General quality problems include cracks, peeling, hollowing, water leakage and electric leakage. If the quality does not conform to the contract or the usual quality of the house, the buyer may refuse to accept it, and the seller shall be responsible for repairing, replacing, redoing and compensating for the losses. If the delivery is overdue, the liquidated damages for delayed performance shall be paid. If there are quality problems or hidden defects after delivery, the seller shall bear the warranty responsibility. If the buyer refuses to repair or delays the repair within a reasonable period of time, the buyer may repair by himself or entrust others to repair, and the repair expenses and other losses during the repair period shall be borne by the seller.
Two, the housing quality is unqualified, the owner can refuse to accept the house and propose to terminate the contract.
Article 6 1 of the Building Law stipulates: "A building project can only be delivered for use after it has passed the completion experience; Without acceptance or unqualified acceptance, it shall not be delivered for use. " The project acceptance is marked by the project completion acceptance record. Comprehensive acceptance and planning acceptance include the overall acceptance of public facilities, greening, roads and parking lots, as well as the acceptance documents issued by planning, fire protection and environmental protection departments. If the house is not accepted or unqualified before delivery, the buyer may refuse to accept the house and request to terminate the contract. If the quality of the delivered house is indeed unqualified after verification, the buyer can claim the same right.
According to Article 32 of the Regulations on the Management of Urban Real Estate Development and Operation: "After the commercial housing is delivered, 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: "After the commercial housing is delivered for use, if the buyer thinks that the quality of the main structure is unqualified, he may entrust an engineering quality inspection agency to re-examine it in accordance with relevant regulations. 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 the buyer, the real estate development enterprise shall be liable for compensation according to law. "
It can be seen that if the housing quality problem does not pass, the buyers have the right to refuse to accept the house and terminate the purchase contract.
Three, delayed delivery of the house, more than three months may require the termination of the contract and compensation for liquidated damages.
According to Article 15 of the Interpretation, if the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged, the buyer may request to terminate the contract and require the seller to bear the liabilities for breach of contract such as paying liquidated damages and compensating losses, unless otherwise agreed by the parties. The essence of "otherwise agreed by the parties" is that the seller agreed in advance in the sales contract to allow delayed delivery. The establishment of this reason will exempt the seller from the liability for breach of contract for late delivery, so its legality and fairness will become the focus of controversy. Sellers usually take force majeure, government actions, social events, bad weather, technical problems and so on. As an excuse. The author thinks that whether 1 can be exempted should be considered, and whether the seller can or should foresee it; 2, whether the seller can or should be able to solve; 3, the reason is enough to delay the construction.
However, in reality, many developers delay delivery, but few people ask for return a house. In the game of overdue delivery, the developer is always the winner.
There are also property buyers who have obtained due compensation through their own efforts, safeguarded their legitimate rights and interests, and summarized their own rights protection experience:
1, all owners must unite to safeguard their own interests;
2. The owner should elect representatives to negotiate with the developer, instead of everyone scrambling to form a chaotic state;
3. We must avoid physical conflicts and tell developers that the owners are not "wrangling", but to solve things and safeguard their due interests;
4. Refuse the verbal commitment of the developer and ask for written evidence and signature.
Four, supporting facilities delayed or unable to deliver.
Supporting infrastructure includes water, electricity, gas, heating, communication, cable and broadband. Supporting public facilities include parking lots, sports grounds, swimming pools, roads, gardens, greening, hospitals, schools, supermarkets, clubs and so on. A complete infrastructure is a necessary condition for the buyer's normal life. If there is a lack of infrastructure, the buyer may refuse to accept the house. If the delivery is overdue, the seller may be required to bear the liability for breach of contract.
If the description of public facilities in the sales advertisement is specific and clear enough to affect the buyer's purchase and house price, it is regarded as an offer. When the seller refuses or delays delivery, he shall continue to perform, take remedial measures or compensate for losses and other liabilities for breach of contract.
Five, decoration and equipment are not agreed.
Sales contracts often stipulate that the seller provides hardcover houses, and the decoration materials and technical standards are stipulated in Annex III and supplementary agreements. When handing over the house, the buyer found that the materials were low-grade and the workmanship was rough, so there was a dispute with the seller. Materials and process standards shall be subject to the contract. If there is no agreement or the agreement is unclear, it shall be determined in accordance with the provisions of Article 62 of the Contract Law. If the decoration is not in conformity with the contract, the seller shall bear the responsibility of replacement, redoing, maintenance and compensation for losses. When handing over the house, the seller must provide the indoor space test report, otherwise the buyer has the right to reject it. When harmful substances such as ammonia, formaldehyde and radon exist in the decoration, causing indoor air pollution and endangering human health, the seller shall be liable for compensation.
6. Incomplete information about the house.
When the house is delivered, the seller shall provide the following information:
1. The Record Form for Completion Acceptance of Construction Project issued by the government authority proves that the house has passed the completion acceptance;
2, surveying and mapping data issued by the housing surveying and mapping agencies, the data used for ownership registration, can also determine the error between the measured area and the agreed area;
3 residential quality guarantee and residential instructions. The former is the legal document that the seller bears the quality responsibility for the commodity house, and the latter is the structure and performance of the house and the types and performance of various parts (components). Seven. The house bears other rights or property rights defects.
The house delivered by the seller can bear the mortgage of the bank, the creditor's rights of the first buyer, the priority of the project contractor and other rights; Or sealed up by judicial organs or administrative organs according to law or restricted by other forms. Although the property buyers have taken the house, their rights are in an unstable state, and the property right certificate may not be processed, and they will be prosecuted by the real homeowners at any time. If the seller fails to inform the actual situation in advance, the buyer has the right to refuse to accept the house.
After the delivery of the house, if the buyer fails to register the ownership of the house within one year due to the seller's reasons, the buyer may request to terminate the contract and compensate for the losses. If one house and two houses are sold or the mortgage is concealed, the buyer may demand the seller to bear punitive damages according to Articles 8 and 9 of the Interpretation.
Eight, planning, design changes should be promptly notified to the buyer.
Planning involves the overall environment and pattern of the house and even the community; The design is related to the structure, apartment type, orientation, space size and heating mode of the house. If the seller changes the planning and design without authorization, it may affect the use function, comfort and value-added potential of the house, and the buyer's purpose of buying a house will also be greatly affected or even frustrated. Therefore, the seller should respect the buyer's right to know, truthfully inform the change, and the buyer can choose to continue to perform the contract or terminate the contract.
If the planning and design changes are found during the delivery of the house, and the seller fails to inform it in advance or truthfully, the buyer may refuse to take over the house and request to terminate the contract, requiring the seller to bear the liability for breach of contract.
Nine, the early property disputes
The property management enterprise shall have been selected by the owners' meeting and signed a property service contract with the owners' committee. However, before the property is completed and the owners' meeting is held, the property management must be implemented, and the seller can select a property enterprise to implement the preliminary property management according to the identity of the first owner. The content of property management in the early stage is basically the same as usual, and the rights and obligations of the buyer are basically the same. They can accept the services of property companies, and at the same time, they should be bound by the previous property contract and the temporary convention of the owners, and pay special maintenance funds and property service fees on time. The preliminary realty service can be agreed, but before the expiration of the term, the realty service contract signed by the owners' committee and the realty management enterprise will take effect, and the preliminary realty service contract will be terminated.
X. Disputes over payment of taxes and fees
The seller often takes the payment or collection of relevant taxes as the delivery condition, while the buyer holds the opposite opinion. This should be analyzed in detail:
1. If the contract stipulates that the seller will handle the transfer formalities on his behalf, the buyer must pay the necessary registration fees, including deed tax, stamp duty, property registration fee, certificate fee, surveying fee and public maintenance fund. If there is no such agreement, the buyer shall apply for the license and pay the tax directly;
2. Whether water, electricity, gas, heating, cable and broadband must be paid by the buyer should be considered: whether the seller promises to provide them in advance; Whether the expenses are included in the project development cost; Whether the fee is included in the sales price;
, standards, etc. , and put forward the matters needing attention.
3. The buyer must pay the property management fee, but the seller or the property management enterprise shall not take the payment fee as the delivery condition.
Many owners don't know exactly how much they have to pay when they repossess their buildings, which often encourages developers to collect fees indiscriminately. As a reminder, according to the regulations, the one-time payment is as follows:
1. public utility working capital, multi-storey residential 200 yuan/household; High-rise residential 400 yuan/household; The working capital of hydropower must be stored in a special account, earmarked for special purposes, and published regularly, subject to the supervision of the owners or the owners' committee. If the owner pays the fee directly through the bank, he may not charge.
2 decoration deposit, multi-storey residential maximum shall not exceed 800 yuan/household; High-rise residential buildings shall not exceed 1500 yuan/household.
Housing dispute litigation
I elements and contents of prosecution
Prosecution must meet the following conditions:
The plaintiff is a citizen, legal person and other organization that has a direct interest in this case; There is a clear defendant; There are specific requests, facts and reasons; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal.
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. The plaintiff shall pay the case acceptance fee in advance, and if he applies for postponement, reduction or exemption, he shall submit a written application with special certificates or other supporting materials.
The parties must correctly exercise their litigation rights according to law and provide necessary litigation materials according to the requirements of the court.
Second, the proof guide certificate, etc.
Litigants should carefully read the notice of proof in civil cases served by our hospital, and provide our hospital with materials that they think can prove their claims as comprehensively as possible according to its provisions.
Or evidence that refutes the other party's opinion. The following provides you with several typical proof guides for housing dispute cases in general, for your reference in litigation.
(1) Evidence of housing disputes.
The household registration certificate and identity certificate of the individual industrial and commercial households or legal person organizations, etc., as well as the business license and the identity certificate of the legal representative and person in charge; House ownership certificate or use certificate, etc.
(two) the evidence of housing sales disputes
1. If the house sales contract has been completed, the property right certificate shall be issued. Evidence of receipt and payment by both parties, if there is a witness certificate, provide the witness (including the name and address of the witness and the relationship between the witness and the party), and the certificate of delivery of the house after sale, etc.
2. If the house owned by * * * is sold, the certificate of consent of other * * * people and the certificate of the person who has the preemptive right (* * * owner, house lessee, etc.). ) to give up the right of first refusal, it shall be provided.
(3) Proof of vacating the house
Housing property certificate or public housing use certificate, proof of the original housing situation of the vacationer, etc.
(4) Evidence of housing lease disputes
Housing property certificate or public housing use certificate, housing lease contract. If the lessee is required to vacate the house, it is necessary to provide evidence that the lessee has the ability to vacate the house. If the leased house is sublet by the lessee, a sublease certificate is required.
(five) the evidence of housing demolition disputes
Proof of the time, place and population of the original house relocation; The notice of residents moving out, the notice of permission to live and the relocation and resettlement agreement of the demolished house; If it is monetary resettlement, it is necessary to provide the monetary resettlement agreement of the demolition department; Proof that the demolition and the demolition have reached an agreement on compensation and resettlement for demolition, etc.
(six) the evidence of the dispute over the right to housing
Proof of the disputed house * * * and the permanent population and their relationship, as well as proof of the relevant unit or community in the place of residence; Require cohabitants to vacate their houses and provide proof of their ability to vacate their houses, and so on.
(seven) the evidence of housing ownership dispute.
Provide land, real estate registration certificate, house purchase, inheritance, property analysis, gift and other certificates; Evidence such as construction application and approval documents of relevant departments; If the real estate is confirmed to exist, it shall provide proof that * * * contributed to the construction, renovation, inheritance, donation and purchase.
Three. territorial jurisdiction
Litigation brought by real estate shall be under the jurisdiction of the people's court where the real estate is located.
Fourth, the statute of limitations.
The general limitation of action is two years, and the limitation of action for delaying payment, delaying payment and refusing to pay rent is one year; The longest limitation of action is 20 years, that is, counting from the day when you know or should know that your rights have been violated. In the last six months of the limitation period, if it is really not due to the fault of the plaintiff, but due to force majeure or other obstacles, the calculation of the limitation period shall be suspended and the calculation of the limitation period shall continue from the date when the obstacles are removed.
Measures to deal with housing disputes
In case of disputes arising from civil acts such as confirmation, use, sale, lease, pawn and mortgage of the house as the subject matter, as well as disputes over the ownership of the house decoration, decoration, design and ancillary facilities related to the house, the parties concerned have the right to bring a civil lawsuit directly to the people's court.