Common housing disputes and their solutions

Common housing disputes are: 1, general quality problems, developers should guarantee. If there are quality problems or hidden defects after delivery, the seller shall bear the warranty responsibility. If the buyer refuses to repair or delays the repair within a reasonable period of time, the buyer may repair by himself or entrust others to repair, and the repair expenses and other losses during the repair period shall be borne by the seller; 2. If the house quality is unqualified, the owner may refuse to accept the house and propose to terminate the contract. If the house is not accepted or unqualified before delivery, the buyer may refuse to accept the house and request to terminate the contract. If the quality of the house after delivery is indeed unqualified after verification, the buyer may claim the same right; Wait a minute. On the common housing disputes and their solutions, I will give you a detailed answer below.

First, common housing disputes and handling methods

1, the developer should guarantee the general quality problem.

General quality problems include cracks, peeling, hollowing, water leakage and electric leakage. If the quality does not conform to the contract or the usual quality of the house, the buyer may refuse to accept it, and the seller shall be responsible for repairing, replacing, redoing and compensating for the losses. If the delivery is overdue, the liquidated damages for delayed performance shall be paid. If there are quality problems or hidden defects after delivery, the seller shall bear the warranty responsibility. If the buyer refuses to repair or delays the repair within a reasonable period of time, the buyer may repair by himself or entrust others to repair, and the repair expenses and other losses during the repair period shall be borne by the seller.

2. If the house quality is unqualified, the owner may refuse to accept the house and propose to terminate the contract.

If the house is not accepted or unqualified before delivery, the buyer may refuse to accept the house and request to terminate the contract. If the quality of the delivered house is indeed unqualified after verification, the buyer can claim the same right.

After the commercial house is delivered for use, if the buyer thinks that the quality of the main structure is unqualified, he may entrust the engineering quality inspection agency to re-verify it in accordance with relevant regulations. After verification, if the quality of the main structure is really unqualified, the buyer has the right to return the house; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation according to law.

It can be seen that if the housing quality problem does not pass, the buyers have the right to refuse to accept the house and terminate the purchase contract.

3. If the delivery is overdue for more than three months, you may request to terminate the contract and compensate for the liquidated damages.

If the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged, the buyer may request to terminate the contract and require the seller to bear the liabilities for breach of contract such as paying liquidated damages and compensating losses, unless otherwise agreed by the parties. The essence of "otherwise agreed by the parties" is that the seller agreed in advance in the sales contract to allow delayed delivery. The establishment of this reason will exempt the seller from the liability for breach of contract for late delivery, so its legality and fairness will become the focus of controversy. Sellers usually take force majeure, government actions, social events, bad weather, technical problems and so on. As an excuse.

4. Supporting facilities are delayed or cannot be delivered.

Supporting infrastructure includes water, electricity, gas, heating, communication, cable and broadband. Supporting public facilities include parking lots, sports grounds, swimming pools, roads, gardens, greening, hospitals, schools, supermarkets, clubs and so on. A complete infrastructure is a necessary condition for the buyer's normal life. If there is a lack of infrastructure, the buyer may refuse to accept the house. If the delivery is overdue, the seller may be required to bear the liability for breach of contract.

If the description of public facilities in the sales advertisement is specific and clear enough to affect the buyer's purchase and house price, it is regarded as an offer. When the seller refuses or delays delivery, he shall continue to perform, take remedial measures or compensate for losses and other liabilities for breach of contract.

5. The decoration and equipment are not coordinated.

Sales contracts often stipulate that the seller provides hardcover houses, and the decoration materials and technical standards are stipulated in Annex III and supplementary agreements. When handing over the house, the buyer found that the materials were low-grade and the workmanship was rough, so there was a dispute with the seller. Materials and process standards shall be subject to the contract. If there is no agreement or the agreement is unclear, it shall be determined in accordance with the provisions of Article 62 of the Contract Law. If the decoration is not in conformity with the contract, the seller shall bear the responsibility of replacement, redoing, maintenance and compensation for losses. When handing over the house, the seller must provide the indoor space test report, otherwise the buyer has the right to reject it. When harmful substances such as ammonia, formaldehyde and radon exist in the decoration, causing indoor air pollution and endangering human health, the seller shall be liable for compensation.

6. Incomplete information about the house.

When the house is delivered, the seller shall provide the following information:

(1) Record Form for Completion Acceptance of Construction Project issued by the authority of government agencies, which proves that the house has passed the completion acceptance;

(2) Surveying and mapping data issued by housing surveying and mapping institutions can be used for ownership registration, and the error between the measured area and the agreed area can also be determined;

(3) Residential Quality Guarantee and Residential Instruction Manual, the former is the legal document that the seller undertakes the quality responsibility for the commercial house, and the latter is the structure and performance of the house and the types and performance of each part (component).

7. The house bears other rights or property rights defects.

The house delivered by the seller can bear the mortgage of the bank, the creditor's rights of the first buyer, the priority of the project contractor and other rights; Or sealed up by judicial organs or administrative organs according to law or restricted by other forms. Although the property buyers have taken the house, their rights are in an unstable state, and the property right certificate may not be processed, and they will be prosecuted by the real homeowners at any time. If the seller fails to inform the actual situation in advance, the buyer has the right to refuse to accept the house.

After the delivery of the house, if the buyer fails to register the ownership of the house within one year due to the seller's reasons, the buyer may request to terminate the contract and compensate for the losses. In the case of selling one house and two houses or concealing the mortgage, the buyer may ask the seller to bear punitive damages.

8, planning, design changes should inform the buyer.

Planning involves the overall environment and pattern of the house and even the community; The design is related to the structure, apartment type, orientation, space size and heating mode of the house. If the seller changes the planning and design without authorization, it may affect the use function, comfort and value-added potential of the house, and the buyer's purpose of buying a house will also be greatly affected or even frustrated. Therefore, the seller should respect the buyer's right to know, truthfully inform the change, and the buyer can choose to continue to perform the contract or terminate the contract.

If the planning and design changes are found during the delivery of the house, and the seller fails to inform it in advance or truthfully, the buyer may refuse to take over the house and request to terminate the contract, requiring the seller to bear the liability for breach of contract.

9. Pre-property disputes

The property management enterprise shall have been selected by the owners' meeting and signed a property service contract with the owners' committee. However, before the property is completed and the owners' meeting is held, the property management must be implemented, and the seller can select a property enterprise to implement the preliminary property management according to the identity of the first owner. The content of property management in the early stage is basically the same as usual, and the rights and obligations of the buyer are basically the same. They can accept the services of property companies, and at the same time, they should be bound by the previous property contract and the temporary convention of the owners, and pay special maintenance funds and property service fees on time. The preliminary realty service can be agreed, but before the expiration of the term, the realty service contract signed by the owners' committee and the realty management enterprise will take effect, and the preliminary realty service contract will be terminated.

10, tax dispute

The seller often takes paying or collecting relevant taxes as the delivery condition, while the buyer holds the opposite opinion, which should be analyzed in detail.

Second, the litigation of housing disputes

1, elements and contents of prosecution

Prosecution must meet the following conditions:

The plaintiff is a citizen, legal person and other organization that has a direct interest in this case; There is a clear defendant; There are specific requests, facts and reasons; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal.

The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. The plaintiff shall pay the case acceptance fee in advance, and if he applies for postponement, reduction or exemption, he shall submit a written application with special certificates or other supporting materials.

The parties must correctly exercise their litigation rights according to law and provide necessary litigation materials according to the requirements of the court.

2. Regional jurisdiction

Litigation brought by real estate shall be under the jurisdiction of the people's court where the real estate is located.

3. Limitation of action

The statute of limitations for disputes over housing sales contracts is three years, and the general provisions on the statute of limitations shall apply. The limitation of action can be interrupted or suspended, but it cannot exceed 20 years at most. If the rights of creditors have been infringed for more than 20 years, the people's court will no longer protect the rights and interests of creditors.