In general, the careful home inspection by the landlord is a necessary performance obligation for the purchase contract. Whether it is the developer or the owner, it should be carefully handled in accordance with the relevant provisions of the contract and the requirements of the additional agreement; otherwise, it will leave serious Legal consequences and risks.
1) The omission by the landlord will cause you to lose the laws and regulations of the "Contract Law," "Construction Law," "Construction Engineering Design Specification," "Construction Project Construction and Acceptance Specifications," and "National Compulsory Standards," and other laws and regulations. Most of the rights granted to you are left with only the builder's warranty.
2) Do not review the “Building Area Measurement Table†when you close the house. Once the owner has collected the house, he will start to make a second investment in the house, and the “Building Area Measurement Table†that he got to tell you that the building area exceeds the standard (the national standard provides positive and negative 3 %, you can pay more and less.) At this time you are checking out whether it is a claim or a default.
3) If you do not ask a professional home inspection unit to do a house inspection when you collect your house, you will not be able to discover many professional technical issues in a timely manner and carry out rights protection activities under their guidance. Your legitimate rights and interests will not be guaranteed. However, when your house is being renovated, the decorating company will claim against you for the building construction quality or design, and ask for an increase in fees. At this time, you will not be able to speak hard to eat Coptis.
4) If the landlord does not ask the professional home inspection unit to do the house inspection when he collects the house, as far as I know, it will be very difficult to obtain effective technical and legal consulting services in this area.
5) The omission by the landlord will also cause you to lose the right to enjoy the rights protection activities of other owners.
Then did you hand over the keys to your house?
Mr. Wang of Haikou has bought a house for two years. He still hasn't got a real estate license. He believes that the developer has breached the contract and has reported to the Haikou Arbitration Commission that he is required to pay damages of 7920 yuan for breach of the contract and 8,881 yuan for overdue real estate permits. But developers think that you have gotten your house keys. Is the house not yet delivered? So there is no problem of breach of contract.
Haikou Arbitration Commission ruled in recent days that failure to submit the room as required was, of course, a breach of contract. However, because there is no contractual agreement, there is no legal basis. Mr. Wang’s breach of contracted delivery required compensation and was ultimately unsupported.
In March of this year, the application submitted by Mr. Wang to the Haikou Arbitration Commission stated that in 2002, he signed a contract with a real estate company in Haikou and decided to purchase a residential house developed by him. Both parties agreed that the developer should deliver the house to be qualified before delivery to May 30, 2003, and then apply for a good real estate license within 90 days. After the signing of the contract, Mr. Wang took all his savings and paid the house payment. However, as of March 31 this year, the developer still did not obtain the acceptance certificate, nor did it run a real estate license.
Mr. Wang believes that as a developer of a house, without knowing that he was in breach of contract, he did not actively provide him with reasonable explanations to explain the cause of the breach and the remedial measures that he should take. Therefore, he was required to pay compensation for breach of contract.
The developer stated in his statement of defense that the contract clearly stipulates that the seller does not produce the supporting documents or the proof of production is not complete, and the buyer has the right to refuse the handover. The resulting delay in delivery of the housing is borne by the seller. In fact, they had delivered the house to Mr. Wang on June 17, 2003, indicating that he had waived the agreed right to refuse to submit a house. After two years of having submitted to the house, Mr. Wang still requested the payment of liquidated damages. There is no factual or legal basis.
Similarly, the contract did not stipulate the specific time for handling the real estate license, nor did it agree to the seller’s liability for violating this paragraph. If the buyer’s liability is caused, the buyer cannot obtain the real estate license within the prescribed time limit, and only 1% of the compensation will be given on the premise of the check-out. If you do not check out, nothing can be obtained.
Haikou Arbitration Commission after the trial, held that according to the contract, the real estate company should be Mr. Wang purchased the house before May 31, 2003, but the actual delivery time of the real estate company was June 15, 2003, overdue 15 days, Is a breach of contract. Moreover, the real estate company failed to apply for a real estate license on time and also violated the contract. According to the relevant regulations, Mr. Wang should pay the default penalty of 8881 yuan for overdue real estate licenses.
At the same time, the arbitration tribunal held that the real estate company failed to deliver the house according to the conditions for delivery of the contract as stipulated in the contract, and also failed to report the relevant data for the ownership registration to the property rights registration authority for the record, which was also a breach of contract. However, because there was no agreement in the contract and there was no legal basis, Mr. Wang’s request for liquidated damages was not approved by the arbitration tribunal.
Hainan legal professionals believe that the commercial housing sales contract usually expressly stipulates that the seller’s default liability for late delivery of the house, but there is no specific agreement on how to use the commercial housing for delivery. In daily life, the buyers and sellers often have different understandings and cause dispute.
In this case, the seller thinks that “the delivery of the house†is a turn-key. As the home buyer, the “house delivery and use†includes not only the key, but also the house that receives the experience and qualification, and the certificate of obtaining the house ownership.
Counsel reminds consumers that in order to avoid such disputes, homebuyers should clearly stipulate in the terms of the contract the conditions for delivery and use, indicating that they must be officially delivered only after they fully meet the conditions of delivery. Otherwise, the seller should bear the liability for breach of contract. . At the same time, it can also be agreed that the seller should bear the liability for breach of contract that the unqualified house should bear. You must be cautious when picking up your keys, and if you can, ask a professional home inspection company to help you deal with it as a feasible solution.
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