How to sue property and developers for housing quality problems

If there is a problem with the quality of the house, you can prepare to sue the developer in a people's court with jurisdiction. If there are quality problems in the house, it is suggested that the owner first collect evidence and check the specific quality problems, and then negotiate with the developer to repair them. If the developer resolutely refuses to deal with it, it is recommended that the owner prepare the evidence materials such as the purchase contract, invoice and immovable property certificate to the people's court with jurisdiction. If it is a breach of contract in the purchase contract, the developer may be required to bear the liability for breach of contract. If the house leaks, it will not only affect the owner, but also affect the neighbors and residents downstairs. The main reason for the leakage problem is that the waterproof project is not in place, which will affect the residence in serious cases. On the issue of housing quality, if there is something wrong with the building, it is a serious situation. The problems of the building include the inclination of the building in the process of settlement, the lack of overall strength of the building, the shaking of the building after vibration or strong wind, and the imperfect structure of the building. When the above problems occur, buyers should never accept the house, even after the house inspection, they should ask the developer for compensation or return the house.

First, the prosecution procedure.

1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.

2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:

(1) The materials of the plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.

(2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.

4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.

6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.

II. Materials to be submitted for prosecution

1. A complaint, also known as an indictment, is necessary to bring a lawsuit to the court and explain the case and the legal documents we advocate. (For the specific writing, please refer to the article "Basic Forms and Writing Essentials of Civil Complaints" written by me.

Need to submit: 1 original indictment, and submit the number of copies according to the number of opponents. (that is, if there are several opponents, submit several copies, and then add 1 in court. )

2. Materials to prove the identity of the parties.

Need to submit: 1 copy of ID card. Without an ID card, you can also submit a copy of temporary id card and a copy of your household registration book.

If you have a copy of the other party's ID card or household registration book, you can also submit it together. If not, if there is the name and address of the other party, it can be stated in the complaint.

3. Basic evidence to prove your claim.

Need to submit: 1 piece of evidence, depending on the specific case. For example, divorce cases should provide copies of marriage certificates, and debt cases should provide copies of IOUs and IOUs. The original is usually submitted at the trial.

4. Authorization and entrustment procedures.

Legal basis:

"Regulations on Property Management" Article 46 A property service enterprise shall assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.