The specific starting time of the warranty period of the house (with evidence)

The warranty period is calculated from the date when the development enterprise delivers the house that has passed the final acceptance to the user.

Article 33 of the Measures for the Administration of Commercial Housing Sales stipulates that real estate development enterprises shall undertake the quality warranty responsibility for the commercial housing they sell, and the parties shall stipulate the warranty scope, warranty period and warranty responsibility in the contract.

The warranty period is calculated from the date when the development enterprise delivers the house that has passed the final acceptance to the user.

The warranty period of commercial housing shall not be less than the warranty period stipulated in the quality guarantee issued by the construction contractor to the construction unit; If the duration is lower than the minimum warranty period determined by the Provisions on the Implementation of Quality Assurance and Description System for Commercial Housing, it shall not be lower than the minimum warranty period determined by the Provisions on the Implementation of Quality Assurance and Description System for Commercial Housing.

The warranty period of non-residential commercial housing shall not be less than the warranty period stipulated in the quality guarantee issued by the construction contractor to the construction unit.

Real estate development enterprises shall fulfill their warranty obligations and be responsible for the losses caused by quality problems within the warranty period. Real estate development enterprises are not responsible for the damage caused by force majeure or improper use.

Extended data:

Case: The developer is responsible for compensating the losses during the warranty period.

In mid-2007, Mr. Lu bought a commercial house under construction in jiangdong district, Ningbo, and signed the Commercial House Sales Contract with the developer on July 7 of the same year. According to the contract, the delivery time of the commodity house is before June 30, 2007, 165438+. After the house meets the delivery conditions, the developer provides the residential quality guarantee and residential instruction manual, and the buyer and seller handle the delivery procedures.

On June 27th, 2007, 165438+ the delivery date agreed in the contract, the developer delivered the house to Mr. Lu as agreed, and issued the "Ningbo Housing Quality Guarantee". The letter of guarantee says that during the warranty period, if there are quality problems in the project, the developer shall bear the warranty responsibility, and the leakage period of roof waterproofing, bathroom, room and external wall with waterproof requirements is 8 years. The maintenance work is entrusted to ningbo net New Property Co., Ltd., a residential property.

However, the guarantee also stipulates that if the house quality problems are caused by improper personal use or unauthorized change of structure, equipment location and improper decoration, the owner shall bear the maintenance responsibility himself.

After the delivery of the house, Mr. Lu paid off all the purchase price. Although the house has been bought for many years, Mr. Lu himself has never moved in, just checking the house regularly.

On July 20 14, Mr. Lu decided to redecorate the house and prepare to move in. However, there are still many leaks in the house that has been guaranteed many times, which directly affects the decoration process of the house.

The appraisal report issued by the engineering inspection department shows that the main reason for the leakage of Mr. Lu's house is the quality defect of the external wall project, and the rainwater forms a leakage channel along the defect, which leads to leakage. Although Mr. Lu reported to the property for repairs many times, the floating windows on the first floor, the windows and walls on the second floor were not completely repaired, and water seepage still occurred.

Due to the quality defects in the house, Mr. Lu's renovation process has been delayed and he can't move in. After many unsuccessful negotiations with the developer, Mr. Lu filed a lawsuit with the court on June 24 last year, demanding that the developer completely repair the water leakage of the house and compensate the losses from the period when the house was unusable to the date when the house was completely repaired, including the expected rent loss of 65438+ 10 in June 2008, which was 450 yuan per month. The property fee is calculated at 3000 yuan per year.

The developer pointed out that the house leaked because the owner Mr. Lu used it improperly and should bear the losses according to the agreement. However, the developer failed to provide sufficient evidence. On the contrary, the information provided by the property company shows that Mr. Lu gave the house key to the property for house maintenance after the repair.

Therefore, the court held that the house purchased by Mr. Lu did not exceed the warranty period agreed in the contract, and the warranty responsibility for house leakage was borne by the developer.

References:

People's Network-The developer shall be responsible for the compensation for the losses during the warranty period.