How to deal with and solve the quality complaints and disputes of commercial housing in Shanghai?

The subject matter of real estate is large, and there are many responsible subjects, and the buyers lack professional knowledge, experience and strength. Compared with developers, they are in a weak position, and many property buyers suffer from the quality problems of commercial housing. However, there are many factors that affect the quality of commercial housing, and the limitations of final acceptance are also great, so developers are also facing many quality problems. There are more and more complaints about the quality of commercial housing in Shanghai. How to solve the quality complaints and disputes of commercial housing in Shanghai has become a problem that must be faced at present. On the basis of summarizing the previous practice of dealing with quality disputes, this paper sorts out some methods and suggestions on how to complain and solve quality problems. I hope to give some reference to the owners who encounter housing quality disputes and the responsible subjects related to quality disputes. 1. Complaints and suggestions on the quality of commercial housing are a worldwide topic. There are countless losses caused by quality problems every year. Quality problems not only shorten the life of buildings, but also bring great distress to residents. Moving into a new house is a happy event, but if there are quality problems in the house, it will become a worry. If it is delayed for a long time, it will be even worse. Last year, the China Consumers Association released a 12 survey report on the quality satisfaction of urban commercial housing, saying that nearly 40% of consumers were dissatisfied with the handling results of complaints about commercial housing. Therefore, it is necessary for consumers to master some practical complaint methods. 1. 1. Learn how the national laws and policies on the quality of commercial housing protect the interests of buyers. The state has clear provisions on the relevant laws and policies on the quality of commercial housing, which is a strong basis for complaining about rights protection. For example, Article 32 of the State Council's Regulations on the Management of Urban Real Estate Development stipulates that after the commercial housing is delivered, if the purchaser thinks that the quality of the main structure is unqualified, he may apply to the engineering quality supervision unit for re-approval. After verification, if the quality of the main structure is indeed unqualified, the purchaser has the right to return a house, and if losses are caused to the purchaser, the real estate development enterprise shall be liable for compensation according to law. 1.2. After collecting evidence with legal basis, the most important thing is the evidence. Consumers should pay attention to collecting evidence and strive for the initiative of dispute resolution. You can take photos, videos, take notes, etc., and ask the notary office to collect evidence when necessary. In addition, consumers' suggestions on housing quality problems and solutions for developers should be written as much as possible if they can be confirmed to be the best. On the one hand, it can prove what kind of quality problems existed in the house at that time; On the other hand, it can also prove that the buyer put forward quality problems and solutions to the developer during the prescription period. In this way, we can avoid the situation that we can not get legal protection because of the limitation of action, and make necessary preparations for resolving disputes through litigation if negotiation fails. In the whole process of buying a house, the most important thing to collect evidence is to sign a house purchase contract and turn over the key. Matters needing attention are as follows: 1.2. 1. Matters needing attention in signing a house purchase contract. Consumers should pay attention to the purchase format contract before signing the purchase contract, and should carefully read the optional and negotiated contents in the contract. According to the law, the warranty period of residential quality shall not be less than the statutory minimum warranty period. You can refer to laws and regulations for those within the statutory warranty scope, and you must pay attention to signing a warranty agreement and a quality responsibility agreement for those outside the statutory warranty scope, because this agreement may be the basis for future rights protection. The buyer must sign a supplementary agreement with the developer for the warranty period of other warranty items not stipulated in laws and regulations and the Housing Quality Guarantee. 1.2.2. Precautions when closing the house with the key. Read the contract carefully first. Compare the terms of the contract to see if the developer has completed all the contents stipulated in the contract. The quality problems or unfinished parts found in the house inspection must be photographed by camera or DV to preserve the evidence. Even if the developer promises immediate maintenance, a written agreement must be formed. When finally signing, the owner must carefully see which terms can be signed and which terms cannot be signed. Only when all the problems are implemented, that is, effective evidence is left for the problems found, can the owner sign. Some irresponsible developers require buyers to sign before checking the house when handing over the house, which requires consumers' attention. There are two issues involved here. One is that the house delivery is subject to the signature, and the state stipulates that houses with quality problems cannot be delivered for use. If the developer delays the delivery of the house, he shall be liable for breach of contract. Once the quality problem is found after signing the contract, it is difficult to hold the developer responsible for the delay in delivery. Another problem is that the signature proves that consumers have started to use it, and some quality problems are also related to the use. Once the quality problems are found after signing the contract, it will leave developers with an opportunity to shirk their responsibilities. 1.3. Select the object of complaint 1.3. 1. There is evidence to find developers and consumers, but in the face of developers, property companies, construction units and many other responsible subjects, who are we looking for to protect rights? If you find quality problems, first look for developers, because property buyers and developers have a direct contractual relationship. Developers, as producers and sellers of commercial housing, bear the ultimate responsibility for the quality of commercial housing. But it does not mean that the survey, design, construction and supervision units are irresponsible for quality. Instead, developers face both buyers and survey, design, construction and supervision units. The quality relationship between the developer and the buyer is bound by the commercial housing sales contract and the commercial housing quality guarantee, and the quality relationship with the participating units is defined by the survey, design, construction and supervision contracts. For example, the warranty period of the developer for the roofing waterproof project, the leakage of toilets, rooms and external walls with waterproof requirements is 5 years, and the warranty period signed with the construction unit or roofing waterproof enterprise should be no less than 5 years, that is, the quality guarantee provided by the developer to the buyers should be consistent with the quality guarantee provided by the construction unit to the developer. If the property buyers demand compensation for losses due to quality problems, the developer shall compensate the property buyers, and then the developer shall seek compensation from the responsible unit according to the quality reasons as stipulated in the contract.