Job Recruitment Website - Property management - What happened to the building at Kongjiang Road 1200?
What happened to the building at Kongjiang Road 1200?
(a) the quality of the main structure of the house is unqualified. The main structure refers to the plane or spatial structure in which the main components of the building are connected and interacted with each other. It must have the strength, toughness and stability that meet the technical requirements to ensure that it can bear various loads of the building itself. Such as foundations, load-bearing walls, etc. Problems such as structural cracking, inclination and collapse in these parts should be regarded as problems of the main structure.
(two) seriously affect the normal quality of living. This refers to the situation that the buyer's normal use function and use of the house are seriously affected by the quality problem of the house. If the water supply and power supply are not normal, the sound insulation effect is not up to standard, and so on.
(3) Other general quality problems. For example, the house is leaking, the ground is empty, and the wall is peeling.
For the above three different quality problems, the law stipulates different ways to deal with them, giving buyers and developers different rights and obligations respectively. According to Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the main structure of the house cannot be delivered for use due to unqualified quality, or the quality of the main structure of the house is really unqualified after delivery, the buyer requests to terminate the contract and compensate for the losses, which shall be supported.
Thirteenth because the quality of the house seriously affects the normal living and use, the buyer's request to terminate the contract and compensate for the losses shall be supported. If the house delivered for use has quality problems, the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.
Therefore, the correct way to deal with different quality problems can be summarized as follows:
(1) If the quality of the main structure of the house is unqualified and cannot be delivered, or if the quality of the main structure of the house is unqualified after delivery, the buyer may request to terminate the contract and compensate for the losses. Because the quality of the main structure of the house is directly related to the safety of use, it can not be repaired or the cost is too high, the buyer can generally terminate the contract and claim compensation for the losses.
(2) If there are serious quality problems in the house, which seriously affect the normal living and use, the law allows the buyers to cancel the contract and demand compensation for losses.
Of course, if the buyer thinks that it is more cost-effective to ask the seller for maintenance, and bears the responsibility of delivery delay or compensates for other losses caused by maintenance, he can also choose to ask for maintenance.
(3) For other quality problems, as they have not seriously affected the use of the house, the seller can only be required to repair and compensate for the losses, and cannot be required to return the house. Of course, for the quality defects that don't need to be repaired, the purchaser can ask the developer to compensate for the depreciation loss of the house value caused by the quality defects, and can apply to entrust the relevant appraisal agency to evaluate the house price difference according to law to determine the price difference loss.
Hope to adopt, thank you.
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