Matters needing attention when handing over the house and obtaining the certificate

The delivery standards vary from place to place. According to reports, Fujian Province is currently preparing to introduce relevant laws and regulations in this regard to regulate. Lawyers believe that although there is no specific delivery standard in Quanzhou at present, from the perspective of relevant laws and regulations, the completion and acceptance of real estate and the filing of relevant departments are the bottom line for developers to deliver houses. China's "Contract Law", "Construction Law" and "Urban Real Estate Management Law" all stipulate that construction projects must be completed and accepted before they can be delivered. Without acceptance or unqualified acceptance, it shall not be delivered for use.

At present, the sign of passing the acceptance of houses in China is to obtain the "Construction Project Completion Record Form". Therefore, regardless of whether the buyer and the construction unit agree in the purchase contract that the construction unit should obtain the Construction Project Completion Record Form as the delivery condition, the construction unit should provide it when delivering the house. Otherwise, the property buyers have the right to refuse to accept the house, and the resulting responsibility for delaying the delivery of the house shall be borne by the developer.

At the same time, according to the provisions of the fire protection law, the monomer must pass the fire inspection before it can be delivered. In addition, according to Article 3 of the Regulations of the Ministry of Construction on Implementing the System of Housing Quality Guarantee and Housing Instruction Manual for Commercial Housing: "Real estate development enterprises must provide housing quality guarantee and housing instruction manual when delivering new commercial housing for sale to users." Therefore, providing "two copies" is also a necessary condition for developers to hand over houses.

Lawyer reminds: The buyer can agree with the developer in the Commodity House Purchase and Sales Contract and its annexes and supplementary agreements, such as the acceptance of public facilities (including water, electricity, gas, broadband, cable, security, greening, roads, elevators, etc.). ) as a delivery condition, and stipulate in the contract the liability for breach of contract when the employer fails to meet the delivery conditions.

How to deal with disputes

Property buyers do not advocate it.

Equal to abstention

What should the owner do if the developer does not meet the delivery conditions? Lawyers believe that in this case, many property buyers often fail to take timely action. Some owners think that it is a breach of contract for the developer to hand over the house without the conditions, and the developer will naturally make compensation or terminate the contract according to the contract. But in fact, if property buyers do not propose, do not advocate, or even think that they will live in the house first, but do not know that this practice has given up their rights, it is equivalent to acquiescence to the developer's breach of contract.

Lawyers believe that for the developer's breach of contract, the purchaser has the right to terminate the contract or claim compensation according to different circumstances. With regard to the cancellation right of a contract, Article 55 of the Contract Law stipulates that the cancellation right shall be extinguished under any of the following circumstances: (1) The party to the cancellation right has not exercised the cancellation right within one year from the date when he knew or should have known the reasons for the cancellation; (2) The party who has the right to cancel clearly expresses or waives the right to cancel by his own actions after knowing the reasons for cancellation. At present, judges usually think that the buyer's foreclosure means that the buyer gives up the right to terminate the contract by his own behavior.

According to Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Commercial Housing Contract Disputes, which came into effect on June 1 last year, "If the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged, if one party requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties. If there is no law or agreement between the parties, the reasonable time limit for exercising the right of cancellation is three months after the other party's demand. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of termination will be extinguished. " In this paper, three months and one year belong to a predetermined period (a period that is not interrupted or extended for any reason). They are constant periods, different from the limitation of action, and there is no termination, interruption or extension of the period. As long as the term expires and the obligee does not exercise the right to terminate the contract, the right to terminate the contract will be extinguished.

Claim right

It was also put forward by the owner.

Reportedly, the developer's delay in handing over the house meets the conditions for the termination of the contract, and the purchaser begins to enjoy the legal right to terminate the contract. At the same time, the right to terminate the contract has also entered the scheduled period of one year since that date. If the buyer proposes to terminate the contract to the court after the scheduled time limit, his lawsuit request for termination of the contract will not be supported by the court. If the developer urges the buyer to exercise the right to terminate the contract within one year from the date of enjoying the right to terminate the contract, the buyer shall exercise the right to terminate the contract within three months from the date of receiving the notice. After three months, if the buyer brings a lawsuit to the court, he will not get legal support.

For the developer's breach of contract, the buyer's claim right must also be put forward by the buyer first. If the real estate developer has doubts about the buyer's claim and refuses to pay compensation, the buyer needs to solve the limitation of action through legal channels. Article 135 of the General Principles of the Civil Law stipulates: "The limitation of action for requesting protection of civil rights from the people's court shall be two years, unless otherwise stipulated by law."

Therefore, if the buyer has doubts about the delivery of the developer, it must be put forward in writing and pay attention to the preservation of evidence. If the developer can't solve it through consultation and wants to solve it through legal procedures, be careful not to miss the statute of limitations acceptable to the court.

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How to deal with it

Handover procedure

According to lawyers, at present, the check-in and handover procedures of developers and owners in Quanzhou are basically the same. Before the handover with the owner, the developer will generally appoint the engineering department, customer service department and property management company to form an internal house inspection team to conduct pre-inspection on the house to be delivered to the owner for use, and rectify the problems found in time. After the pre-inspection, the developer will give the key to the property company, and the property company will arrange the owner to inspect the house. For houses that meet the delivery conditions, the developer will send a notice to inform the owner first.

give a notice

Generally speaking, the sales department of the development company issues the notice of occupancy or notice of occupancy and other delivery notices half a month or one month in advance according to the delivery date agreed in the contract, and some people call the owner. At this point, the owner had better go as scheduled. Because of the general agreement in the contract, if the owner fails to inspect the house within the agreed time limit, it is deemed to have agreed to hand over the house. If you don't pay the house without reason, some developers will charge one-tenth to three-tenths of the storage fee on a daily basis from the delivery date agreed in the contract. If the owner is on a business trip or cannot go as scheduled under special circumstances, it is best to inform the developer in writing and explain the reasons.

Confirm identity

According to the requirements of the occupancy notice, the owner should bring relevant information to the sales department to confirm his identity and contact the acceptance handover. These materials generally include: occupancy notice, sales contract or pre-sale contract, original and photocopy of ID card, and photos of family members (used to record the customer information of the property). If someone else is entrusted to inspect the house, the client should also issue a power of attorney from the owner while holding a valid identity document.

House acceptance handover

The property management company assigns relevant personnel to accompany the owner to inspect the house on site. When the house is accepted, the owner must sign the house acceptance handover form, get the house key and household registration book, and pay the relevant fees according to the regulations. If the acceptance is unqualified, the owner shall clearly record the deficiencies on the building acceptance handover form, and may not go through the check-in formalities temporarily. The handover time shall be agreed by both parties separately, but generally it shall not exceed 30 days.

Lawyer's tip: At present, some developers often ask the owners to pay the fees first, and then go through other formalities before inspecting the house, which will lay a hidden danger for future disputes. In order to avoid this situation, the owner should insist on moving in first and then going through the formalities.