Job Recruitment Website - Property management - 1 minute to teach you to check the house.
1 minute to teach you to check the house.
Pay attention to receiving the check-in notice in time.
This is the first step in repossession, so we should pay attention to the deadline. Generally, the time limit agreed by developers is within 30 days after the notice is issued, and the buyers will arrange their own time.
After receiving the notice of occupancy, we must first judge whether the developer has delivered the house as scheduled. If the delivery is overdue, it is necessary to make suggestions, decide whether to look at the house according to the developer's reply, and look at the house according to the time agreed in the notice.
★ Tips ★
1. Pay attention to the time limit for repossession, it will be very troublesome to miss the repossession date.
2. The date of repossession can be advanced, but not postponed. If the actual delivery date exceeds the date of repossession agreed in the contract, you can consider claiming compensation from the developer according to the contract.
3. In case of special circumstances, you can entrust relatives, friends and lawyers in writing, or you can contact the developer in time to make another appointment and confirm in writing.
4. If the property buyer fails to go through the relevant formalities at the designated place within the agreed time, from a legal point of view, it is generally considered that the developer has actually delivered the house to the property buyer for use, and the property buyer shall bear all the risk responsibilities and taxes of the house purchase from the date of notification deadline.
Determine whether the house meets the delivery conditions.
To determine whether the house meets the delivery conditions, we should inspect the house from the following documents.
Completion acceptance record-the most important
The record form for the completion acceptance of housing construction and municipal infrastructure projects is the most important document in the process of housing expropriation at present. This form is formulated by the Ministry of Construction to standardize the record management of project completion acceptance. After joint inspection by design, supervision, construction unit and construction unit, it will be completed within 15 days and filed with the construction administrative department.
In the Record Form of Project Completion Acceptance, as long as it is sent to the competent department for the record, the employer must be responsible for the property for life. Therefore, the "Completion Acceptance Record Form" has a strict binding effect on real estate developers. According to the relevant regulations, each item on the form must be reported to the relevant competent department for the record. Without any item, the property is a "dark building" and cannot be occupied. Property buyers have the right to refuse to accept the house.
Housing quality assurance
"Residential quality guarantee" is the developer's commitment to housing quality and warranty period and scope. It must be an annex to the purchase contract and have the same effect as the purchase contract. So remind me to check the specific paragraphs carefully and pay special attention to the warranty period.
Instructions for residential use
Instructions for the Use of Residential Buildings is a description of specific technical indicators in the design, construction and acceptance of houses, such as seismic indicators and wall structure types, and matters needing attention.
Certificate of Construction Engineering Quality Certification
"Certificate of Comprehensive Acceptance of Real Estate Development and Construction Project Completion"
Survey area registration form
★ Tips ★
1. Only when you have the above documents can you explain the specific delivery conditions of the house. Therefore, before closing the house, it is necessary to review the relevant documents and confirm that the house has the delivery conditions before further handover work such as house inspection, settlement of fees and turnkey can be carried out. So pay attention to these documents, especially remind you to look at the original, not the copy.
2. The construction project completion record form is the most important document. When closing the house, we should not only see whether the developer has this filing form, but also carefully check whether all the sub-items have been filed. This is the premise of recovery. Even if the developer does well, if it doesn't have this form, it means that it doesn't have the standard of handing over the house at all, and you have the right to refuse to take over the house.
3. For these documents, on the one hand, we should check whether they exist, on the other hand, we should also check the legitimacy of these documents.
4. If the developer refuses to produce these documents, or the documents are incomplete, he can ask the developer to sign the Responsibility Confirmation Letter on the Seller's Refusal to Produce the Residential Quality Guarantee, Residential Instruction Manual and Construction Project Completion Acceptance Record Form according to Article 11 of the house purchase contract.
5. Remind you that you can take the residential quality guarantee, residential instruction manual and pipeline distribution completion map with you as evidence.
6. If the developer cannot provide the above-mentioned relevant documents, the purchaser has the right to refuse to accept the house, and the responsibility for overdue delivery shall be borne by the developer.
Check the house.
We must master a principle in the process of repossession: "priority repossession". That is, the property buyers must check the house in advance (including the necessary documents for house inspection and delivery), and then sign the house collection documents after confirmation.
"Advance receipt" not only conforms to commercial practice, but also has legal basis. The consideration of the house is the house price. As long as consumers pay the house price, or pay a corresponding proportion of the price according to the contract, they will fulfill their contractual obligations, and developers should pay the house. Before the house is delivered, the owner has the right to check and accept the house first.
Check the housing area
Require the developer to issue a survey report on the measured area, and check whether there is an error between the measured area and the sales area according to the measured area of each house approved by the professional measurement unit under the Housing and Land Administration Bureau and the range of error rate; If the measured area error exceeds 3%, the house can be closed.
Check the quality of the house
Property buyers need to carefully check the quality of commercial housing during house acceptance, mainly from the following aspects:
The quality of the house itself; Whether the supporting facilities such as landscape greening, residential facilities and facilities standards meet the contract; Decoration quality
★ Tips ★
1. We must master the principle of "first, then".
2. If the developer refuses to go through other delivery procedures before the delivery of the house, the buyer may ask the developer to sign the Confirmation Letter on the Seller's Refusal to Deliver the House for Inspection, and then stop the formalities.
3. Buyers should understand the pool area and related knowledge to prevent developers from occupying it.
4. If quality problems are found, the developer shall fix them within a time limit, and the buyer requires the developer to sign a written letter, which leads to the owner's overdue occupancy, and the developer shall bear the liability for breach of contract.
5. As long as the house payment is paid and the buyer has fully fulfilled the contractual obligations as agreed in the contract, the developer should hand over the house unconditionally, otherwise it should be regarded as a breach of contract by the developer. If the developer refuses to hand over the house, it shall bear the responsibility of overdue delivery. Developers have no right to refuse to hand over the house for any reason such as "unpaid related fees".
6. Don't take the model house standard as the realistic standard, unless the developer specifies the relevant decoration standard in the contract according to the model house standard.
The final result of new house acceptance
If there is no problem with the house inspection, fill in the house inspection handover form and other relevant documents according to the actual acceptance. On this record sheet, the inspection conditions shall be recorded item by item. For those that cannot be confirmed, the words "temporarily unclear" and "unrecognizable" shall not be recorded or written. If problems are found, record them truthfully and ask the developer to deal with them within a time limit.
If you are not satisfied, you can put forward your opinions and fill them in the house inspection handover form as a written basis. If the developer fails to prepare the relevant forms, the buyer shall send them to the developer in another written form.
If problems are found, the buyer and the seller can solve them through consultation. If it can be refurbished, the relevant rectification and maintenance documents shall be signed through negotiation, and the next acceptance time shall be agreed (generally not more than 30 days).
The problems found should be noted in detail on the inspection list. If it is really impossible to repossess the building, the reasons for not repossessing the building should be explained in detail, and the developer should be required to sign and seal it.
★ Tips ★
1. Principles to be adhered to after house inspection: As long as problems are found, no matter how big or small, they should be recorded in relevant documents or forms, no matter what the house-collecting personnel accompanying the developer say; If the building doesn't prepare the acceptance registration form at all, you should bring your own pen and paper and record them one by one.
2. The behavior of the property company cannot represent the developer (unless there is a clear written authorization), so don't sign a document with the property company on the issue of housing quality.
3. If problems are found during house acceptance, the developer must confirm with seal and agree to the treatment plan.
4. If the developer refuses to stamp to confirm the problems existing in the house, it must obtain evidence to prove that it is not that the buyer failed to close the house on time, but that the house to be delivered by the developer does not meet the contract or legal conditions.
Explanation of related expenses of house expropriation
Sales of commercial housing should pay the following taxes:
Deed tax; Housing transaction costs; Stamp duty on sales contracts; Public maintenance fund; Housing ownership registration fee; Stamp duty on house ownership; Warrant cost.
Deed tax is the tax paid by the owner to the state when obtaining the property right certificate, and the deed tax can only be paid at the time of transfer. In addition to the tax authorities, no unit has the right to levy, and the owner does not need to pay the deed tax to the developer when he moves in. He can go directly to the tax bureau to apply for the property certificate.
The public maintenance fund is different from the property management fee, and is only used for the overhaul, renewal and transformation of residential parts and facilities after the warranty period expires. The tax rate is equivalent to 2% of the transaction price of the house. Note: No developer or property management company has the right to collect or collect overhaul fund. This money should be given to the community office. If you give overhaul fund to the developer, you probably won't get it back.
The principle of collecting area surveying and mapping fees is "whoever entrusts, pays", and the purchase contract has stipulated the obligation of developers to provide area surveying and mapping data to buyers, so the fees should be paid by developers.
One-year property management fee, property management fee and water and electricity deposit. Note: It is not illegal to pay property fees for less than one year in ordinary communities. Property management service charges should be clearly marked, and the charging items and standards and charging methods should be announced in the business premises or charging places.
Property agency fee: the owner has the right to choose to handle the title certificate by himself, and the developer has no right to forcibly charge the owner.
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