Should I pay in advance or in advance?
After receiving the notice from the developer, you must complete the following steps, which are indispensable.
1. Check the information, including: a. House quality guarantee of the house; B, "residential instruction manual"; C. record certificate of completion acceptance; D, area measuring table; E. As-built drawings of pipeline distribution (water, strong electricity, weak electricity and structure).
2. Buyers will inspect the house together with the real estate. The house inspection standard is based on the Commodity House Sales Contract and relevant laws and regulations. The scope of house inspection includes the quality of houses and ancillary facilities, whether indoor harmful gases exceed the standard, living environment and so on.
3. The property buyer raises questions, improvement suggestions or solutions to the problems existing in the acceptance, and the property shall be recognized and signed.
4. The developer will issue a notice of delivery again after solving the problems existing in the house inspection within a certain period of time.
5. There is no problem for the buyer to check the house with the property again. The buyer receives the house key, signs the house key receipt and occupancy handover form, and the commercial house is delivered.
Is it legal to pay before checking the house?
In the sales contract, it is a common trading habit to collect first, but the trading habit of collecting first and checking later may exist, but it must be an abnormal phenomenon, which has the nature of a typical overlord clause and runs counter to the basic principles of market economy, and is denied by modern civil law and economic law.
Article 10 of the Consumer Protection Law stipulates that consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.
Developers may think that it is reasonable to stipulate that the goods should be received first and then inspected because there is no agreement in the contract between the two parties. For the case that the performance method is not stipulated in this contract, Item 5 of Article 62 of the Contract Law stipulates that if the performance method is unclear, it shall be performed in a way conducive to the realization of the purpose of the contract. In housing delivery, the only way to achieve the purpose of the contract is to receive the house before delivery.
The law also clearly stipulates the transferee of the subject matter in the sales contract. Article 157 of the Contract Law stipulates that upon receipt of the subject matter, the buyer shall inspect it within the agreed inspection period. If there is no agreed inspection period, it shall be inspected in time.
Purchase before purchase is conducive to market stability, ensuring transaction safety and realizing supervision of operators. Article 17 of the Law on the Protection of Consumer Rights and Interests stipulates that business operators should listen to consumers' opinions on the goods or services they provide and accept consumer supervision.
Are all the above legal or transcendental, and it is legal to hand over the house first and then inspect the house. Commercial housing delivery, many owners in accordance with the requirements of developers hastily closed the house. In the process of house decoration or after occupancy, you should consult with the developer. The developer thinks it is a problem in the decoration process, which makes the homeowner very helpless. Therefore, it is very important to inspect the house before renovation and after renovation.