After buying a new home, there is no more exciting moment than the moment when you close the house. When you walk into your future new home, the excitement and anticipation you feel are beyond words.
However, you must stay calm when closing the house and don't be led by the nose by the developer.
Receiving the house is not the same as just going to the developer to get the key and opening the door, you must follow the following steps to collect the house, otherwise it is very likely that you will not be able to protect your rights and interests!
First, you must get the notice of receipt from the developer
After the buyer buys the house, the developer will follow the timeline specified in the purchase contractBy post shortly before the official handoverSend a "Notice of Receipt" to the buyer.
Regardless of whether the buyer is local or off-site, the developer will notify you by mailThis is to ensure the accuracy and timeliness of notifications.
Mailing of the notice of receipt of the property is a manifestation of the developer's fulfillment of the contractual obligations, because the purchase contract clearly stipulates the time, place and manner of delivery of the house. As a party to the contract, the developer shall perform its obligations in accordance with the contract and deliver the house to the buyer.
The mailing notice is a formal notice issued by the developer to the buyer, informing the buyer that the house has met the delivery conditions and the buyer needs to receive the house within the specified time.
2. Check the "Three Books, One Certificate, One Table".
At the site of the repossession, the developer must announce the project in accordance with the regulations"Three books, one certificate, one table".
The three books refer to:"Residential Quality Assurance Certificate", "Residential Instruction Manual" and "Construction Engineering Quality Certificate".。Among them,The "Residential Quality Assurance Certificate" mainly promises the warranty content and warranty period of each part and component of the house under normal useThe "Residential Instruction Manual" provides the basic information of the use of the house, including the use of the house structure, equipment, facilities, etcThe "Construction Engineering Quality Certificate" is the evaluation and identification of the quality of housing construction.
A certificate refers to:"Comprehensive Acceptance Certificate for the Completion of Real Estate Development and Construction Projects".。This certificateIt is obtained by the developer after the completion of the project and after the comprehensive acceptance of the relevant departments.
A table refers to:"Completion Acceptance Record Form".。This ** is recordedAll information about the house from start to completion, including the construction process, material use, acceptance results, etc.
If the developer cannot provide "three books, one certificate and one table", it means that the quality of the housing of the project has not passed the acceptance of the state. In this case, the buyer can refuse to take possession of the property.
3. Inspect the house before signing the agreement
It's not uncommon for developers to ask for a takeover agreement first, but doing so can be risky. Once you sign the takeover agreement, you agree on the quality of the home, and if anything is found to be wrong later, the developer may not be held responsible.
In accordance with the relevant legal provisions,"Turnkey" is considered to be the delivery of the house。Therefore, if a problem is found in the house inspection after receiving the key, the developer only bears the responsibility of the quality warranty of the house, and there is no pressure to deliver the house on time. This means that once you have signed the repossession agreement, you will only have to pay for the repairs yourself, even if you find that there is a quality problem with the house.
Therefore, the correct thing to do is to inspect the house first and then sign the closing agreement.
On the day of handover, a professional home inspector can be invited to accompany the home inspection to check whether the house existsCracks, peeling, hollowing, water leakage, electricity leakageand so on.
If there are no problems with the home inspection, you can sign the closing agreement. If there is a problem with the house inspection, it is necessary to ask the developer to rectify the situation in place before reclosing the house.
Fourth, if you want to rectify, you must agree on the rectification period
If you find a lot of problems during the home inspection, then you must agree with the developer on a time for rectification, and it must be determined in the form of a contract. Verbal promises are unreliable because they have no legal force. The form of contract is the best way to guarantee one's legitimate rights and interests, because it is legally binding.
During the rectification period, the developer still has the responsibility to ensure that the rights and interests of home buyers are protected. If the developer does not complete the rectification within the agreed time, then the buyer can ask the developer to pay liquidated damages. The amount of liquidated damages is usually specified in the contract, usually a percentage of the total room price.
In addition, the buyer can also ask the developer to supervise and accept the rectification. If the developer does not rectify in the manner specified in the contract, then the buyer can ask the developer to rectify the situation and claim liquidated damages again.
Xiao Xiucai concluded:
Closing a house is a very important part of the process of buying a houseIt's not just about comfort after moving in, it's also about the quality and equity of the home. Therefore, you must take it seriously when closing the house, and you must not be careless.