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Can I check out if the house is unqualified?
1. Can I check out if the house is unqualified?
1. Whether it is necessary to return the house if the house is unqualified, the parties can handle it according to the specific circumstances:
(1) If there are minor quality defects, such as hollowing in a relatively small area, inadequate sealing of doors and windows, inflexible opening, etc. , the parties can not check out. These problems can be directly reported to the owner or developer for handling, and the owner or developer will arrange special construction personnel to carry out the maintenance work of the problems;
(2) Large-scale quality problem refers to the problem that the owner can't complete the check-in directly due to the water leakage of the house, and the parties can return the house. If the owner hasn't finished the formalities of closing the house, then the owner can request to refuse to close the house according to law at this time, and then go through the formalities after the developer has rectified all the quality problems.
2. Legal basis: Article 30 of the Measures for the Administration of Commercial Housing Sales.
Real estate development enterprises shall, in accordance with the contract, deliver the commercial housing that meets the delivery conditions to the buyers on schedule. If the delivery is not made on schedule, the real estate development enterprise shall bear the liability for breach of contract. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer.
Second, the quality of housing has seriously affected the use. Can the buyer get compensation?
Due to the serious impact of housing quality problems on normal residential use, the court usually supports the buyer's request to return a house and requires the developer to compensate for the losses. It is generally believed that the housing quality problem seriously affects the normal living use, mainly because the poor indoor air quality affects the health of indoor residents, and the indoor noise affects the living after the house is moved in.
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