Don't worry, know the precautions before handing over the house.

Don't sign the house when you hand it over. What conditions should I meet before handing over the house? What are the procedures for handing over the house? What problems should I pay attention to when handing over the house? If you are not satisfied with the house, can you check out ... and so on. You have to know these problems related to delivery in advance and do your homework.

1. What conditions should be met for the delivery of new houses?

According to the regulations, developers must meet the following conditions when delivering commercial housing:

1, verified by the construction engineering quality supervision institution.

Commercial housing is generally verified by the construction quality supervision station of the district or county where it is located, and a written certificate is issued to prove whether it is qualified. Qualified, must also indicate the quality level, such as qualified, excellent, etc.

2. The building to which the residential house belongs must obtain the residential delivery permit.

The building to which the residential house belongs needs to obtain the residential delivery permit, which shall be issued by the municipal or district housing and land administration bureau. Houses that have not obtained a permit shall not be delivered for use, and the public security household registration management department shall not register in registered permanent residence. You can log on to the website of the Housing Authority.

3. Obtained the real estate license (title certificate) of the newly-built commercial house.

In fact, as long as you get the "big production certificate", you must meet the conditions listed in Article 1 and Article 2. If there is no "property right card", the developer can't handle the handover procedures. If the developer delivers the house to the buyer in advance, the buyer should reject it.

Many property buyers entered the site for renovation in advance when the developer's house did not meet the statutory delivery conditions. When the delivery period expires, the developer cannot deliver the house that meets the standards agreed in the contract. Or the match is not in place; Or quality problems or property rights disputes; Or part of the fees have not been paid, resulting in the inability to obtain the residential delivery permit and the real estate license of commercial housing on time.

At this time, property buyers can only be in a dilemma: check out, has invested a lot of decoration funds, time and energy; If you don't pay it back, life is really inconvenient, or you can't live at all. Moreover, even if it is required to return a house, the property buyers can't ask the developers to compensate for all their economic losses, because the property buyers are also at fault and should bear certain responsibilities for the losses caused by the early decoration. Therefore, when you close the house, you must review whether the developer meets the above conditions.

Second, the general process of new house delivery

1, pay attention

After obtaining the property right certificate of commercial housing, the developer shall notify the buyer in writing to accept and hand over the house within the agreed time. The term of repossession agreed by the developer is generally within 30 days after the notice of repossession is issued. According to the relevant regulations, if the buyer fails to go through the relevant formalities at the designated place within the agreed time, it is generally deemed that the developer has actually delivered the house to the buyer for use.

Step 2 accept

Property buyers shall, in accordance with the standards stipulated in the purchase contract, check and accept the quality of housing projects and supporting facilities one by one, and make records. At the same time, don't neglect to check whether the property rights of the house are clear.

At the time of acceptance, the developer should take the initiative to show the quality inspection certificate of the construction project and the real estate license of the commercial house to the buyers. Developers do not produce, property buyers can refuse to accept, developers should bear the responsibility.

3, provide the "residential quality guarantee" and "residential instructions"

According to the relevant laws and regulations, such as "Provisions on Implementing the System of Residential Quality Guarantee and Residential Instruction Manual for Commercial Housing", when the commercial housing is delivered for use, the residential quality guarantee and residential instruction manual shall be provided. According to this regulation, the "Residential Quality Guarantee" is a legal document for the developer to bear the quality responsibility for the commercial housing sold, which can be used as a supplementary agreement for the pre-sale and sale contract of commercial housing and has the same effect as the contract. The developer shall bear the warranty responsibility in accordance with the "residential quality guarantee". Developers do not provide, property buyers can refuse to sign the housing handover book. After the commercial housing is sold, if the property management company and other units are entrusted for maintenance, the entrusting unit shall be clearly defined in the "Residential Quality Guarantee"; The "residential instruction manual" shall explain the structure and performance of the house and the types, performance and standards of each part (component), and put forward the matters needing attention in use.

4. Sign the house handover book.

Property buyers to check the house and its property rights, that meet the conditions agreed in the contract, should sign a house handover book with the developer; For those who do not meet the contract, they should make records and ask the developer to sign until the developer's house fully meets the delivery standards, and then sign the house handover book.

Third, the main points that the owner should pay attention to when closing the house

1. Before the house inspection, if the developer asks for payment or signs documents, the owner must not agree, otherwise the quality problems found by the owner during the house inspection will have to be solved at his own expense.

2. If the developer proposes to handle the title certificate, the owner can refuse, because the owner of the title certificate can do it himself. If it is handed over to the developer, the owner will pay the agency fee to the developer.

The house key must be collected in advance.

Property buyers can not sign the "residential key receipt" before closing the house, get the residential key and go through the check-in formalities. Because according to the Interpretation of Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes (hereinafter referred to as the Judicial Interpretation of Commercial Housing Sales), "turnkey" refers to the delivery of the house. Therefore, after receiving the residential key, the house inspection found problems, and the developer only assumed the responsibility of housing quality maintenance, without the pressure of overdue delivery.

4. the quality problems found in the house inspection must be written in black and white on paper, and you can't listen to the verbal commitment of the developer. Besides, the time when the developer promises to solve the housing problem should also be made clear, so that the owner will not be helpless after the developer delays indefinitely.

5. Documents that must be carefully checked when closing the house.

During normal handover, the Owner shall check the following documents:

First, real estate developers must obtain the "Construction Project Completion Record Form", which is mandatory by the state.

Second, the "two books" often mentioned-Quality Guarantee and Instruction Manual, which are required by the Ministry of Construction's Measures for the Administration of Commercial Housing Sales, should be provided by the developer when handing over the house.

Third, the developer has obtained the measured data of the area through the professional surveying and mapping unit recognized by the state to see if there is any discrepancy with the agreement in the purchase contract, so as to solve the problem as soon as possible.

4. Can I be held accountable for overdue delivery after the house is closed?

Don't worry about the developer's overdue delivery, and don't worry that once the house is closed, the developer can no longer be held accountable for breach of contract. The reason for this is the following：

First, there is no clear order of repossession and investigating the developer's responsibility for overdue delivery, and there is no law that the developer cannot be investigated for breach of contract after repossession;

Second, in the case that the developer has overdue delivery and has no exemption, whether and when to investigate the developer's liability for breach of contract is entirely the property buyer's own right;

Third, unless the buyers explicitly give up, the repossession itself does not mean that the buyers give up the responsibility of investigating the developer's breach of contract. Of course, there is a statute of limitations to investigate the developer's liability for breach of contract, and the property buyers should claim their rights within two years from the date of the developer's actual delivery.

5. When can I check out?

Due to some irregular operations in the process of buying and selling, as well as the problems of developers in terms of funds and project progress, check-out incidents have occurred from time to time. Under what circumstances can property buyers return their purchased houses?

1, delayed delivery

This situation is the most likely situation for buyers at present. When the developer and the purchaser agreed to hand over the house in the contract, they did not get the notice of occupancy from the developer. The average developer can't deliver the house for more than 3 months, and the purchaser can ask the developer to return the house, and ask for double refund of the deposit or payment of interest on the house payment.

2. The developer lacks the Certificate, which makes the contract invalid.

At present, developers must have complete documents to sell houses in Gai Lou. If the developer's documents are incomplete, it is illegal to operate, and the contract signed with the buyer is invalid. Because it is an invalid contract, the purchaser should vacate the house and the developer should return the house payment paid by the purchaser.

The developer changed the design without the buyer's consent.

In the contract signed between the purchaser and the developer, it is generally agreed that the developer must obtain the consent of the purchaser before changing the design. Otherwise, the developer constitutes a breach of contract and the purchaser has the right to return a house. If the developer changes the type, orientation and area of the house without the consent of the buyer, the buyer may require the developer to return the house according to the contract.

4. Unable to get a loan.

When signing a contract, there is an agreement on commercial loan or provident fund loan except one-time payment or installment payment. If it is a provident fund loan, the developer needs to issue relevant information and submit it to the provident fund collection department for review. If the information provided by the developer shows that it does not meet the conditions of provident fund loans, the purchaser can not obtain provident fund loans, and the purchaser can request to return the house.

5, can't get the title certificate.

Because of the developer, the buyer can't get the property right certificate within the time limit agreed in the contract. If this condition is agreed, the buyer can request to return the house. In addition, due to the irregular operation of some properties in previous years, some developers have defaulted on the government land transfer fees and other issues, resulting in buyers who have purchased these properties being unable to get the property ownership certificate after staying for many years, and buyers can also request to return a house.

6. The housing area error exceeds 3%

At present, if the absolute error ratio between the measured area at the time of delivery and the temporarily measured area at the time of signing is within 3% (including 3%), the court will not support the buyer's request to return the house. And if the absolute value of the area error ratio exceeds 3%, the buyer asks to return the house and asks for the return of interest, and the court will decide that the buyer wins the case.

7. The house quality is unqualified.

The unqualified quality of the house is the "hard injury" of the house. In this case, first of all, it is difficult for developers to get the "Completion Record Form" and cannot hand over the house. Or after the house is delivered for use, it is verified that the quality of the main structure of the house is indeed unqualified. It is reported that up to now, the Beijing Municipal Court has not decided to return a house because of the unqualified housing quality.

8. The quality of the house has seriously affected the use.

(The above answers were published on 2017-01-19. Please refer to the actual situation for the current purchase policy. )

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