Ms. Wang, a citizen of Nanchang, spent 1.3 million yuan to buy a commercial house in Ziyang Garden, Huachang, which is also commonly known as "Venice River area (Chengtai)". The contract stipulated that the house should be delivered before 20 14 12 3 1, but Ms. Wang said that she had not received the notice of repossession yet. "Last year, I went to the scene to see it. The balcony on the second floor of the house is not sealed and does not have the conditions for delivery. " To this end, Ms. Wang believes that the developer's delay in delivery is a breach of contract and requires corresponding compensation in accordance with the contract.
owner
The balcony has not been sealed after the delivery date.
On June 7 10, the reporter followed Ms. Wang to the building of Huachang Ziyang Garden 16 she bought. I saw that the only door that could enter Ms. Wang's house was blocked by a pickup truck and some wood, and several construction workers were moving wood to the car. In addition, an open space in front of building 16 is being laid. According to the on-site construction personnel, the foundation is to be built 19 and 20 buildings. "These two days have just started, and it will be completed next year at the earliest. After completion, a platform will be built between the two buildings 19 and 16 to connect the two houses. " The builder said.
A staff member of the sales department also said that the balcony of 16 was not sealed because there were two houses to be built in front of the 16 floor, which would be connected with the balcony of Jianping Hua Ting.
Subsequently, the reporter followed Ms. Wang to the balcony on the second floor. I saw the balcony facing the construction site direction of 19 building, with a distance of about one meter. The reporter found that other completed buildings with the same apartment type as 16 have installed iron gates in the unsealed balcony on the second floor. In addition, the balcony on the second floor of 16 other unit buildings is not equipped with iron gates. "If someone really lives in it and children play here, they are likely to fall, which is very dangerous." Ms. Wang is worried.
developer
The notice was sent, and it was not delayed.
At about 1 1, Yang Xiaoyong, assistant general manager of the project of Jiangxi Huachang Industrial Co., Ltd., the developer of the real estate, told the reporter that the house of 16 had already been completed and passed the acceptance inspection, and the notice of repossession had been delivered to the owner on February 26th, 20th14, and there was no delay in delivery. "From the day we sent the notice, it was the default that the owner had taken the house and began to calculate the property fee, except for those cases where the notice was returned for objective reasons." Later, Yang Xiaoyong showed the reporter the delivery conditions agreed in the purchase contract, that is, "those that meet the acceptance of commercial housing can be delivered to the buyer."
"Building 19 and Building 20 are under construction, which will indeed cause inconvenience to the owner of Building 16, but that is a comprehensive acceptance condition outside the contract, which only shows that the house in Building 16 has defects in use and cannot be said that it does not have delivery conditions." In addition, Yang Xiaoyong said that the balcony on the second floor was not closed, which exceeded the contract delivery conditions and could not be used as a criterion for judging whether the house was completed. "As long as the owner tells us the closing time in advance, we can clean the wood at any time and install iron gates on the balcony."
truth
The notice that the owner's contact information is wrong was returned.
In order to confirm whether the developer has sent a notice of repossession to Ms. Wang, the sales girl went to find the returned notice of repossession and found the notice sent to Ms. Wang. The date written on it was 2014 65438+February 26th, and it was recalled because the number was wrong and the owner could not be contacted. After comparison, the telephone number written on the email is only one digit away from the telephone number left by Ms. Wang in the purchase contract. In this regard, Yang Xiaoyong said, "Whether the staff filled in the wrong number or the courier copied the wrong number, it was all caused by our work mistakes. However, at least it shows that we still have the obligation to inform the owners to close the house. " Yang Xiaoyong believes that "even if the mail does not reach the owner accurately, the owner has the obligation to take the initiative to come to us to close the house when it is time to close the house."
Because the construction environment has brought defects to the normal use of 16 building, the developer has also given corresponding compensation measures. "We will waive Ms. Wang's property fees in recent years, and then calculate the property fees after the road in front of the door resumes normal use, and the future property fees will also be given certain concessions."
lawyer
Only when the buyer signs for it can the obligation of informing be fulfilled.
"According to the provisions of the Civil Procedure Law on delivery, the developer must actually sign the notice and fulfill the notification obligation. However, the case was not delivered, and the developer's work mistakes caused the owner's contact information to be wrong, and the responsibility should be borne by the developer. " Xie, a lawyer of Jiangxi Aimin Law Firm, said, "In addition, according to the relevant laws and regulations, the delivery of the house must have procedures such as residential quality guarantee, residential instruction manual and acceptance by relevant departments. Whether the developer in this case meets the delivery conditions depends on whether the procedures are complete. "
(The above answers were published on 20 16-03- 18. Please refer to the actual situation for the current purchase policy. )
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