Matters needing attention in house decoration
First, look at whether the developer has the conditions stipulated in the contract, and look at the two books and one form issued by the developer, which is one of the necessary conditions for repossession.
Specifically, the residential quality guarantee, residential instruction manual, completion acceptance record form and occupancy certificate. At present, China's real estate industry in the "residential quality guarantee" and "residential instructions" has formed a general unified trend, with fewer problems; The main problem is the completion acceptance record. According to the relevant provisions of the state, every item on the completion acceptance record must be reported to the competent department for the record. You can't just look at whether the developer has this form, and you must carefully check whether all the sub-items are filed, such as fire protection facilities. "Completion Acceptance Record Form" is strictly binding on real estate developers. As long as it is reported to the competent authorities for the record, the developer must be responsible for the property for life. If there is a problem, if it is the fault of the developer, the responsibility can be investigated. If there are no problems, you can proceed to the next step. If there is a problem, it is recommended not to take the house.
Second, it requires unconditional viewing.
When you finish the first step and want to see the house, many developers always ask the owner to make up the house payment (if the area increases), pay the public maintenance fund (2% of the total house payment), pay the property management fee for one year, then go through the check-in formalities, get the house key and related information, and then take over the house. If there is anything wrong with the house, hand it over to the property for slow maintenance. No matter according to the law and most of the purchase contracts, the payment of public maintenance funds, deed tax and other fees can not be used as a prerequisite for developers to deliver houses. Before delivery, the owner has the right to check and accept the house first. If there is any quality problem, the developer should fix it within a time limit, which leads to the owner's overdue occupancy, and the developer should bear the liability for breach of contract.
On the premise of paying various fees that should not be paid (public maintenance fund, property agency fee and property management fee), the developer unilaterally sets the obligation to collect the house payment for the owner. According to the law, the owner of deed tax and public maintenance fund must pay to the tax department and community office when handling the property right certificate. As for the property agency fee, the owner has the right to choose to handle the property right certificate by himself, and the developer has no right to charge the owner forcibly. Therefore, the developer has no right to charge the owner the deed tax, public maintenance fund, property agency fees and other fees beyond the legal provisions when moving in, otherwise the owner has the right to refuse to pay. If the developer refuses to deliver the house to the owner on this ground, the legal responsibilities such as delayed delivery shall be borne by the developer. The developer said that it is collecting public maintenance funds, and it is necessary to issue a power of attorney (original) from the collecting unit. Even when the Housing Authority collects the maintenance fund, it must also issue a special invoice for the Beijing residential maintenance fund to the buyers under the unified supervision of the Beijing Municipal Finance Bureau.
At this time, many developers will say that the area has risen and demand to pay the house price. At this time, most of the increase is the pool area, requiring developers to issue a "measured area table" (whether it is rising or not). If so, write it down and prepare for the next step. You can't pay any money at this time, because the reason has been explained. If not, you have to ask the developer to provide it within a time limit and you can't accept the house.
Three. Check the quality of the house according to the contract (including the contents of the offer contract, that is, the building book, advertising brochure and sand table carried out by the developer in advance). Please carefully review the items listed in Articles 9, 13 and 14 of the Fund-raising Housing Agreement to ensure that they are all consistent, otherwise the house will not be closed. As far as I know, the elevator room on the first floor promised by the developer in the contract is granite floor, and now it is floor tile, so this item is unnecessary. And compensate for the losses) Article 9, Article 1, "If the quality of the house is not reduced or the use function is reduced, Party A does not need to compensate" (at present, the original non-load-bearing wall (9cm thick and detachable) of the owner's house has been changed to a load-bearing wall (20cm thick and detachable) to reduce the use area. Some owners have added two big pillars in the kitchen and bathroom, and the purpose is unclear. It reduces the use area and affects the use function of the kitchen and bathroom. Similar to the above situation, the developer can be required to pay compensation according to this rule. Greening can be used as an offer contract in auction houses, advertising brochures, publicity color pages and sand tables. The green belt shown on the bidding contract of this project is quite different from the residential area seen by most owners at present. It can be said that there is no green area, let alone about 30%. If the developer does not give a reasonable written explanation and compensation, it is recommended not to close the house, otherwise you may live in a pigeon coop all your life.
I suggest that you don't accept the house on the first day and the second day, because many people will come to accept the house at the same time on those two days, and the people accompanying the house inspection don't have much time to accompany you to see the house carefully. It is better to close the house on the third or fourth day, which usually lasts 2-3 hours. It is suggested to go at 8: 30 am or 2: 30 pm.
Four, check whether there is any difference between the housing area agreed in the contract and the actual area.
Sales area of commercial housing = interior construction area+public sharing area. It is quite difficult for buyers to estimate the public (* * *) construction area and * * * shared construction area of this suite by themselves, but the construction area of this suite can be calculated. You should ask the developer to issue the completed measurement form issued by the Beijing Housing and Land Administration Bureau or the surveying and mapping team directly under the District Bureau. If the interior construction area is too different from the area agreed in the contract or the area shown in the measurement report issued by the developer, you should ask the surveying and mapping agency for reasons or ask for a second interview.
Verb (abbreviation of verb) Check whether the supporting facilities agreed in the contract are complete.
In addition to the indoor part, the supporting facilities also include whether the synchronous construction, handover, garage, clubhouse, greening and landscape garden of the community meet the commitment, whether the decoration of public parts such as lobby, corridor, wall, floor and roof meets the commitment, and whether it is equipped with mailbox, elevator and perimeter alarm system. When inspecting the supporting facilities, except for the terms contained in the contract, all the publicity materials of the developer in the early stage are regarded as annexes to the contract.
Six, the following seven circumstances can refuse to accept the house according to law.
According to the Measures for the Administration of Commercial Housing Sales, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Disputes (hereinafter referred to as the Judicial Interpretation) and other relevant laws and regulations, consumers may not take back their houses under any of the following circumstances:
1. Failing to obtain the residential quality guarantee, residential instruction manual and completion acceptance record form; Basis: Articles 32 and 34 of the Measures for the Administration of Commercial Housing Sales;
2. The developer delays the delivery of the property beyond the original contract without any reason, and delivers the property for more than three months after being urged by the purchaser; Basis: Article 15 of the judicial interpretation;
3. The developer changes the housing structure and supporting environment agreed in the contract without the approval of the relevant departments; Basis: Paragraph 1 of Article 24 of the Measures for the Administration of Commercial Housing Sales;
4. The developer changes the house structure without the consent of the buyer; Basis: Paragraph 2 of Article 24 of the Measures for the Administration of Commercial Housing Sales;
5. If there is no agreement in the contract, and the absolute value of the error ratio of the actual delivery area of the house is above 3% (excluding 3%), you can return the house and terminate the purchase contract; Basis: Article 14 of the judicial interpretation;
6. After verification by a qualified quality inspection agency, the quality of the main structure of the house is really unqualified; Basis: Article 12 of the judicial interpretation;
7 housing quality problems seriously affect the normal use of living; Basis: Article 13 of the Judicial Interpretation (the full text of the above provisions can be found on China Housing and Real Estate Information Network:);
After you inspect the house and prepare to sign the house acceptance form, you must sign the property management convention first, and make an agreement in advance to avoid future corrections. You need to know what constitutes the property management fee to be paid in the future, and how to verify the cleaning fee, security fee and greening fee. At the same time, check the qualifications of the property management company in your residential area to see if it meets the management standards you require. After all the basic procedures are completed, you can sign for the house acceptance certificate. > in short, in the process of repossession, we must make sure whether each item conforms to the contract. If any problem is found, it should be promptly fed back to the developer, requiring the developer to sign in writing and make rectification within a time limit. Finally, I wish all owners success in repossession and move into their new homes as soon as possible.
(The above answers were published on 2013-11-07. Please refer to the actual situation for the current purchase policy. )
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