Job Recruitment Website - Property management - Housing inspection experts interpret matters needing attention in new house delivery.
Housing inspection experts interpret matters needing attention in new house delivery.
Yes, as a novice buyer, the matters needing attention in handing over a house are as follows: The reporter interviewed famous house inspection experts and house quality diagnosis and evaluation experts for your detailed interpretation, suggesting that you need to collect it for later use or share it with more buyers or homeowners.
First, the first acceptance before delivery.
Some developers still fail to meet the statutory delivery conditions within the agreed delivery period, or there are quality defects in houses or supporting facilities. In order to pass on risks and avoid responsibilities, buyers are required to take advantage of their eagerness to close their houses.
Sign the key, sign the occupancy agreement, and then check the house. Once the property buyers fail to plan ahead, it will not only be difficult to investigate the developer's liability for breach of contract in the future, but also often lead to housing.
Or the quality defects of supporting facilities and the responsibility for warranty and maintenance are unknown.
Wang Qinghong: Although the developer delivered the house to the buyer according to the time agreed in the contract, according to Article 17 of the Regulations on the Management of Urban Real Estate Development and Operation, the real estate development project can only be completed after passing the acceptance.
Delivered for use; Unqualified acceptance shall not be delivered for use. Because the delivery does not meet the delivery conditions stipulated in the contract and the law, the so-called delivery cannot produce legal delivery, and the buyers have the right to refuse.
Delivery, the developer has constituted the actual overdue delivery, and should bear the liability for breach of contract for overdue delivery.
Wang Qinghong: The process of house acceptance can be divided into two parts: written acceptance and on-site acceptance. Written acceptance includes checking the documents that can be delivered by the house (such as completion record and measured area data). ) and receive the "residential quality guarantee"
Certificate of Conformity and Residential User Manual (note the delivery date inside). In particular, readers are reminded that developers must provide the newly formulated "Quality Guarantee for New Commercial Residential Buildings" and "Use Guarantee for New Commercial Residential Buildings".
Description ".
The specific contents of on-site acceptance include:
1. Whether the delivered house is purchased by you and whether its structural design is consistent with the original drawing;
2. Whether the quality of the house is qualified and whether the doors and windows conform to the contract;
3 water, electricity and other ancillary facilities in place as agreed in the contract;
4. How are the items in other contracts agreed?
Wang Qinghong, a well-known expert in house inspection, expert in house quality diagnosis and evaluation, and chief expert of China House Inspection Company: If there is any discrepancy in the above house inspection, you can refuse to sign for it and record it truthfully in the handover record.
, it is best to register the reason for rejection and send it to the developer. For the problem of missing or shrinking supporting facilities and violating the planning, you can contact other property buyers and ask the developers to make up or compensate, because individual property buyers are mutually supporting.
Objections or demands are often weak. If necessary, you can jointly complain to the competent department or even file a lawsuit.
Second, clear the fees charged by developers.
Wang Qinghong, a well-known expert in house inspection, expert in house quality diagnosis and evaluation, and chief expert of China House Inspection Company: Buyers will inevitably pay some fees when handing over the house, such as the final payment of house purchase, property management fee, decoration deposit, etc.
Certificate (can't be collected directly from the owner), decoration garbage clearance fee, etc. As for the charging standard of property management fees, according to the Measures for the Administration of Commercial Housing Sales, the developer has hired a property management enterprise when signing the sales contract.
Yes, buyers should sign property management contracts with property management companies. In reality, some developers promise different property fee standards to promote sales according to the requirements of buyers, and some adopt different fee standards for different consumer groups.
Property buyers who sign contracts with developers alone often don't know other people's payment standards. As a market-oriented property management service, different charges for the same service constitute a high unit price for uninformed property buyers.
Discrimination.
Wang Qinghong: In another case, the developer verbally promised a low-standard property fee but there was no written agreement. Before and after the delivery of the house, he signed a property management entrustment contract (pre-management) with the property service at a fee higher than the verbal commitment.
Suggestion: For price discrimination, you can complain to the price department or bring a lawsuit or arbitration directly to demand the consistency of price standards. For the increase in property fees, if you can collect enough evidence to prove the verbal commitment made by the developer (if it is legal,
Recording, etc. ), you can ask developers to abide by their commitments or subsidize the price difference. If you can't prove it, you have to convene the owners' meeting as soon as possible and hire a new property company. At present, the dispute about the public maintenance fund paid by the buyers at the time of delivery is also
More.
Third, beware of the protocol trap.
Wang Qinghong: Some developers take advantage of buyers' eagerness to close their houses or neglect to take precautions, and set traps. When handling the handover, they asked the buyer to sign an agreement or clause that was unfavorable to the buyer. In this city, it happened that the developer voluntarily paid part of the liquidated damages in the supplementary agreement, and stated that "both parties will no longer advocate other liabilities for breach of contract" and other similar words requiring the buyers to give up their rights.
For this kind of agreement, it is necessary to remind buyers that once the agreement is signed, it has legal effect, and it is difficult to recover the abandoned rights. Delivery is the obligation of the developer according to the contract and the law. In the absence of legal provisions or contractual stipulations, the developer has no right to propose new delivery conditions, and the buyer has the right to refuse to sign such agreements or terms.
IV. Details of Precautions for New House Delivery
1. Pay attention to the house payment agreement.
The customer and the developer agreed in the contract that the developer has the right to postpone the delivery of the house before the house payment is settled, and the customer must settle the house payment before receiving the commercial house.
2. Pay attention to the fact that property fees can't increase in price.
Wang Qinghong, a well-known expert in housing inspection, expert in housing quality diagnosis and evaluation, and chief expert of China Housing Inspection Company:: According to the current regulations, newly-built residential quarters are generally selected by developers to hire property management companies and signed in advance.
Property management agreement. When signing the purchase contract, the developer has the obligation to show the temporary owners' convention to the purchaser and make an agreement on property fees and other related matters. Therefore, if there is a problem of rising property fees in the repossession of commercial housing,
Owners can claim rights accordingly.
3. Note that the property fee can be paid monthly.
At the time of check-in, most developers or property companies require the owners to pay the property management fee for one year or more in one lump sum. Wang Qinghong: According to the relevant regulations, various fees for property management can be collected monthly, quarterly and annually, but the property management fees for many years cannot be collected in advance.
4. Pay attention to the deed tax signing agreement.
According to the regulations, the deed tax is generally paid to the deed tax collection authority when the buyer and the seller handle the transfer or change of property ownership. In reality, most developers require owners, especially mortgage owners, to pay deed tax, transaction fees and other related expenses when handling housing occupancy, otherwise they will not go through the occupancy formalities.
Wang Qinghong, a well-known expert in housing inspection, expert in housing quality diagnosis and evaluation, and chief expert of China Housing Inspection Company: The reason why developers ask for this is because for the owners in mortgage to buy a house, the housing ownership certificate is not.
Before the completion, the developer shall bear joint and several liability. If the owner fails to pay the deed tax, transaction fee and other expenses that should be paid when handling the property right in time after moving in, it will lead to the delay or inability to handle the real estate license.
Reason. Owners are unwilling to pay these fees when they move in because they are afraid of misappropriation by developers.
The solution to this problem is that the owner and the developer negotiate and sign a deed tax payment agreement, stipulating that both parties should bear the liability for breach of contract.
5, pay attention to the prior room and then go through the formalities.
Wang Qinghong, a well-known expert in house inspection, expert in house quality diagnosis and evaluation, and chief expert of China House Inspection Company: At present, when developers hand over houses, owners are generally required to go through the formalities first and pay relevant fees.
After that, the owner was allowed to inspect the house. For this unreasonable procedure, the owner should insist on seeing the house first, and then go through the formalities, and should submit the relevant problems found in the process of house inspection to the developer in writing and let him sign for it to avoid disputes in the future.
6. It is suggested that the owners collectively repossess the building.
In view of the lack of professional knowledge of property buyers, Wang Qinghong suggested that property buyers can collectively repossess the property when repossessing the property, and if conditions permit, they can hire lawyers for guidance and assistance. This can not only make up for the limitations of single subject knowledge, but also better and more effectively safeguard their rights. It can also attract the attention of developers and urge them to make an agreement on the problems in the process of repossession.
7. Pay attention to closing the house first to prevent supporting problems.
In view of different housing problems, developers bear different responsibilities: the main body of the house should bear the responsibility of returning a house if there are quality problems, and if there are problems such as falling ash and cracks, developers should repair them. If it is other conditions agreed by both parties, such as supporting facilities and unqualified air quality. Buyers can accept the house first and then ask the developer to bear the liability for compensation.
8. Pay attention to investing in buying a house and collect it as soon as possible.
(The above answers were published on 20 17-02-08. Please refer to the actual situation for the current purchase policy. )
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