Article 107 of the Contract Law stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 13 of the Interpretation of Commercial Housing Sales Contract stipulates that if the buyer requests to terminate the contract and compensate for the losses because the quality of the house seriously affects the normal living and use, it shall be supported. If the house delivered for use has quality problems, the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.
brief introduction
In recent years, the downward pressure on the economy is great, the developer's capital reserve is insufficient, the hidden dangers of project quality increase, and the phenomenon of unqualified delivery of houses is not uncommon. In the specific cases we handle, for some small quality problems that can be solved through maintenance, during the warranty period, the developer should be responsible for maintenance or compensation for losses.
For problems that exceed the shelf life and do not involve the safety and quality of foundation and main structure, the owner shall repair and deal with them by himself. If your house is a decoration problem, it can be repaired, and generally the contract cannot be terminated; If the problem is serious enough to affect your safety and life, the purpose of buying this house can no longer be achieved, that is to say, it is impossible to live at all, before the contract can be terminated.