When you have signed a contract for the purchase of a house, is it all right? And slow, everything has a lot of variables, you have to pay attention to many aspects.
[Item 1] Handle the handover of commercial housing according to the time notified by the developer.
If the commercial housing has met the contractual delivery conditions, the developer shall notify the buyer in writing of the handover procedure before the date on which the contract is determined to be delivered. If the time and place of the handover procedure and the documents that should be carried are clearly stated in the developer's notice, the purchaser should handle the handover procedure on time. If the buyer refuses to accept the house or fails to complete the handover procedures as scheduled, he/she must bear the liquidated damages overdue. In addition, the risk of damage or loss of the house will be transferred to the buyer from the date of delivery as determined by the written notice.
[Item 2] The developer should be required to present relevant supporting documents when handling the handover.
The current model text of the "Commodity Sale Contract" stipulates that the delivery of commercial housing usually meets the following conditions: the construction project planning acceptance certificate and the completion certificate of the building construction project have been obtained; the housing survey results for the housing ownership registration have been obtained. The rights existing on the commercial housing have been eliminated; if the commercial housing is residential, the developer should also provide the housing quality guarantee and the residential instruction manual ("two books"). When buying a house, the buyer can ask the developer to produce the supporting documents agreed in the contract. If the developer refuses to produce or proves that the supporting documents are not complete, the buyer has the right to refuse to accept the commercial housing, and may require the developer to bear the responsibility for delaying delivery as agreed.
[Item 3] promptly urge the developer to deliver the house in time
The law stipulates that if the developer delays the delivery of the house, the buyer must claim to cancel the purchase contract first, and after the reminder, the developer still does not pay the house after 3 months, and can check out. Therefore, when handling the handover, once the developer refuses to produce the corresponding supporting documents, the buyer should promptly urge the developer to deliver the house in time. The method is as follows: write a written notice of the notice of delivery, hand it to the developer for signing (note that the other party is required to stamp); or send it to the developer by postal express mail, and indicate on the mailing receipt the notice of the notice of delivery. And pay attention to save the receipt for the query.
If the developer is still unable to pay the house within 3 months after receiving the notification letter, the buyer can request to check out, and can request the refund of the purchase price, and at the same time investigate the developer's liability for breach of contract.
[Question 4] Do not accept the house easily
Some buyers are aware that the developer does not have the corresponding supporting documents when handling the handover. Because they are eager to renovate and still accept the house, such behavior is legally considered as delivery. Thereafter, if the buyer does not issue the corresponding supporting documents for a long time, the court will not accept the contract.
Therefore, in practice, some embarrassing developers will ask the buyer to sign the house transfer order when handling the handover. We remind the buyers that when signing such documents, they must clearly see the contents of the house transfer order. If the buyer is only inspecting the house for key collection and does not accept the house, it should be clearly endorsed on the delivery order.
[Question 5] Seriously check whether the house has serious quality problems
Generally speaking, when the house is delivered, if the developer has obtained the construction project planning acceptance certificate and the building construction project completion acceptance record, it means that there is basically no problem in the quality of the house. However, because the current housing completion acceptance subject has been changed to a developer, this may result in the completion of the acceptance of the house does not meet the acceptance criteria. Therefore, when buying a house, the housekeeper should carefully check the quality of the house. If a minor quality problem is found during the house inspection, the developer may be required to carry out the renovation.
[Item 6] When quality problems are found, they are commissioned by professional testing agencies in a timely manner.
If the buyer finds that the house has serious quality problems when inspecting the house, it should promptly entrust the provincial and municipal construction quality inspection agencies with the above-mentioned testing qualifications at the municipal level to test. After testing, it is found that the quality of the main structure of the commercial house is unqualified, or because of the serious engineering quality problems in the commercial housing, which seriously affects the normal use, the buyer has the right to terminate the contract, and at the same time, the developer is required to return the purchase price and bear the corresponding liability for breach of contract.
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