11 Inspection Cases

11 Inspection Cases

1, housing quality

Typical case : At the end of September last year, at the end of September, when a house was leaked, the roofs and walls leaked, and the basement was covered with seas. The wire casing that was dug out was rusted and corroded, and the sinking garden rain poured into the water.... Yu Dong Villa almost no leakage. In the open letter to the owner, the developer apologized to the owner for leaks on the roof and in the basement. Due to poor construction quality, the total package unit had been cleared up by the developer.

Rights Protection Review: Recently, the Construction Commission issued the "Responsibility Checkpoints for Quality Control of Residential Projects," which stipulates that from March 1 this year, the city will comprehensively promote the inspection and acceptance system of new residential units. If the acceptance of the quality of the residential project is unqualified, the construction unit may not organize the acceptance of the project. When the residential project completion acceptance review finds that the acceptance conditions do not conform to the relevant regulations, the contents of the individual acceptance records are untrue, or there are major quality problems that affect the main use functions, the acceptance shall be terminated, corrections shall be ordered, and acceptance may not be reorganized until the requirements are met. Non-compliance inspections will be recorded in bad records or other penalties. After a “one-on-one inspection”, if the developer’s house has quality problems, it will face renovations, which may result in delayed delivery. In the event of delayed delivery, consumers are entitled to claim compensation from the developer in accordance with relevant regulations.

2, the collection process

Typical Case 1 : The Notice on Regulating the Pre-delivery of Pre-sale Commercial Housing Prior to January 1, which was implemented on January 1, clearly stated that “the money should be paid after the house is delivered first”. However, there are still individual developers who have to avoid problems for individual owners. The refusal to accept the house, most developers will not easily give up the "first payment after the key to the" house collection methods, such as the emergence of owners dissatisfaction, the solution is to make the property limited maintenance, but also to accept the check-out.

Rights Protection Comment : According to Zhuang Qingzhong, a lawyer from the Guangdong Branch of the Guangdong Law Offices, the settlement dispute is a typical case in real estate cases. "In fact, it is because everyone does not understand the contractual relationship. The developer intentionally confuses the sale and purchase relationship in the contract." In addition, the developer's use of word games in the contract for branded products is also a common problem in disputes over housing collection.

In actual operation, the majority of the collection disputes are resolved through timely maintenance of the property or exemption from the property fee for several months. The most serious problem is check-out. However, the contractual contractual delay for the developer to pay the house is only two ten-thousandths, plus property appreciation and the buyer has occupied the first year of the first payment, the developer took the house back and did not suffer.

“However, in the future, if buyers don’t agree with the house and refuse to close the house, they will not be able to accept the house until the delay due to the quality of the house. This has great impact on the developer.” Zhuang Qingzhong analyzed.

Typical Case 2: Mr. Liu (a pseudonym), the owner of a villa project, received a plan change notice from the developer and purchased the two-storey villa to be converted into a six-storey board building. According to the contract at that time, Mr. Liu had only two options, either checking out within 15 days or agreeing to change. Developers who change the original plan without authorization do not have a clear liability for breach of contract.

Rights Protection Comment: Zhuang Qingzhong, an attorney of Beijing (Beijing) Law Firm, told reporters that buyers in the past had no idea about the planning of products. The developer can change the construction plan through the owner’s hearing. If the owner disagrees, the owner must check out within 15 days. Otherwise, it is deemed as approved. The developer pays only minimal compensation to the outbound owner for default. The new contract launched this year requires that the project construction plan for the building where the house is located must be included in the annex to the contract. The construction plan promised by the developer to the owner must be consistent with the public notice. This means that in the future, the developer's change plan must first bear a clear responsibility for breach of contract. At the same time, after receiving the report and verification from the owner, the Construction Commission may order the developer to stop work. It is not only difficult for the developers to change their plans for violation, but also the cost will be huge.

3, change planning

Typical case: At the end of last year, a real estate developer collectively refused to accept the house, because developers found that when the developers delivered the “large public areas or open-air loess, green facilities, parking lots and clubs and other ancillary facilities have not been completed, simply do not meet the standard.” The developer believes that there was an agreement in the previous contract, as long as the relevant department "acceptance record form" can be submitted to the house, the documents are available so it is not a breach of contract.

Rights Protection Comments : Many owners have encountered similar situations. According to the terms of the old house purchase contract, acceptance of the record can be made. At the beginning of this year, the city launched a new version of the contract for the purchase of homes, supplementing the provisions on the need for simultaneous delivery of the package and demanding that it meet and meet the conditions for the other facilities such as the municipal public infrastructure and public services when the house is delivered. The lawyers of Real Estate Committee of Beijing Lawyers Association and the lawyer of Beijing Longan Law Firm Chen Xu said that while the new contract further implements the provisions for supporting simultaneous delivery, the government should also improve the acceptance criteria for the completion and strictly record the case to eliminate such disputes from the source. occur.

4, property management

Typical case : When the former property company evacuated, the property management start-up funds of about 3 million yuan were not handed over, nor did they explain their use and whereabouts. The owners of the Jianxiang Park in Haidian District expressed dissatisfaction with this practice of the former property company. The Xiangxiang Park Industry Committee sued Beijing Jingxiang Property Management Co., Ltd. to seek legal solutions to the dispute.

Rights Protection Review : Qin Bing, a lawyer of Beijing Hanzoo Law Firm, believes that the unclear whereabouts of property management start-up funds are problems in many communities, and no one has heard of which community has transferred property management start-up funds. It is likely that the owners are not aware of this. The result of the situation. The promulgation of the "Property Management Regulations" also provided the owners with a strong legal basis.

According to related regulations, “The start-up funds for residential property management are to be delivered to the property management committee or property management company in a one-time ratio of 2% of the construction and maintenance fee of the development and construction unit of the residential community.” The expenses for repairs and other expenses shall be included in the public maintenance fund and listed under the title of the title holder.

5. Postponed

Typical case : The developer should submit the house to the owner on October 31, 2007. At that time, the water, electricity, and gas were all ready in the Xihu Community. The elevator, monitoring, and other hardware equipments had been put into operation. Property, security, and cleaning services. Staff have also taken up posts.” However, the development companies have been involved in one another, and one of the parties has refused to go through the final procedures, resulting in more than 200 residential owners who have been unable to stay.

Opinions on rights protection: In case of default of overdue payment, Article 13 of the purchase contract expressly stipulates that the buyer has the right to check out after more than 30 days. If the buyer requires the continuation of the contract, the contract shall continue to be performed. From the day after the expiry of the agreed delivery term to the date of actual delivery, the seller shall pay the buyer a daily payment of all breaches of two-tenths of the liquidated damages. , and pay the buyer liquidated damages within 7 days from the date of actual delivery of the commodity house.

The second is no check-out, buyers have the right to require the developer to pay the overdue liquidated damages from the date of the contract submission to the actual delivery deadline, and pay 10,000 yuan per day for the total housing price. The developer should pay the penalty fee. Give home buyers, or overdue pay the penalty interest according to PBOC overdue loan interest rate.

However, the contractual contractual delay for the developer to pay the house is only two ten-thousandths, plus property appreciation and the buyer has occupied the first year of the first payment, the developer took the house back and did not suffer.

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