Case Law Popularization Issue 52 Don t panic! We teach you how to deal with the quality of your home

Mondo Social Updated on 2024-01-28

Basic Case:

Zhang bought a house from the developer, and found that all the power sockets on the negative floor of the house could not be used after moving in. Zhang repeatedly contacted the property company and the developer to no avail. For this reason, Zhang sued the developer to the court, requiring the developer to bear the cost of circuit repair. The developer argued that the house had passed the completion acceptance and was delivered, and did not recognize that the quality of the project involved in the case was defective, and did not agree with Zhang's litigation claim. During the trial, Zhang applied for the specific reasons for the normal use of electricity in the house, the repair plan and the repair cost, and the appraisal agency issued an appraisal opinion, believing that the specific reason why the user could not use electricity normally was that there was a short circuit between the socket lines on the basement floor, and the repair plan was divided into clear laying and removal of the original socket line to restore the original state of repair, of which the repair cost of laying was 5,000 yuan, and the repair cost of restoration was 30,000 yuan.

Referee Result:

The court held that the developer, as the construction unit, should bear the responsibility for guaranteeing the quality defects of the houses it delivered, and should repair the houses with quality problems in a timely manner. In this case, although the circuit system with quality problems did not belong to the main structure of the house, it was still an integral part of the house as a whole. Although the house as a whole passed the completion acceptance, it did not affect the developer's responsibility for repairing the existing problems identified by the appraisal, and the developer never repaired it, and should compensate Zhang for the repair loss. Regarding the standard of repair costs, although the appraisal agency gave two different repair plans when issuing the appraisal opinion, Zhang did not agree to apply the repair plan of the exposed piping and wiring, and comprehensively considered the cause of the quality problem in the case, the extent of the quality problem, the duration of the quality problem, and the developer's actions in the process of solving the problem, and finally ruled that the developer should compensate Zhang for the repair cost and bear the appraisal cost of the case in accordance with the restoration plan of the original state. (The above case**: a typical case of the Supreme People's Court).

Keyou Viewpoint:

With the development of social economy and the improvement of people's living standards, the real estate market is becoming more and more prosperous. However, in the process of buying a house, consumers may encounter various quality issues, such as circuit failures, defects in the structure of the house, etc. These issues not only affect the quality of life of consumers, but can also lead to legal disputes. Based on the above cases, the risk of quality problems encountered when buying a house and preventive measures will be taken.

1. If there is a problem, the real estate developer will pay for it? Not necessarily!

First of all, we must understand who is responsible when buying a property of questionable quality. This situation needs to be discussed in detail, and the responsible entity is responsible for the damage result, and it is not necessarily the real estate developer to be liable, as shown in the above case, specifically in the following situations:

1. Responsibilities of the developer:If there is a quality problem in the house, and the problem is a major problem that exists at the time of delivery, the main structure of the house, or seriously affects the use function, the developer shall bear the corresponding responsibility. According to the provisions of relevant laws and regulations, the developer, as the developer and builder of the house, shall ensure that the quality of the house meets the standards stipulated by the state, and shall be liable for compensation for the losses caused by quality problems.

2. Responsibilities of the property management company:As the manager of the house, the property management company shall carry out daily maintenance and management of the house, and ensure the normal use of the house and its ancillary facilities. If the property management company fails to fulfill the above obligations, resulting in quality problems in the house, it shall bear the corresponding responsibility.

3. Residents' own responsibilities:If the quality of the house is caused by the improper use or improper decoration of the tenant himself, the tenant shall bear the corresponding responsibility. For example, if a resident changes the structure of the house without authorization or uses improper decoration materials during the renovation of the house, resulting in damage to the house, the resident shall bear the corresponding repair costs or compensation liability.

2. What should I do if I buy a house that does not meet the quality requirements? Do it!

When there are quality issues with the purchased home, home buyers may feel confused and helpless. We remind you to take the following measures in time when you buy a house with quality problems!

First of all, it is necessary to clarify the specific situation of the quality problem of the house。Buyers should conduct a thorough inspection of the home and document all quality issues, including the location and extent of the damage, and whether it will affect residential use. It is best to take some ** or ** as evidence for subsequent negotiation with the developer or through legal means.

Next, it should be resolved in a timely manner through consultation with the developer。Buyers can ask the developer to carry out repairs or replacements and ask them to bear the corresponding costs. If the developer is willing to actively rectify the problem, the problem may be properly resolved.

If the developer does not agree or procrastinates the time,Buyers can complain to the local consumer association or to the local administrative department of housing and construction, real estate, etc。These authorities can supervise and hold developers accountable, and hold them liable for compensation. Buyers should prepare relevant evidence and materials, and submit appeal materials in accordance with relevant regulations.

If none of the above measures are effectiveBuyers can protect their rights and interests through legal means。A lawsuit can be filed with the court to require the developer to bear the corresponding liability for compensation. Litigation strategy is the foundation of litigation, and we provide litigation strategy to fight for your best interests from an absolutely objective perspective.

3. What should I do before buying a house to avoid such a situation? Prevent risks!

Before buying a home, conduct an in-depth investigation of the developer's background, reputation, and track record. By understanding the developer's history and reputation, you can make a preliminary judgment whether it is trustworthy or not. For the quality of the house, buyers can consult with local residents, professionals or real estate agents to understand the quality evaluation and past cases of the house.

Every clause should be carefully reviewed when signing a purchase contract. The contract is a key legal document to protect the rights and interests of home buyers, which should clearly stipulate the quality standards of the house, the warranty period, property services, etc.

Gain in-depth knowledge and familiarize yourself with the regulations. This can not only help buyers clarify their rights and interests when buying a house, but also guide you to take appropriate measures to protect your rights when you encounter problems with the quality of the house.

Get a medical exam for your home. Inspections include, but are not limited to, visual inspections, structural inspections, pipeline inspections, etc., which can detect potential quality problems in time and take measures to solve them. With regular inspections, you can get a better understanding of the condition and problems of your home.

Editor|Yan Lishan.

Design|Jiang Jitao.

Audit|Tang Haifeng.

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