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Can I refuse to pay the property fee if there is a problem with the quality of the house?
What if there is something wrong with the quality of the house?
1, different quality problems have different rights protection methods:
According to Chinese laws, there are three kinds of housing quality problems: unqualified main structure, quality problems that seriously affect normal living and use, and other general quality problems. In view of different housing quality problems, we should adopt correct ways to safeguard rights.
If the buyer thinks that the commercial house delivered by the developer is unqualified, first of all, the buyer should apply to the project quality supervision unit for re-approval. If it is verified that the quality of the main structure is unqualified, or it is directly related to the safety of use, it can not be repaired or the repair cost is high, the buyer has the right to terminate the commercial housing sales contract and ask the developer to compensate for the losses.
If the quality of the house seriously affects the normal living and use, the buyer may also request to terminate the contract and compensate for the losses. Of course, the buyer can also choose to ask the seller for repair, and bear the responsibility of delayed delivery or compensate for other losses caused by the repair.
For the general quality problem, because it has not seriously affected the use of the house, the seller can only be required to repair and compensate for the losses, but not to return the house. Of course, for the quality defects that don't need to be repaired, the purchaser can ask the developer to compensate for the depreciation loss of the house value caused by the quality defects, and can apply to entrust the relevant appraisal agency to evaluate the house price difference according to law to determine the price difference loss.
2, reasonable rights protection should follow the steps:
Commercial housing also has a warranty period. According to the law, the residential warranty period is calculated from the date when the developer delivers the residential building that has passed the completion acceptance. If the house delivered for use has general quality problems, during the warranty period, the seller shall bear the maintenance obligation and be responsible for the losses caused thereby.
Therefore, property buyers should pay attention to the warranty agreement, warranty period and warranty scope of housing quality in the "Residential Quality Guarantee" issued by the developer. The industry believes that when people accept a house, they must first look at the contract, and the content of the contract is an important basis for the inspection of the house. The conditions that the house should be closed should be reflected in the contract, and how to deal with the breach of contract should also be reflected in the contract.
At the same time, property buyers should take home inspection seriously. If economic conditions permit, they can choose a professional house inspection company to inspect the house. When quality problems are found, buyers can keep relevant evidence by taking photos, videos and writing records. For future rights protection.
Generally speaking, after the delivery of commercial housing, there are few quality problems in the main structure of the house, and a large number of non-main structure problems appear. Relevant persons suggest that once citizens find that there is a problem with the quality of housing, they should follow four steps to safeguard their rights reasonably:
(1) Consult the developer and the property management company first;
(2) If the developer and the property management company delay or ignore the owner's complaint, the owner can complain to the relevant departments;
(3) When necessary, we can also use the media exposure and the power of public opinion to promote the progress of rights protection;
(4) If negotiation fails, especially when compensation is involved, the owner needs to go through judicial procedures such as litigation and arbitration.
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