(1) As long as the quality of the main structure of the house is unqualified by the quality appraisal of the relevant state departments, the buyer can return the house according to law and ask the developer to compensate for the losses. The legal basis is Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes: "If the quality of the main structure of commercial housing is unqualified and cannot be delivered, or the quality of the main structure of commercial housing is unqualified after delivery, and the buyer requests to terminate the contract and compensate for the losses, it shall be supported".
(2) Regarding the quality problem that seriously affects the normal use of the house, Article 13 of the above explanation stipulates: "If the house quality problem seriously affects the normal use of the house, the buyer requests to terminate the contract and compensate for the losses, it shall be supported." However, what is "seriously affecting normal residence" is not clear in law and can only be discretionary by judges.
(3) Other quality problems, such as water seepage in houses, hollowing on the ground, wall falling off, etc. The buyer can't ask to return a house because of this. (This is also the problem that most businesses encounter after they check in). During the warranty period, property buyers can ask developers to fulfill their warranty obligations and take responsibility for the losses caused.
The basis is the second paragraph of Article 13 of the above explanation: "The house delivered for use has quality problems, and the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller. "
Of course, it should be reminded that owners should pay attention to whether there is an agreement on house maintenance in the property service contract. If there is an agreement, the owner can directly find the property company; When there are quality problems in the house, it is also important for the owner to collect relevant evidence. When necessary, he can leave evidence by taking photos, videos and writing records. Written records should be witnessed by employees of the developer or a third party to enhance the validity of the evidence. Don't solve the problem by not paying the property fee, thus delaying the best opportunity to claim compensation from the developer.
However, if the property management company is indeed a department of the developer, or has other assets, then if there is a problem with the quality of the house, the owner can refuse to pay the property management fee. This can actually be understood as debt offset. ?
After the house has passed the warranty period, there are quality problems such as water seepage: according to the specific parts of the problem, find the party directly responsible. If it is self-use damage, such as toilet leakage, water pipe rupture and so on. The owner needs to pay for the maintenance himself, and the property can help contact the relevant maintenance personnel. If non-human problems appear in the use part of * * *, such as water seepage in the building wall and sewage siltation, etc. Or community public facilities such as road damage, railing wear, etc. , the property will withdraw property maintenance funds for the community.
Attachment: warranty scope and duration of residential quality guarantee (generally 2-5 years). When the commercial house is delivered for use, the real estate development enterprise shall provide the buyer with the "Residential Quality Guarantee" and "Residential Instruction Manual". Real estate development enterprises shall bear the warranty responsibility of commercial housing in accordance with the agreement of residential quality guarantee.
The basis is Article 31 of the Regulations on the Management of Urban Real Estate Development and Operation. The content of the residential quality guarantee shall specify the quality grade, warranty scope, warranty period and warranty unit approved by the engineering quality supervision department.
In addition, according to Article 7 of the Measures for Quality Warranty of Housing Construction Projects, under normal use, the minimum warranty period of housing construction projects is:
(a) the basic project and the main structure project are the reasonable service life of the project specified in the design documents.
(2) 5 years for roofing waterproof works, toilets, rooms and external walls with waterproof requirements.
(3) The heating and cooling system consists of two heating periods and cooling periods.
(four) the installation of electrical pipelines, water supply and drainage pipelines and equipment is 2 years.
(five) the renovation project is 2 years. The warranty period of other projects shall be agreed by the construction unit and the construction unit. The warranty period is calculated from the date of project completion acceptance.
If the buyer has the above problems within the time limit, the property will turn to the developer or the construction unit to solve them after receiving the residents' repair report. If the property has the obligation to maintain the house according to the agreement in the property service contract, the property will entrust the construction team to carry out maintenance.