What's the use of the notice of repossession?

There are four functions of the notice of repossession: ① Notification function: mainly to fulfill the notification obligations stipulated in the co

What's the use of the notice of repossession?

There are four functions of the notice of repossession: ① Notification function: mainly to fulfill the notification obligations stipulated in the contract between the buyer and the seller in written form, which proves that we have fulfilled the contract. ② Fixed effect on the delivery time of the house: even if there are many owners at the time of delivery and it is necessary to repossess the house in batches to improve work efficiency, the specific time should still be written in the notice of repossession. ③ Determine the role of risk transfer and risk taking: According to the regulations, if the buyer refuses to take over the house without justifiable reasons after receiving the notice of repossession, the risk of damage or loss of the house shall be borne by the buyer from the delivery date determined in the written notice of repossession. ④ Its nature is not a legal document: although the notice of repossession has the above-mentioned legal purpose, its fundamental nature is a notice document, which has not been upgraded to a legal document negotiated by both parties.

First, the notification function of the notice of repossession, generally also known as delivery notice, occupancy notice, invitation letter, etc. No matter how its name is changed, it is mainly to fulfill the obligation of informing stipulated in the contract between the buyer and the seller in written form, which proves that we have fulfilled the contract.

Since the notice of repossession plays the role of informing, the content should be clear, so as to avoid the owners from pestering them for failing to repossess the building in time because of unclear location, incomplete materials and related expenses, thus shirking their responsibilities. The specific telephone number can be indicated at the end of the notice of repossession to prevent omission.

Second, the fixed role of the delivery time of the house. Even if there are many owners when the house is handed over, the house should be closed in batches to improve work efficiency. The specific time should still be written on the notice of repossession, "expressed as a certain day of the year (which can be divided into morning and afternoon)", rather than a statement similar to "a certain day of the year to a certain day". If the second expression is before the delivery date, it is really convenient. But in reality, the notice of repossession is often issued a few days before the delivery date agreed in the contract. If the span of repossession given in the repossession notice has exceeded the clear handover date agreed in our contract, and the owner just repossessed the building the next day, it will make the owner mistakenly think that the developer has delayed the handover because of unnecessary disputes.

Iii. Determining the role of risk transfer and risk taking According to the regulations, if the buyer refuses to take over the house without justifiable reasons after receiving the notice of taking over the house, the risk of damage or loss of the house shall be borne by the buyer from the delivery date determined in the written notice of taking over the house; Colleagues, this also involves the starting point of property management fees and other expenses.

Therefore, the address of the notice of repossession must be based on the address in the sales contract signed by the owner, and there can be no mistakes. The owner's request for change cannot be based on telephone or oral notice, but on contract or written materials. Because according to the agreement of the purchase contract between the two parties, both parties have received the notice of repossession from the other party within a reasonable time after sending the letter to the address agreed in the contract.

Fourth, its nature is not a legal document to take over the house. Although it has the above-mentioned legal purpose, its fundamental nature is a notice document, and it has not risen to a legal document negotiated by both parties. Therefore, the wording should be warm and cordial, and strive to achieve the artistic conception of "welcome home".