Lawyer Li: There is a range of 3% up and down. If it is less than 3%, you have no right to ask for check-out. If you exceed 3%, you have the right to check out. Netizen: What's the difference between a letter of intent to buy a house and a contract to buy a house? Lawyer Li: As a letter of intent or subscription, only the two parties have reached an intentional agreement on whether to buy a house, not including some specific problems of the house. It is necessary for both parties to sign a formal sales contract before the establishment of the housing sales relationship can be formally confirmed in law. Netizen: I recently bought a commercial house near niujie. After the renovation, it was found that the iron gate of the household was deformed and could not be opened smoothly. I asked the developer to repair it several times, but it was not repaired. Do you think I can return the house? Lawyer Li: Is this installed by the decoration company or provided by the developer? First of all, we must determine who is responsible. If there is a problem with the installation of the decoration company, it is the responsibility of the decoration company. If it is provided by the developer, there is something wrong with the quality of the door. The second aspect is that there is something wrong with the structure of the house, which leads to the extrusion deformation of the door. Different premises have different ways to deal with them. Please describe the problem in detail. Moderator: If the deformation of this iron gate is such a problem, should the developer also bear some joint liability? Lawyer Li: The housing structure problem belongs to the quality problem, and the developer should bear the responsibility. Netizen: What matters should the owner pay special attention to when handing over the house? Lawyer Li: What needs special attention is that, firstly, the developer is required to provide the measured area table, and secondly, the developer must be required to provide the completion acceptance record table. Only after obtaining the five-year completion acceptance record form can the house reach the comprehensive acceptance standard and be used by a third party. Third, look at the appearance of the house, including the main structure, walls and floors, to see if it is different from the decoration listed in the sales contract. If there is any discrepancy, it should be listed, preferably signed and sealed by the developer. Netizen: When the developer repossesses the house, the owner must pay the deed tax and not pay the key. What measures should we take as owners? Lawyer Li: Turnkey and deed tax are not prerequisites for each other. It is the developer's obligation to deliver the key. The deed tax is related to the property right certificate and should be handed over to the developer on behalf of the developer. Netizen: Why is the paint in the room falling off? What's the solution? Lawyer Li: It can be simply explained that there are many factors that affect the peeling of wall paint. One is that the decoration quality of the decoration company is not up to standard during the decoration, and the other is that there are some problems in the wall treatment of the house itself, and it is necessary to clarify the responsibility, and it may be necessary to identify the reasons. Netizen: Is the commercial house completely private property? Lawyer Li: After you have paid all the purchase price, the commercial house will be completely owned by you. If you buy a house during the existence of the husband-wife relationship, this house is of course related to your spouse's house and does not belong to the property you have full ownership of. Moderator: Does it depend on the form of property rights? Because many local property rights are not very standardized. Lawyer Li: The house ownership certificate must be issued by the resource management department at the county level. Strictly speaking, township property rights are not legally recognized houses. First of all, the house can't be transferred to your name, and it may still be illegal. From the planning point of view, there is the possibility of demolition. Netizen: When the house is closed, the property will charge each household TV access fee according to 300 yuan. Is this fee reasonable? Lawyer Li: According to the sales contract at that time, if it was specifically stipulated in the sales contract that this fee should be borne by the developer, then he should not charge it after the owner moved in. If there is no clear definition, it is generally paid by the owner. Netizen: Now that the owner fails to pay the property management fee in time for some reason, does the property have the right to cut off the water and electricity supply of residents? Lawyer Li: If the property management fee and the collected water and electricity fee are not paid, but other fees are paid, as the property management company has no right to cut off water and electricity, they can be settled through consultation. If it is not solved, you can complain to the hydropower management department. Netizen: The developer failed to issue the completion acceptance record form in time when he checked in. What should the owner do? Lawyer Li: As the owner, you can refuse to accept the house, and the responsibility for delaying the delivery of the house arising therefrom shall be borne by the developer.
Moderator: I want to ask you a few questions. You have also represented many owners' cases. Judging from the cases you have contacted, you feel deeply impressed. Can you tell us one or two cases recommended by the owner? Lawyer Li: Yes, but some necessary company names need to be hidden. I was deeply impressed by a case in which the owner found that there was a kindergarten in the community when the developer bought it. After the owner moved in for a few months, he found that the location of the kindergarten had moved eastward and there were more floors. The nature of kindergartens has also changed, becoming the nature of street police stations. The owner thinks that this is because the developer has violated the original agreement and is ready to file a lawsuit against the developer. In the process of handling, it was found that the plot of this kindergarten was not owned by the developer, and the construction applicant was not a developer. In this case, does the developer constitute the original contract fraud? Secondly, does the developer have the right to deal with this building, because the owner asked to demolish the building. In the process of processing, after verifying this plot, it is true that the construction unit and the land allocation unit at that time were both another unit and had nothing to do with the developer. However, some owners included this part when signing the contract, and the developer did not have the problem of contract fraud, but there was a breach of contract. The owner who signed this part of the contract got partial compensation, and the owner who did not include it lost the case. What I want to say through this case is that when signing a contract, it should be relatively perfect, and it is best to sign the terms to protect your rights and interests, so as to avoid disputes after moving in, and there is no reasonable basis. Moderator: You just said that the owners who didn't sign this part didn't get compensation, but the contract signed by the owners and developers is very important. If he doesn't sign, his rights and interests will not be guaranteed accordingly. Is that so? Lawyer Li: That's right. Moderator: Do you have any cases about property management? Lawyer Li: There are not many cases of property management. Owners are dissatisfied with the management company and refuse to pay the property management fee, so that it is not uncommon for the property management company to sue the owners. As far as the property management company is concerned, its right to collect fees should be guaranteed, unless it is really at fault and fails to provide satisfactory services to the owners. On this premise, he has the right to sue. Some owners want to return a house, and even the repayment of the loan bank has stopped. In this case, the consequence is actually to increase some unnecessary expenses for the owners. After the loan bank sues, the owner has to bear some default expenses, including penalty interest. It is necessary to distinguish some relationships. It is a relationship with the loan bank, a relationship with the property management company and a relationship with the developer. Don't confuse other relationships because of problems in one relationship, but increase for yourself. Moderator: You just said that during the owner's lawsuit, for example, if he is the owner of the loan and has a relationship with the bank, do you also need to hand over the mortgage to the bank? Lawyer Li: You mean the resident who has checked out. He also has to pay the principal and interest to the bank. His relationship with the bank has not ended, nor has it been recognized by the bank, so he can stop. After reconciliation with the developer, you can terminate various relationships with the bank, or you can sue this piece when you sue, and you can temporarily terminate the relationship. Netizen: What procedures do I need to buy a second-hand house? Lawyer Li: First of all, it is necessary to determine the nature of the second-hand houses bought and sold, whether they are commercial houses, affordable houses or public houses sold in the market after the housing reform. There are different procedures. You need to sign a formal house transfer agreement with the house seller, and go through the transfer formalities with the house land management department where the house is located, including paying taxes such as deed tax and personal income tax. Moderator: Some netizens have some questions about the listing of public houses. In the past, the original unit was divided, but now it seems not. Lawyer Li: The owner obtains full ownership unless there is a special agreement with the original property right unit in the sales contract at that time. The house belongs to them personally, and they can dispose of it freely, but there are provisions for sharing benefits. For example, the house starts at 4000, and the turnover units below 4000 do not charge any share. 4,000 to 5,000 files, about 20%, more than 5,000 files, 30%. Netizen: I built a new house in an old house. Is this allowed? Lawyer Li: You must obtain the land use permit, and then the permission of the planning department. If both procedures are completed, it is allowed.
Netizen: After testing by relevant departments, it is found that harmful substances exceed the standard. What should the owners do? Should developers bear any responsibilities? Lawyer Li: First of all, we must get the legal appraisal basis from the environmental protection department. It is true that the object exceeds the standard. We must determine the source. If it is caused by the materials provided by the developer during the housing construction, the developer should bear certain liability for compensation. If it exceeds the standard of his normal residence, he can exercise the right to return a house. Netizen: I live in public housing. It's been two years, and the unit hasn't given the real estate license yet. What should I do? Lawyer Li: If it is purchased at the cost price, he can ask the unit to handle the property right as soon as possible after he gets the payment voucher from the unit. If the unit delays, it can complain to the housing management department and ask the housing management department to urge the unit to handle property rights. If this piece still doesn't work, he can sue the unit and ask him to perform the original sales contract. Netizen: The land is your own. Do you still need to apply? Lawyer Li: Because land belongs to the state, except that it is expressly stipulated by the state to belong to the collective, we must first confirm the nature of the land, because even rural plots and residential areas can only be built after certain examination and approval procedures. Moderator: Now some netizens are still a little confused about the payment of deed tax. Lawyer Li: The latest standard of deed tax is 1.5% for less than 20 square meters, and 3% for more than 20 square meters. After all, the building of the house is not private, you can do whatever you want. Moderator: Some time ago, lawyer Qin Bing put forward 204 supplementary agreements, which also caused an uproar. From your point of view, do these 204 articles have any positive effects on him? What is the main reason why he can't implement it widely in Beijing at present? Lawyer Li: First of all, I would like to mention the formulation of Article 204 of Lawyers. All my colleagues admire him, and his professional knowledge is very extensive and solid. Judging from our practical experience, the support rate of clause 204 is very low when negotiating with developers, and I also do some projects for developers. Judging from the specific content of Article 204, some clauses are too detailed and cumbersome. If we want to realize them in practice, netizen: I entered the unit after the housing reform. Can I apply? Does the country have a corresponding policy? Lawyer Li: You can apply for the purchase, as long as the property right unit agrees to sell it. This piece is a little different from my major. I have done very little about housing reform and selling houses. If necessary, I can check it again and give a detailed answer. Netizen: Residents of A5 District of Wangjing West Park, every basement is full of migrant workers. Do they have the right to do so? How can we protect our rights and interests? Lawyer Li: If it is joint property, the owner's consent must be obtained. If it does not belong to the scope of common property, which affects the owner's safe living environment, the owner also has the right to request correction. Moderator: Now there are some problems in society. Is it necessary for property companies to allow domestic companies or small business hawkers to operate privately? Lawyer Li: First of all, it depends on which house he uses. If it is a shared house, it belongs to the owner's property and must be approved by the owner. If it is to provide more suitable services to the owners of the community, he should inform the owners in advance. The prohibition of small business hawkers must obtain the consent of the owners. If the owner does not agree to come in, the owner can ask the property management company to stop this behavior. Moderator: As far as the current property management is concerned, there are also many problems in Beijing's property management. As far as the community you are in contact with is concerned, is the communication between the property and the owners smooth? What are the effective ways to implement it? Lawyer Li: If the property management company does a good job, it will generally communicate with the owners on a regular basis. When something happens, it will be negotiated with the owner in advance in time, and it is a way to tell the owner frankly. There are also some property management companies that can provide comprehensive and thoughtful services for some owners, such as helping owners take care of the elderly and children. In this case, in a peaceful and friendly atmosphere between property management companies and owners, they can work together to make the community better. Moderator: Our owners' club has also opened many owners' forums, and there are also many property personnel in the community who interact with the owners online. What do you think of this way of communication?
Lawyer Li: I think this way of communication is more active and effective. Many things, after you say it, may achieve the effect of mutual communication and understanding. If you don't say it, you won't be able to solve this problem. Netizen: The developer asks to stay. What if I don't want to pay the deed tax? Is it necessary to change it? Lawyer Li: It depends on whether you entrust the developer to handle the property right certificate for you and whether it is time to handle it. If it is time, you can give this part to the developer, who will handle the property right certificate for you in time. If you want to handle it yourself, you don't have to give it to the developer. Moderator: You just mentioned that the owner can handle the title certificate himself. He has no experience in this field. Can you tell me the specific process or what procedures are needed? Lawyer Li: This procedure is a bit troublesome. There is a premise that the documents must be submitted to the Land Management Bureau and handled together with the developer. The procedure is cumbersome and takes a long time. Therefore, developers often take subrogation, or developers entrust intermediaries to handle it, which is faster in procedure and time and saves owners a lot of energy. Moderator: Recently, there have been many disputes over the allocation of space. There is a news that when a developer sold the house in the first phase and delivered the house in the second phase, he found that there was an excess of the allocated area and returned the excess to the owner. How to treat this phenomenon? Lawyer Li: When making the overall planning, the developer should submit the distribution scope and area to the Housing and Land Administration Bureau for the record. When handing over the house, they can first ask to see the specific scope and compare it with the provisions in the contract. If there are mistakes, developers can correct them. It is not excluded that developers do have some illegal operations.
Netizen: Excuse me, the net height of a room is 2.5 meters in half, 2.4 meters in half and only 2.3 meters in the middle. What should I do? Does it meet the building standards? Lawyer Li: This is lower than the minimum building standard. Netizen: How should the owner negotiate? Lawyer Li: According to some provisions in his contract, this has already met the conditions for checking out, and you can ask the developer to make compensation. If this house is already like this, first of all, it depends on the owner's own ideas. Do you still want to live in the house? If not, you can ask the developer to return a house. Netizen: When some communities check in, there is a problem of arbitrary charges. All expenses that should not be borne by the owner are added to the owner's head. What are the fees that need to be paid after the policy is stipulated? Lawyer Li: Actually, it is some property management fees paid by the property management company, as well as the fees for making some door cards and door mirrors in the community. There are no other charges. Moderator: Today's chat time is over. Thank you Ms. Li for her wonderful explanation. See you next time. Lawyer Li: Thank you, netizens. Goodbye.
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