The basic process of claiming for quality problems in commercial housing.
Problems found: After taking over the home, the home buyer should carefully inspect the home, record all found quality issues, and take photos or videos as evidence.
Notify the developer: Notify the developer in writing of the problems found, with relevant evidence. At the same time, the developer is required to carry out rectification within a certain period of time.
Negotiation: If the developer agrees to rectification, both parties should sign a written agreement to clarify the content, time limit and liability for breach of contract. If the developer refuses to rectify or the rectification is not in place, the buyer can take further legal action.
Application for arbitration or litigation: According to the agreement in the purchase contract, the buyer can choose to apply to an arbitration institution for arbitration or file a lawsuit with the people's court. During this process, the home buyer needs to provide sufficient evidence to prove that the developer has breached the contract.
When buying a commercial house, we should not only pay attention to factors such as housing prices and location, but also pay attention to the quality of the house. Once a quality problem is found, we should actively negotiate with the developer to deal with it, and take legal measures to protect our rights and interests if necessary. At the same time, it is also important to understand and be familiar with the relevant laws, regulations and policies. Only in this way can we avoid or reduce potential risks and losses during the home buying process.
Xiao Zhang bought a commercial house, and after taking over the house, he found that there was a serious water leakage problem in the kitchen. He first took photographs and videos to document the problem, then notified the developer in writing and asked him to complete the rectification within a month. However, the developer has been perfunctory in the rectification process, and the water leakage problem has not been fundamentally solved. Xiao Zhang then applied to a local arbitration institution for arbitration in accordance with the arbitration clause in the purchase contract. In the course of the arbitration, Xiao Zhang provided evidence such as the purchase contract, water leakage** and **, and finally the arbitration institution ruled that the developer should bear the liability for breach of contract and compensate Xiao Zhang for the losses suffered as a result.
Relevant Regulations. Contract Law of the People's Republic of China: This law stipulates the basic principles of the formation, performance, modification and termination of contracts, and buyers can require developers to bear liability for breach of contract in accordance with this law.
The People's Republic of China Consumer Rights and Interests Protection ** This law stipulates the basic rights of consumers and the obligations of operators, and buyers as consumers can protect their legitimate rights and interests in accordance with the law when they are infringed in the process of purchasing commercial housing.
Measures for the Administration of Commodity Housing Sales": The Measures regulate various behaviors in the process of commercial housing sales, including housing quality, advertising, contract terms, etc. Buyers can file complaints and claims against developers for violations in accordance with the Measures.
Regulations on the Quality Management of Construction Projects: The regulations stipulate the supervision and management system for the quality of construction projects, and for commercial houses with quality problems, buyers can request the developer to rectify and compensate according to the regulations.