Attending doctor
Shu Kexin: Industry experts
Qin Bing: The author of Article 204
Symptom 1: Inability or Delay in Delivery
Cause: The reason is that the project is not completed. The reason why the project is not completed is due to the dragging of the construction unit. One is the delay of the project caused by force majeure. For example, during the SARS period in 2003, many projects were forced to stop work.
Treatment: Claims from the developer and provides for delivery within a certain period of time. It must be the owners' committee to come forward to join all the owners.
Preventive measures: clearly indicate the date of delivery in the house purchase contract. If the delivery is delayed, the developer must compensate the purchaser.
Symptom 2: First acceptance after delivery, the specific symptoms for the first induce buyers to sign the "admission agreement" or the first sign key; or to send home buyers registered delivery notice and additional deadline for collection? And indicate overdue did not handle the procedure Taken as a house.
Etiology: Some developers in order to avoid overdue housing delivery responsibilities, or in the contractual delivery period still can not reach the legal conditions of delivery, or the quality of the housing or supporting defects in order to transfer risk to avoid liability.
Treatment methods: The owner should insist on the first inspection room and go through the formalities.
Symptoms three: area shrinks
Cause: Misuse in the process of construction or intentional creation by developers to sell more space.
Treatment: Professionals say that because of the lengthy measurement process and complex calculations, the owner is unlikely to participate in the measurement. In order to enhance transparency, developers should have detailed information on the public rental areas for the owners to review. If the purchaser does have evidence that the size of the indoor area is small, he may apply to the real estate department in charge for re-examination, request the original measurement unit to re-test, and may also apply to the competent department of surveying and mapping at the higher level for re-examination. (The total area error is within 3% of the contract and is normal)
Preventive measures: The construction area and use area are clearly written in the contract.
Symptom 4: Indoor facilities, indoor and outdoor environment quality are different from the original plan.
Cause: The developer changed the original plan to sell more than one square meter.
Treatment: Owners should join forces to find developers to negotiate compensation or remedy. For the planning and design change issues, the owner may, in addition to negotiating with the sellers in accordance with the contract, change the plan, such as the reduction of green space, clubhouse, increase of floors, change of supporting facilities, etc., and bring an administrative reconsideration to the planning department or Administrative Litigation.
Preventive methods: Write everything in the contract.
Symptoms 5: There are safety hazards in water, electricity, heating, and gas
Etiology: The quality of construction is not enough.
Treatment: Find developers to repair and claim in time.
Symptom 6: The supporting facilities promised in the contract or advertisement are not, shrink or violate the planning index
Cause: Developers initially tried to attract homebuyers, but they often failed to deliver.
Treatment methods: The lack or shrinkage of some important ancillary items requires the developers to make up for or compensate for them through the joint efforts of other owners. Because individual owners raise objections or requests for common support, they are often weak, and when necessary, they can ask the competent authority to supervise until the litigation. .
Preventive measures: When you buy a house, you can ensure that you have basically no problem buying a house by checking the developer's five certificates and investigating the details of its development strength.
Case Seven: Property Management Fees Price Discrimination or Default Price Rising
Etiology: In reality, some developers have promised different property fee standards for the promotion according to the requirements of buyers, and some have adopted different charging standards for different consumer groups. In another case, the developer verbally promised a low-standard property fee but did not have a written agreement. The delivery of the house was not honored.
Treatment methods: The developers are required to pay a unified fee and follow the original regulations.
Symptoms 8: In the process of handover, buyers must sign agreements or terms that are unfavorable to the buyers. Developers often agree to pay partial liquidated damages in the agreement when they have high liquidated damages, and they state that “the parties no longer claim Other liability for breach of contract is similar to the text that induces buyers to abstain from part of their rights.
Etiology: Some developers set up traps; use home buyers eager to collect or neglect prevention and shirk responsibility.
Treatment: Once such an agreement is signed, it is difficult to overturn in the future, and the right to give up is difficult to recover. Delivery is the developer's obligation under the contract and the law. In the absence of legal provisions or contractual agreement, the developer has no right to propose new conditions of delivery. Buyers have the right to refuse such exchange agreements or terms.
Prevention: Remember to sign a supplementary agreement when you buy a home.
Xu Huiying
Interpretation of Keywords
Delivery of housing: refers to the housing on the basis of the contractual stipulations and the statutory conditions of the relevant government agencies. After the buyer fully approves the quality and rights of the house, the seller will hand over the house to the buyer and use it to ensure the purchase. The recipient can use the house normally for residential purposes and does not represent the transfer of ownership of the house.
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