Six common disputes in housing delivery:
1. Delayed delivery
The developer did not deliver it to the buyers according to the time agreed in the contract. It is the most common, largest and most extensive real estate dispute at present.
How to avoid it: try to choose a developer with good reputation and big brand, which will be more secure. Secondly, the compensation for delayed delivery and other related matters are agreed in the contract.
How to protect rights: In case of delay in delivery, we should first carefully check the commercial housing sales contract signed with the developer to see if there are any relevant clauses in the contract for delay in delivery. Where there are provisions in the contract, the provisions stipulated in the contract shall prevail. If there is no explicit agreement in the contract, the buyer may return the house.
Secondly, it is necessary to understand the identification and compensation standard of delayed delivery. Except in special circumstances, if the developer fails to deliver the house within the time limit agreed in the contract, it shall bear the liability for breach of contract and compensate the property buyers for liquidated damages. If the purchaser wants to terminate the contract, according to Article 1 14 of the Contract Law, the developer can be required to bear the liquidated damages agreed in the contract, and at the same time, the developer can be required to return the purchase price and interest. If the communication with the developer is fruitless, you can enter legal procedures and bring a lawsuit to the court.
Second, the quality of housing.
After the delivery of the house, there are also many rights protection problems caused by the quality of the house. General quality problems include cracks, peeling, hollowing, water leakage and electric leakage.
How to avoid it: before buying a house, choose a trustworthy developer; When looking at the house and buying a house, with the permission of the developer, you can bring professionals to test the quality of the house; In addition, you can ask more workers on the construction site. If you have acquaintances in the property, you can also ask about their quality.
How to protect rights: Generally speaking, after the commercial housing is delivered, there are few quality problems in the main structure of the house, and a large number of non-main structure problems appear. Once citizens find that there is a problem with the quality of housing, they can consult with developers and property companies first; If the developer and the property management company delay or ignore the owner's complaint, the owner can complain to the relevant departments; If necessary, we can also use media exposure and the power of public opinion to promote the progress of rights protection; If negotiation fails, especially when compensation is involved, the owner will go through judicial procedures such as litigation and arbitration.
Three, unauthorized changes in planning
In order to attract customers to buy, developers promised to have swimming pools and large supermarkets, with a greening rate of more than 50%. However, property buyers found that the developer changed the plan without authorization after buying or handing over the house, and failed to fulfill the original promise. Developers modify plans from time to time.
How to avoid it: it is very important to write it into the contract. The specific content of residential planning, developers have verbally promised. Only by writing it into the contract can we ensure that the buyers will not be deceived, and even if something goes wrong, they can successfully defend their rights.
How to defend rights: There are two situations. One is that the developer only completed the planning change procedures and did not start the actual construction action. At this point, the infringed owner can submit a written application to the local planning department, asking the planning department to revoke the developer's planning change permit and stop the infringement on the grounds that the procedure is illegal. The other is that the construction behavior has started or been completed. At this point, the infringed owner can ask the developer to stop the construction through legal means and restore the changed part to its original state. For those who cannot be restored to the original state, the owner may ask the developer to compensate for the loss or return the house according to the specific circumstances. If negotiation fails, you can bring a lawsuit to the court.
Fourth, the area is reduced.
After handing over the house, I found that the actual use area of the house was several square meters less than that written in the purchase contract. Didn't it cost several square meters in vain?
How to avoid it: when buying a house, make sure that the construction area on the contract is consistent with the property area, not only write down the total price and area, but also write down the unit price of the house. If the contract does not include the unit price of the house, when the actual area does not match the registered area of property rights, if you want to recover the losses, you will generally not be supported. If buyers want to have a real understanding of the housing area, they should not be limited to the area recorded in the purchase contract and the area registered in the real estate license. It is necessary to make a simple survey during site investigation.
How to protect rights: Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the interior construction area or construction area of the house delivered by the seller is inconsistent with the agreed area in the commercial housing sales contract, it shall be handled according to the agreement; If there is no agreement or the agreement is unclear in the contract, it shall be handled according to the following principles: if the absolute value of the area error ratio exceeds 3%, and the buyer agrees to continue to perform the contract, if the actual area of the house is less than the area agreed in the contract, the seller shall return the house price and interest for the part with the area error ratio within 3%, and the seller shall double the house price for the part with the area error ratio exceeding 3%.
Verb (abbreviation of verb) House delivery tax dispute
After handing over the house, the developer charged with various excuses, overcharged, forcibly charged and charged on behalf of others. Although the price bureau has clearly stipulated the related expenses for occupancy, individual developers still charge fees under various excuses when handing over the house. When repossessing the building, it is necessary to know the relevant charging regulations of the Price Bureau in advance, bring a list of expenses payable, and compare it with the funds required by the developer. The owner can refuse to pay the fees that are not within the scope of the contract when handing over the house, and point out the unreasonable fees to the developer in time. If necessary, you can complain to the price bureau and the housing authority.
Sixth, conditional delivery
Some developers often make unreasonable demands when handing over houses. If the house is handed over first and then inspected, the key should be given first by paying the fee or signing a supplementary agreement with exemption clause. The owner shall not agree to the unreasonable requirements put forward by the developer. When necessary, the owners should unite to safeguard their rights and interests.
Now buying a house, many properties have the phenomenon of handing over houses to protect rights. When handing over the house, the owner should not only carefully check the quality of the house, but also pay attention to whether the developer's procedures for handing over the house are complete and the process is reasonable, so as to avoid being fooled when accepting the house to the greatest extent. After all, today, when the real estate law is not perfect and it is difficult for consumers to protect their rights, buyers still need to know more about real estate knowledge. Instead of defending rights after the incident, it is better to learn how to avoid disputes before they occur and minimize personal losses.
(The above answers were published on 20 16-03-08. Please refer to the actual situation for the current purchase policy. )
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