Nowadays, China's people's living standards have improved substantially, and the rapid development of residential construction and real estate industry has caused disputes over the quality of commercial housing to rise.
Netizen consultation:
In the house sale and purchase contract, how to remedy the quality problems of the house delivered by the seller?
Lawyer answers:
If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period;If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.
If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.
If the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported.
Lawyer adds:
Commercial housing for sale shall meet the following conditions:
1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise.
2) Obtain a certificate of land use right or an approval document for the use of land;
3) Hold a construction project planning permit and a construction permit.
4) It has passed the completion acceptance;
5) Demolition and resettlement have been implemented.
6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date;
7) The property management plan has been implemented.
Legal basis] Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts
Article 10 Where the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported.
If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period;If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.
Lawyer Wang Baoqi's profile
Mr. Wang graduated from Southwest University of Political Science and Law with a double master's degree. Mr. Wang is proficient in law, familiar with business, understands finance and taxation and has market awareness, has handled a large number of real estate legal affairs, and served as the perennial legal counsel of many first-class listed companies and large real estate development enterprises, with extremely rich practical experience.