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I bought a house in Building 30-33, the second phase of Dahecheng, Qingdao. Is the clause about delivery reasonable in the purchase contract?
1. There is something wrong with the quality of the house. If the quality does not conform to the contract or the usual quality of the house, the buyer may reject it, and the seller shall bear the responsibility of repairing, replacing, redoing and compensating for the losses. Therefore, if the delivery is overdue, the buyer may ask the developer to pay liquidated damages for the delay in performance.
2. The decoration and equipment are not coordinated. Sales contracts often stipulate that the seller provides hardcover rooms, decoration materials and technical standards. When the house is delivered, if the buyer finds that the materials are low-grade, the workmanship is rough and 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 and ask the developer to bear the overdue responsibility.
3. 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, roads, gardens and greening. A complete infrastructure is a necessary condition for the buyer's normal life. If there is a lack of infrastructure, the buyer can refuse to accept the house, and if the developer does not hand over the house, the buyer can ask the developer to bear the liability for breach of contract. Public facilities are indispensable elements for comfortable living and value-added houses, and their contents and standards are subject to floor plans, sales advertisements and sales brochures. If the description of public facilities in the sales advertisement is specific and clear enough to affect the buyer's purchase and house price, the seller shall bear the liability for breach of contract for delayed delivery.
4. Incomplete information about the house. When the house is delivered, the seller shall provide the following materials: the record certificate of completion and acceptance of the construction project issued by the government agency, the surveying and mapping materials issued by the house surveying and mapping agency, the residential quality guarantee and the residential instruction manual. When the seller fails to provide the above information, the buyer can refuse to take over the house and ask the developer to bear the responsibility for overdue.
5. If the commercial house is not accepted or unqualified, the developer will inform the purchaser to accept the house. In this case, the developer violates the principle of good faith, which is a kind of fraud and should bear the corresponding adverse consequences. Even if the purchaser closes the house in advance, the actual delivery date should be the date with delivery conditions. Therefore, the purchaser still has the right to ask the developer to bear the responsibility for overdue breach of contract after receiving the commercial house.
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