What is the whole process of property management repossession?

1. Pay attention to receiving the check-in notice in time \x0d\ 1. This is the first step in repossession. 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. 2.\x0d\ After receiving the occupancy notice, we must first judge whether the developer delivers 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. \x0d\ Special note: \x0d\ 1. Pay attention to the time limit for repossession, it is troublesome to miss the repossession date. \x0d\ 2。 The date of recovery can be advanced, 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. \x0d\ 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. \x0d\ 4。 \x0d\ 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. \x0d\ II。 Determine whether the house meets the delivery conditions \x0d\ 1. Completion acceptance record-the most important \x0d\ completion acceptance record of housing construction project and municipal infrastructure project is the most important document 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. \x0d The developer must be responsible for the property for life as long as it is reported to the competent authorities for the record. 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. \x0d\ 2。 Housing quality guarantee \x0d\ Housing quality guarantee is a commitment made by the developer to the housing quality and the warranty period and scope. It must be an annex to the house purchase contract and have the same effect as the house purchase contract. So remind me to check the specific paragraphs carefully and pay special attention to the warranty period. \x0d\ 3。 \x0d\ residential user manual \ refers to the specific technical indicators in the design, construction and acceptance of houses, such as seismic indicators and wall structure types. \x0d\ 4。 Construction engineering quality certificate \x0d\ 5. Certificate of comprehensive acceptance for the completion of real estate development and construction projects \x0d\ 6. Registration Form of Measured Area \x0d\ Special Description: \x0d\ 1. \x0d\ 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. \x0d\ 2。 \x0d\ The construction project completion record 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. \x0d\ 3。 For these documents, on the one hand, we should check whether they are available, on the other hand, we should check the legitimacy of these documents. \x0d\ 4。 \x0d\ If the developer refuses to show these certificates or the certificates are incomplete, he may require the developer to sign the Responsibility Confirmation on the Seller's Refusal to Show the Residential Quality Guarantee, Residential Instruction Manual and Construction Project Completion Acceptance Record Form according to Article 11 of the house purchase contract. \x0d\ 5。 Reminder: You can take the residential quality guarantee, residential instruction manual and pipeline distribution completion drawing with you and keep them as evidence. \x0d\ 6。 If the developer cannot provide the above-mentioned relevant documents, the purchaser has the right to refuse to accept the house, and the resulting responsibility for delaying the delivery of the house shall be borne by the developer. \x0d\ III。 In the process of house inspection \x0d\ house collection, we must master a principle: "house collection in advance". 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. \x0d "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 accept the house first: \x0d\ 1. Check the housing area: \x0d\ Ask the developer to issue a survey report on the measured area, and verify the measured area of each housing area according to the professional surveying and mapping unit affiliated to the Housing and Land Administration Bureau to see if there is any error with the sales area and the range of error rate; If the measured area error exceeds 3%, the house can be closed. \x0d\ 2。 Inspection of house quality: \x0d\ Buyers need to carefully check the quality of commercial houses during house acceptance, mainly from the following aspects: \x0d\ (1) The quality of the house itself \x0d\ (2) Whether the supporting facilities such as landscape greening, residential facilities and facility standards conform to the contract. \x0d\ (III) Decoration quality \x0d\ Special note: \x0d\ 1. We must master the principle of "first, then". \x0d\ 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. \x0d\ 3。 Property buyers should understand the pool area and related knowledge to prevent developers from occupying it. \x0d\ 4。 If quality problems are found, the developer should fix them within a time limit, and the property buyer should ask the developer to sign a written letter, which leads to the owner's overdue occupancy, and the developer should bear the liability for breach of contract. \x0d\ 5。 \x0d\ As long as the house payment has been paid and the property buyers have fully fulfilled their contractual obligations as agreed in the contract, the developer shall unconditionally hand over the house, otherwise it shall 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". \x0d\ 6。 Don't take the model house standard as the realistic standard, unless the developer specifies the relevant decoration standards in the contract according to the model house standard. \x0d\ IV。 Final result of new house acceptance \x0d\ 1. \x0d\ 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. \x0d\ 2。 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 the opinions to the developer in another written form. \x0d\ 3。 If problems are found, the buyer and the seller can solve them through consultation. If the content can be decorated, relevant rectification and maintenance documents should be signed through consultation, and the next acceptance time should be agreed (generally not more than 30 days). \x0d\ 4。 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. \x0d\ Special note: \x0d\ 1. \x0d\ 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 collector accompanying the developer says; 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. \x0d\ 2。 The behavior of the property management company cannot represent the developer (unless there is a clear written authorization), so don't sign a document with the property management company on the issue of housing quality. \x0d\ 3。 When problems are found in house acceptance, the developer must seal it for confirmation and agree on the treatment plan. \x0d\ 4。 If the developer refuses to stamp the house to confirm the existing problems, 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 contractual agreement or legal conditions. \x0d\ Precautions \x0d\ The following questions are often encountered by property buyers in the process of buying and collecting houses, especially such consultation questions. List the key points for attention and remind consumers to pay attention so as to safeguard their own rights and interests. \x0d\ 1。 Taxes related to house purchase \x0d\ (1) The following taxes should be paid for the sale of commercial houses: \x0d\ 1, deed tax \x0d\ 2, handling fee for house purchase \x0d\ 3, stamp duty on sales contract \x0d\ 4, company maintenance fund * * \ 5. Property ownership registration fee \x0d\ 6, property ownership stamp duty \x0d\ 7, property title certificate cost \x0d\ (2) tax issues \x0d\ Special note: according to the provisions of the law and most house purchase contracts, the payment of public maintenance fund, deed tax and other fees cannot be used as a prerequisite for the developer to deliver the house. \x0d\ 1。 Deed tax \x0d\ Deed tax is the tax paid by the owner to the state when obtaining the property certificate. \x0d\ Time of payment: deed tax can only be paid at the time of transfer \x0d\ Special note: no unit except the tax authorities has the right to collect it. \x0d\ Implementation: When the owner moves in, he does not need to pay the deed tax to the developer, and he can only apply for the house property certificate by going directly to the tax bureau. \x0d\ 2。 Public * * * Maintenance Fund \x0d\ This fund is different from the property management fee, and it is only used for the overhaul, renewal and transformation of residential * * * parts and * * * facilities and equipment after the warranty period expires. \x0d\ Tax rate: 2% of the transaction price of the house. \x0d\ Special 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. \x0d\ 3。 The principle of collecting the area mapping fee \x0d\ is "whoever entrusts it pays", and the purchase contract has stipulated that the developer has the obligation to provide the purchaser with the area measurement data, so the fee shall be paid by the developer. \x0d\ 4。 Property fee \x0d\ One-year property fee, property management fee and water and electricity deposit \x0d\ Special note: it is not illegal for ordinary communities to pay property fees for less than one year. \x0d\ Property management service charges shall be clearly marked, and the charging items, standards and charging methods shall be announced in the business premises or charging places. \x0d\ 5。 Property agency fee \x0d\ The owner has the right to choose to handle the title certificate by himself, and the developer has no right to forcibly charge the fee from the owner. \x0d\ II。 Area problem \x0d\ Area problem is one of the most concerned contents of consumers. When buying a house, buyers, especially auction houses, must take into account the possible errors between the contracted area and the actual area, and take precautions with additional clauses when signing the contract. \ x0d \ x0d \ (1) Question: \x0d\ 1. There is an error between the contracted area and the measured area of commercial housing, which has always been the focus. \x0d\ Consumers are often in a passive position because of area disputes. It is suggested that buyers should make detailed agreements on possible problems in the purchase contract to safeguard their own rights and interests. \x0d\ 2。 Developers can sometimes use pool and area measurement to occupy the legitimate interests of property buyers, which is not easy to be found. \x0d\ Accurate measurement of housing area is the work of professionals, and it is impossible for ordinary property buyers to complete it. Secondly, the manual operation characteristics and normal error of area measurement are hard to avoid, and it is easy for some developers to make artificial deviations, occupying the area of one or two meters of buyers. Moreover, due to the lack of consumer knowledge and asymmetric information in the process of buying a house, it is easy for developers to steal the column and add the non-shared area to the shared pool. \x0d\\x0d\ (2) How to solve the area error? \x0d\ Area error: According to the relevant regulations, if the measured interior area or building area (including pool area) of the house is inconsistent with the agreed area in the house sales contract due to the design changes of the buyer and the seller, it shall be handled according to the contract. If there is no agreement in the contract or the agreement is unclear, it shall be handled according to the following principles: (1) If the absolute value of the area error ratio is within 3% (including 3%), the house payment shall be settled according to the price agreed in the contract; (2) If the absolute value of the area error ratio exceeds 3%, the purchaser may request to return the house. Within 30 days after the Buyer cancels the house purchase, the developer shall refund the paid house price and pay the interest on the paid house price. If the buyer agrees to continue to perform the contract, if the actual area of the house is larger than the area agreed in the contract, the house price with an area error ratio of less than 3% (including 3%) shall be made up by the buyer according to the agreed price, and the house price with an area error ratio of more than 3% shall be borne by the developer and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the developer shall return the house price and interest for the part with the area error within 3% (including 3%), and the developer shall double the house price for the part with the absolute area error exceeding 3%. \x0d\\x0d\ Special note: \x0d\ 1. Measure the real area of the commercial house you bought. First, the buyer asks for the building completion drawing and asks experts to calculate it according to the drawing. \x0d\ 2。 \x0d\ When signing a contract, the terms and conditions shall be stipulated in detail, and the treatment method shall be stipulated when there is an error between the actual area and the registered area of property rights. If the treatment method is not agreed in the contract, the purchaser has the right to return the house when the absolute value of the area error ratio exceeds 3%. \x0d\ (III) Sharing principle of common parts \x0d\ Public building area: \x0d\ 1. The public construction area of commercial housing is shared by buildings. The shared public building area is the public building area in this building, and the public building area that is not connected with this building shall not be shared into this building. \x0d\ 2。 The public building area serving the whole commercial house is shared by all commercial houses in the building; The public building area serving the local area shall be shared by the beneficiary commercial houses. If the public building area is shared many times, the sharing coefficient shall be calculated separately. The shared public construction area of each commercial house is the sum of the shared public construction area. \x0d\\x0d\ 3。 After sharing the public construction area, the specific parts of the shared construction area of each commercial house will not be divided, but no one may occupy or change the original design function. \x0d\ Shared public building area consists of the following two parts: \x0d\ 1, elevator shaft, stairwell, garbage chute, power distribution room, equipment room, public hall and corridor, basement, guard on duty and other functional public and management rooms serving the whole building; \x0d\ 2。 Half of the horizontal projection area of the partition wall between the suite (unit) and the public building space and the external wall (including gables). Basement, garage, etc. , has been sold or leased as an independent use of space, should not be included in the public construction area, as a civil air defense project basement is not included in the public construction area. \ x0d \ x0d \ Public building spaces that should not be entered: \x0d\ 1, warehouses, motor vehicle garages, non-motor vehicle garages, driveways, heating boilers, etc. , as the basement of civil air defense engineering and independent use space with independent use function. \x0d\ 2。 The house sold by the unit is self-occupied. \x0d\ 3。 The guard room and management (including property management) room serve multiple houses. \x0d\ 4。 For the semi-basement, regardless of the structure of the light well, it is not included in the construction area. \x0d\ Special note: \x0d\ 1. When signing a contract, it is necessary to clearly stipulate the specific sharing matters. \x0d\ 2。 \x0d\ Before the pre-sale of commercial housing, the selling unit shall submit the measurement report on the pre-sale area of commercial housing to the pre-sale management department. If the design change of pre-sale commercial housing involves the area of pre-sale housing, the area calculation report shall be re-submitted. \x0d\ When selling (pre-selling) commercial housing, the sales unit shall specify the sales area, shared public building area and public building parts of the commercial housing in the sales (pre-selling) contract (including supplementary agreement). \x0d\ 3。 If other non-operating houses benefited by other buyers need to be shared, the name of the house and the shared total construction area shall be specified in the sale (pre-sale) contract.