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How to compensate for cracks in the house, is there a law to follow,
According to the Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts:
Article 12 If the quality of the main structure of the house is unqualified and cannot be delivered for use, or after the house is delivered for use, it is verified that the quality of the main structure of the house is indeed unqualified, and the buyer requests to terminate the contract and compensate for the losses, it shall be supported.
Article 13 If the buyer requests to cancel the contract and compensate for the losses due to the quality problems of the house that seriously affect the normal living and use, it shall be supported. There are quality problems in the houses delivered for use. During the warranty period, the seller shall bear the maintenance responsibility.
If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.
Extended data:
According to the Measures for the Administration of Commercial Housing Sales:
Article 30? 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.
Article 31? If a real estate development enterprise sets up a model house when selling commercial housing, it shall explain whether the quality, equipment and decoration of the actually delivered commercial housing are consistent with the model house. Without explanation, the actual delivery of commercial housing should be consistent with the model housing.
Article 32? When a real estate development enterprise sells a commercial house, it shall provide the Buyer with a Residential Quality Guarantee and a Residential Instruction Manual in accordance with the Provisions on Implementing the System of Commercial House Quality Guarantee and Residential Instruction Manual (hereinafter referred to as the Provisions).
Article 33? Real estate development enterprises shall bear the quality warranty responsibility for the commercial housing sold. The parties shall stipulate the warranty scope, warranty period and warranty responsibility in the contract. The warranty period is calculated from the date of delivery.
The warranty period of commercial housing shall not be less than the warranty period stipulated in the quality guarantee issued by the construction contractor to the construction unit; If the duration is less than the minimum warranty period stipulated in the Regulations, it shall not be less than the minimum warranty period stipulated in the Regulations.
The warranty period of non-residential commercial housing shall not be less than the warranty period stipulated in the quality guarantee issued by the construction contractor to the construction unit.
Real estate development enterprises shall fulfill their warranty obligations and be responsible for the losses caused by quality problems within the warranty period. Real estate development enterprises are not responsible for the damage caused by force majeure or improper use.
Article 34? Real estate development enterprises should entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project before the delivery of commercial housing, and the surveying and mapping results should be reported to the real estate administrative department for examination and approval before they can be used for housing ownership registration.
Real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the information required for housing ownership registration to the real estate administrative department where the housing is located.
Real estate development enterprises shall assist the buyers of commercial housing to handle the procedures of land use right change and house ownership registration.
Article 35? 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.
Baidu Encyclopedia-Answers to Some Questions about Applicable Law in the Trial of Commercial Housing Sales Contract Disputes
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