpretation, unless the third party explicitly objects, otherwise it shall be dealt with together.
Nineteen, the two sides agreed in the contract liability for breach of contract is not equal, how to deal with it? If the parties bring a lawsuit within one year after the signing of the contract, they may apply the provisions of Item (1) of Paragraph 1 of Article 54 of the Contract Law and change it to equal liability for breach of contract; If it is less than one year, the provisions of Article 114 of the Contract Law can be applied and adjusted to equal liability for breach of contract.
20. What should the buyer do if he asks the seller to deliver the house without the completion acceptance? If it fails to pass the individual acceptance of the main building, fire protection and elevator, the claim for handing over the house shall be rejected.
2 1. The house purchased by the buyer has quality problems that affect its normal use. The buyer asked for repair, but the seller refused to repair within a reasonable time after being urged. Should the buyer repair it by himself or sue the seller to pay the repair fee according to the evaluation conclusion of a qualified evaluation agency? Requests that meet the following conditions should be supported: 1, the house does have quality problems; 2. The seller fails to perform the repair obligation within a reasonable period of time; 3. The buyer repairs itself or hires someone to repair it, or provides the appraisal conclusion of a qualified appraisal institution.
The seller thinks that the amount claimed by the buyer is unreasonable and should bear the burden of proof (such as applying for evaluation, etc.). ), otherwise its defense will not be accepted.
Twenty-two, the seller sold the public green space to the buyer, and the buyer sued and confirmed that it was invalid. Should the seller's request for returning the public green space be supported? Who has the right to sue for the return of public green space? 1. If the buyer claims that the sale of public green space is invalid, it should be supported.
2. The seller's return request should not be supported because it is not the subject of rights.
3. The litigant who has the right to sue for the return of public green space is the owner or the owners' committee.
23. Does the statute of limitations apply to the payment for goods (including the final payment and supplementary payment)? Is the statute of limitations applicable to liquidated damages for overdue payment? The limitation of action does not apply to the principal of the purchase price, but the liquidated damages apply.
Twenty-four, after the implementation of the property law, how to solve the conflict between the bona fide acquisition protection system and the priority of the demolition compensation and resettlement agreement? The developer's resale of the designated compensation resettlement house to a third party has damaged the rights of the demolished person and has constituted infringement.
Even if the resale has led to the change of property rights, the demolished person can still request confirmation based on the priority, and get the demolition compensation and resettlement house first according to the legal documents effective by the court.
In short, in the case of conflict between the bona fide acquisition of the third party and the priority placement of the demolished, the interests of the demolished are given priority.