Detailed explanation of matters needing attention in new house delivery

Everyone should know about the house! When you go to a big city, you can see many tall buildings, many of which are civil buildings. House is an indispensable equipment in our life. With a house, there is a complete home and a goal. There is a great demand for houses now, so the price in the market is very high. Many real estate developers are in Gai Lou. You should know that the building will be handed over when it is repaired. Do you know some points for attention in the delivery of new houses? Today, Bian Xiao will introduce it to you!

Matters needing attention in handing over new houses:

First, the first acceptance before delivery.

Some developers still fail to meet the statutory delivery conditions within the agreed delivery period, or their houses or supporting facilities have quality defects. In order to pass on risks and evade responsibilities, property buyers are required to sign the key and the "occupancy agreement" before conducting house inspection. Once the buyers go through the handover formalities with the developers without taking preventive measures, it will not only be difficult to investigate the developer's liability for breach of contract in the future, but also often lead to quality defects in the houses or supporting facilities, and the warranty and maintenance responsibilities are unclear.

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 delivered after it is completed and accepted; Unqualified acceptance shall not be delivered for use. Due to the lack of 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 to hand over the house. Developers actually have overdue delivery and should bear the liability for breach of contract for overdue delivery.

The process of house acceptance can be divided into two parts: written acceptance and on-site acceptance. Written acceptance includes checking the documents that the house can deliver (such as completion record, delivery permit, measured area data, etc.). ), and collect the "residential quality guarantee" and "residential instruction manual" (pay attention to the delivery date). In particular, readers are reminded that developers must provide the newly formulated "Quality Guarantee for New Commercial Housing" and "Instructions for Use of New Commercial Housing".

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?

If the above contents are inconsistent with the 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 to ask the developers to make up or compensate, because individual property buyers are often weak in raising objections or demands for supporting facilities. If necessary, you can jointly complain to the competent department or even file a lawsuit.

Second, clear the fees charged by developers.

Property buyers will inevitably have to pay some fees when handing over the house, such as the final payment of house purchase, property management fee, decoration deposit (which cannot be charged directly to the owner), decoration garbage cleaning fee, etc. Regarding the charging standard of property management fees, according to the Measures for the Administration of Commercial Housing Sales, if the developer has hired a property management enterprise when signing the sales contract, the buyer shall sign a property management contract with the property management enterprise. In reality, in order to promote sales, some developers promise different property management fees according to the requirements of buyers, and some adopt different charging standards for different consumer groups. Because property buyers sign contracts with developers alone, they often don't know the charging standards of others. As a market-oriented property management service, the charges are different for the same service.

In another case, the developer verbally promised a low-standard property fee but there was no written agreement, and signed a property management entrustment contract (pre-management) with the property company before and after the delivery of the house. Suggestion: For price discrimination, you can complain to the price department or bring a lawsuit or arbitration directly, demanding that the price standards be consistent. For the increase of property fees, if enough evidence can be collected to prove the verbal commitments made by developers (such as legal recording, etc.). ), you can ask developers to abide by their commitments or subsidize the price difference. If the evidence can't prove it, you have to convene the owners' meeting as soon as possible to hire a new property company according to law. At present, there are many disputes about paying public maintenance funds when property buyers hand over their houses.

Third, beware of the protocol trap.

Some developers take advantage of buyers' eagerness to close the house or neglect to guard against it, setting traps and asking buyers to sign agreements or terms that are unfavorable to buyers when handing over the house. 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.

According to the current regulations, developers generally choose property management companies to build new residential areas and sign preliminary property management agreements. 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 the property fee rises when the commercial house is repossessed, the owner can claim his 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. According to the relevant regulations, property management fees can be collected monthly, quarterly and annually, but the property management fees for many years shall not 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.

The reason why the developer asks for this is because for the owners in mortgage to buy a house, before the house ownership certificate is issued, the developer should bear the joint and several liability in stages. 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. 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.

At present, when developers hand over the house, they generally require the owners to go through the formalities first and pay the relevant fees before allowing the owners 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, it is 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 limitation of single subject knowledge, but also better and more effectively safeguard their rights and interests, and 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.

Some owners buy houses for investment, and the delay in receiving houses will cause the loss of rent. If there are quality problems in the houses delivered by the developers, it is recommended that the buyers make a comparison. If the rent loss is large, it is suggested to close the house first, and then investigate the developer's liability for breach of contract after renting the house according to the established plan.

Through the introduction of Bian Xiao, everyone should know the precautions for the delivery of new houses! If you are not clear, please read Bian Xiao's introduction several times. The house is very important to us. With a house, we have a home. Nowadays, it seems to be a tradition for young people to buy a new house when they get married. So we must work hard and buy a new house before we get married, so that our living standard will be improved obviously.