The legal basis of giving priority to repossession of houses.
In the sales contract, "receiving goods first" is the usual trading habit, while the trading habit of "receiving goods first and then inspecting them" may exist, but it must be an abnormal phenomenon, which has the nature of a typical overlord clause and violates the basic principles of market economy, and is denied by modern civil law and economic law.
Article 3 of the Contract Law stipulates: "The parties to a contract have equal legal status, and one party may not impose its will on the other". Article 10 of the Consumer Protection Law stipulates: "Consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators. " Article 8 of the Law on the Protection of Consumer Rights and Interests stipulates: "Consumers have the right to know the true situation of the goods they buy or use or the services they receive." Without passing the house inspection, the buyers' right to know cannot be guaranteed. The overlord clause of "accepting the house first and then inspecting the house" completely deprives the buyers of the right to know all the buyers.
Developers may think that it is reasonable to stipulate that the goods should be received first and then inspected because there is no agreement in the contract between the two parties. For the case that the performance method is not stipulated in this contract, Item 5 of Article 62 of the Contract Law stipulates: "If the performance method is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract". The only way to achieve the purpose of the contract in house delivery is "advance receipt".
The law also clearly stipulates the transferee of the subject matter in the sales contract. Article 157 of the Contract Law stipulates: "When the buyer receives the subject matter, it shall inspect it within the agreed inspection period. If there is no agreed inspection period, it shall be inspected in time. " Article 158 of the Contract Law stipulates: "If the parties agree on the inspection period, the buyer shall inform the seller that the quantity or quality of the subject matter does not conform to the agreement during the inspection period. If the parties have not agreed on the inspection period, the buyer shall notify the seller within a reasonable period of time when it finds or should find that the quantity or quality of the subject matter does not conform to the agreement ... ". Without the acceptance of the subject matter, the buyer can't find out whether the quantity and quality of the subject matter conform to the agreement, and can't inform the seller whether to reject or accept the subject matter within a reasonable period of time. It is extremely unfair to the buyer to explain that "regardless of the quality of the subject matter, the ownership and risk are transferred to the inexperienced buyer".
"Before purchasing, after purchasing" is conducive to market stability, ensuring transaction safety and realizing the supervision of operators. Article 17 of the Law on the Protection of Consumers' Rights and Interests stipulates: "Operators should listen to consumers' opinions on the goods or services they provide and accept consumer supervision".