First, acceptance before delivery
Some developers in the agreed delivery period is still not up to the statutory delivery conditions, or housing or supporting quality defects, in order to shift the risk, avoid responsibility, the use of buyers eager to accept the psychological housing, requiring buyers to sign the key, sign the “partnership agreement”, and then check the house. Once the buyers did not prevent and developers for housing procedures, not only difficult to investigate the future developers overdue housing liability for breach of contract, but also often caused housing or supporting facilities quality defects and warranty maintenance of unknown responsibility.
Although the developer according to the contract agreed time to the house buyers, but according to the “urban real estate development and operation management regulations” 17 provisions: real estate development projects completed, qualified experience can be delivered to use; Those that have not been accepted or failed in the acceptance inspection shall not be delivered for use. Because make room does not have the consign condition that the contract agrees and law sets when, its so-called make room cannot produce the consign on law, the person that buy a house has authority to refuse to make room, development business already constituted actual overdue make room, assume the liability of breach of contract of overdue consign.
Acceptance housing process can be divided into written acceptance and on-site acceptance of two
Points, a written acceptance including check file three certificates of the housing can deliver a book a table: the construction planning permit, the land use planning permit, the construction license, “residential guarantee of quality” and “residential operation instruction handbook”, “construction project completion inspection and acceptance for the record table”, general developers is copy, but can negotiate with the developers to check the original.
Remind reader especially, development business must offer province construction hall is unified new formulate “guarantee certificate of quality of new commodity residence” and “use instruction manual of new commodity residence”.
Specific contents of on-site acceptance include:
1. Whether the delivered house is the house you purchased, and whether its structural design is consistent with the original drawing;
2. Whether the quality of the house is qualified and whether the doors and Windows are in conformity with the contract;
3. Whether water, electricity and other ancillary facilities are in place according to the contract;
4. How about other projects agreed in the contract?
If any of the above contents of the house inspection is inconsistent, you can refuse to sign for it and truthfully record it in the handover record, and send the rejection reason letter to the developer by registered mail. And for the lack of supporting facilities or shrinking and violating the planning of the problem, can contact other buyers to ask developers to make up or compensation, because a single buyer on the common supporting objections or requirements are often too weak. When necessary, they can jointly complain to the competent authorities or even file a lawsuit.
Second, make clear the fees charged by developers
It is hard to avoid that the house buyer pays some fees when handing in the house, such as the purchase tail money, property management fees, decoration deposit (can not be directly charged to the owner), decoration garbage clearance freight. The fee standards for property management fees, according to the sales of commercial property management measures “, developers have been selected when signing the sales contract of the realty management enterprise, buyers should property management contracts with property management enterprise, some developers in reality according to the requirement of the buyer promises for promotion of different property fee standards, for different consumer groups to take different charge standard, As buyers enter into contracts with developers individually, they often do not know the payment standards of others. As a market-oriented property management service, different charges for the same service constitute price discrimination for buyers who are unaware of the high unit price of payment.
Another situation is the developer oral commitment to low standard property charges but no written agreement, before and after the house and the property company signed a charge standard higher than the oral commitment of the property management contract (early management). Advice: For price discrimination may complain to the commodity price departments or direct litigation or arbitration to request price standard, the property costs rise, if can collect sufficient evidence to prove that the developers have a verbal commitments (such as legal recording, etc.), can ask to develop business commitment or subsidies price difference, if evidence can’t, had to hold the owners’ assembly and appointing a new property in accordance with the company as soon as possible. At present, there are many disputes over the payment of public maintenance fund when the house is handed over.
Third, beware of protocol traps
Some developers use buyers eager to accept housing or negligent prevention and set a trap, in the process of handover requires buyers to sign adverse agreements or terms. This city ever happened to develop business to pay part of penalty for breach of contract actively in the supplementary agreement, and write clearly “both sides no longer advocate other liability for breach of contract” wait for similar request the character that buy a house to give up right.
For this kind of agreement, it is necessary to draw the buyers’ attention: once the agreement is signed, it has the legal effect, and the right to give up is difficult to recover. Housing delivery is an obligation that developers should perform according to the contract and law. In the absence of legal provisions or contractual agreements, developers have no right to put forward new housing delivery conditions, and buyers have the right to refuse to sign such agreements or clauses.
Four, the new house to pay attention to details
1, pay attention to the house payment agreement
If the client and the developer in the contract agreed, before the house payment, the developer has the right to delay the delivery of the house, then the client must pay the house payment, to receive commercial housing.
2, pay attention to property fees can not arbitrarily increase in price
According to the current regulations, the new community is generally selected by developers to hire property management companies, and signed a preliminary property management agreement. When signing a contract that buys a house, development business has obligation to show owner temporary convention to the person that buy a house, make an agreement with respect to the relevant item such as property cost. Therefore, if the property fee rises in price when the commodity housing is collected, the owner can claim rights accordingly.
3. Note that property fees can be paid monthly
In the check-in procedures, most developers or property companies require owners to pay one – year or multi-year property management fees. According to relevant regulations, property management fees can be calculated and collected on a monthly, quarterly or annual basis, but it is not allowed to collect property management fees for many years in advance at one time.
4, pay attention to the deed tax signed agreement
According to the regulation, deed tax is dealt with commonly at both sides of the buying and selling house property ownership belongs to transfer or change to the deed tax collection mechanism pay. In reality, most developers require the owners, especially the mortgage owners, to pay deed tax, transaction fees and other related expenses when they go through the formalities of housing check-in, otherwise they will not go through the formalities of housing check-in.
Development business is such requirement, because mortgage buys a house to the owner, before building ownership certificate did not come down, development business should assume stage joint and several to assure responsibility for its. If the owner can not pay the deed tax, transaction fees and other fees that should be paid when the property right is handled in time, it will cause the delay in handling or not handling the property right certificate. And the owner is not willing to pay these fees when moving in, is afraid of developer appropriation.
To this problem, the solution is to negotiate between the owner and the developer, sign a deed tax payment agreement, and agree on the liability for breach of contract that both sides should bear.
5, pay attention to prior room procedures
At present, when development business is making a room, ask owner to deal with formalities first commonly, after pay relevant charge, just allow owner to check a room. To this one unreasonable program, owner should hold to prior room, deal with formalities after, the relevant problem that should discover when checking a room is written show to develop business and let its sign receive, in order to avoid later dispute.
6. It is suggested that the owners collect the building collectively
In view of the lack of professional knowledge of the person that buy a house, it is suggested that the person that buy a house in the house to the collective of floor, possible can hire lawyers guidance to help, not only can make up for the limitation of single subject knowledge, better, more effectively safeguarding rights, also can cause the attention of the developers, prompted the problems in the housing developers took do conventions.
7, pay attention to the case of supporting problems before closing the room
In view of different housing problems, developers bear different responsibilities: the main body of the housing quality problems to assume the responsibility to check out, if the ash, cracks and other problems, developers to repair. If both sides agree in the contract of other conditions: such as supporting facilities, air quality is unqualified, the person that buy a house can accept a house first, ask development business to assume liability for compensation next.
Pay attention to the investment to buy a house as soon as possible
Some owners buy a house for investment, delayed housing will cause its rent loss. If the quality of the house delivered by the developer is problematic, it is recommended that the house be compared. If the loss of rent is large, it is recommended to receive the house first, and then hold the developer liable for breach of contract after renting the house in accordance with the established plan.