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Legal significance of occupation notice
1. What is the admission notice?
1, the occupancy notice is generally sent by the property management company to the owner, which means that you are qualified to inspect the house and get the key. Or the house inspection has been successful, and then the property company, as a representative, welcomes you to stay in the community. And the employment relationship between you and the property management company has been established, which is also a move by the property management company to welcome the owners.
2. Generally speaking, the delivery notice is carried out before the occupancy notice, or at the same time, and then the developer gives the delivery notice to the owner, so that you can inspect the house within the specified time. If there is no quality problem after the successful house inspection, you can sign it, pay the property fee later, and the developer will give you the key.
2. What is the difference between the occupation notice and the delivery notice?
1, with different legal effects.
The delivery date written in the delivery notice is generally consistent with the delivery date agreed in the purchase contract, so the delivery notice has legal effect, while the occupancy notice is generally notified to the owner in writing and sent to the owner by mail, so the occupancy notice has no legal effect.
2. Different roles
The purpose of the delivery notice is to inform the owner that he can go through the delivery procedures, invite the owner to go through the delivery procedures within a certain period of time, and arrange the staff to check the quality of the house with the owner. The purpose of the occupancy notice is to inform the owner of the house to go through the formalities at the sales office.
3. What should I pay attention to before handing over the house with the real estate agent?
1. Check whether the house you live in is your own house. If it is inconsistent with the purchase contract, annex and supplementary agreement, you should submit it to the real estate agent for re-examination and replacement before moving in;
2. If there is an error in the area, you should put forward your own opinions to the real estate agent according to the contract before moving in;
3. Check the quality of the house by yourself. If structural problems are found, they should be raised with real estate agents before moving in and reported to relevant government departments. If non-structural problems are found, they should be truthfully recorded in writing when handing over to the real estate agent, and the real estate agent is required to make a written commitment to carry out maintenance within a certain period of time;
4. Check the equipment in the house according to the purchase contract, annexes and supplementary agreements, and check the completeness and usage of water, electricity, gas and heat equipment. If there are any discrepancies or defects, ask the real estate agent to indicate them on the handover list at the time of handover, and ask the real estate agent to confirm the specific replacement and completion date in writing;
5. For the items that cannot be determined in the Property Delivery Verification Sheet or Delivery Sheet provided by the real estate agent, it shall be indicated that it is unclear or uncertain for the time being, and both parties shall sign or seal it in the indicated place.
legal ground
People's Republic of China (PRC) Civil Code
Article 209 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
Natural resources owned by the state according to law may not be registered.
Article 210 The registration of immovable property shall be handled by the registration institution where the immovable property is located.
The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.
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