Housing delivery problem: how to deal with common disputes in housing delivery?

What are the common housing delivery disputes? Here are some common housing delivery disputes. What are the common housing delivery disputes? Here are some common housing delivery disputes. House delivery is the behavior that the seller delivers the completed house to the buyer. This paper sorts out several common disputes and puts forward corresponding solutions.

First, the quality problem.

Article 6 1 of the Building Law stipulates: Only after the construction project is completed and accepted can it be delivered for use; Without acceptance or unqualified acceptance, it shall not be delivered for use. ? The current completion acceptance criteria are divided into project acceptance, comprehensive acceptance and phased comprehensive acceptance.

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.

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 bear the responsibility of repairing, replacing, redoing and compensating for the losses. In case of delivery, liquidated damages for delayed performance shall be paid.

The seller shall bear the warranty responsibility. If the seller refuses to repair or delays the repair within a reasonable period of time, according to the Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as? Explain? Article 13: The buyer can repair by himself or entrust others to repair, and the repair expenses and other losses incurred during the repair period shall be borne by the seller.

Third, delay the delivery of the house

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 parties have agreed otherwise? The essence is the reason why 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, so its legitimacy 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.

Whether exemption can be granted should consider the following factors:

1. Could or should the seller have foreseen this?

2. Whether the seller can or should be able to solve it.

3, the reason is enough to delay the construction.

Four, supporting facilities delayed or unable to deliver.

Public facilities are indispensable elements for comfortable living and value growth of houses, and their contents and standards are subject to planning drawings, sales advertisements and sales brochures. Supporting infrastructure includes water, electricity, gas and heating; Supporting public facilities include parking lot, sports ground and swimming pool. A complete infrastructure is a necessary condition for the buyer's normal life. In case of lack of infrastructure, the buyer may refuse to accept the house, and in case of delivery, the seller may be required to bear the liability for breach of contract.

Five, decoration and equipment are not agreed.

Sales contracts often stipulate that the seller provides hardcover rooms, and the decoration materials and technical standards are stipulated in the annexes and supplementary agreements of the contract. 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 authority of government agencies proves that the house has been completed and accepted.

2. Surveying and mapping data issued by housing surveying and mapping institutions, which can be used for ownership registration, and 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 document that explains the structure and performance of the house, the types, performance and standards of various parts (components), and puts forward the matters needing attention in use.

If the seller fails to provide the information in Item 1 and Item 2, the buyer may refuse to accept the house; Not provided? Two books? There was a case at that time: two books? It is stipulated to strengthen the quality management of commercial housing, ensure the after-sales service level of commercial housing and safeguard the legitimate rights and interests of residential consumers. Failure to provide housing does not constitute a condition for refusing to accept housing.

Seven, the housing burden of his 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

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 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 pays or collects 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, property registration fee, certificate fee, surveying and mapping fee, public maintenance fund, etc. If there is no agreement, the buyer shall apply for permission 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 this expense is included in the sales price.

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.