1, check the owner's information.
2. The owner receives the record form of completion acceptance, technical report of housing land surveying and mapping, residential quality guarantee and residential instruction manual, and the developer will explain it. The completion acceptance record form, residential quality guarantee and residential instruction manual must be original, not a copy.
3. The owner receives the key and signs it on the residential key receipt.
4, the owner to do a comprehensive acceptance.
5. The owner raises questions, improvement opinions or solutions to the problems existing in the acceptance.
6. The developer and the owner negotiate and reach a written agreement.
7. If the problems existing in the delivery of the house cannot be solved within 15 days as agreed, both parties shall reach a written agreement on the solution and time limit.
8. The owner signs the check-in handover form.
Second, housing matters needing attention
1. The process of house expropriation is often seriously unreasonable.
Developers always ask the owners to pay the house price (if the area increases), pay the public maintenance fund (65438+ 0% of the total house price) and deed tax (65438+ 0.5-3% of the total house price), and pay the property management fee and property agency fee for one year, then they can go through the check-in procedures and get the house keys and related materials before they can accept the house.
On the premise that the owner has paid all the house payment, the developer should unconditionally deliver the house that meets the contract to the owner, otherwise it should be regarded as a breach of contract by the developer. If the developer refuses to hand over the house, it shall bear the responsibility of overdue delivery.
No matter according to the law and most of the purchase contracts, the payment of public maintenance funds, deed tax and other fees can not be used as a prerequisite for developers to deliver houses.
Before delivery, the owner has the right to check and accept the house first. If there is any quality problem, the developer should fix it within a time limit, which leads to the owner's overdue occupancy, and the developer should bear the liability for breach of contract.
2. Closing the house should not be based on paying various fees that should not be paid.
On the premise of paying various fees that should not be paid (public maintenance fund, deed tax, property agency fee, etc.). ), the developer unilaterally set an obligation for the owner to accept the house. According to the law, the owner of deed tax and public maintenance fund must pay to the tax department and community office when handling the property right certificate. As for the property agency fee, the owner has the right to choose to handle the property right certificate by himself, and the developer has no right to charge the owner forcibly. Therefore, the developer has no right to charge the owner the deed tax, public maintenance fund, property agency fees and other fees beyond the legal provisions when moving in, otherwise the owner has the right to refuse to pay. If the developer refuses to deliver the house to the owner on this ground, the legal responsibilities such as delayed delivery shall be borne by the developer.
Other problems are: area error; Decoration standards do not meet the contract or the developer's commitment; The public facilities and facilities in the community are not perfect.
3. Refine the terms when signing the house.
Here, lawyers remind buyers that due to the complexity of real estate development, the delay in delivery of projects is extremely common. Therefore, when signing the purchase contract, the terms of occupancy time, liquidated damages and so on should be detailed and rigorous.
There is an error between the contracted area and the measured area of commercial housing, and it has always been the focus problem that buying is not as good as selling. Property buyers, especially auction houses, must take into account the possible errors between the contract area and the actual area, and take precautions with additional clauses when signing the contract. When signing the contract, the specific project of the joint venture should be clearly agreed. How to deal with the error between the area agreed in the contract and the registered area of property rights? (If it is agreed: if the treatment method is not stipulated in the contract, the buyer has the right to return the house when the absolute value of the area error ratio exceeds 3%. )
4. Documents that must be carefully checked when closing the house.
The lawyer told the reporter that in the normal delivery process, the owner should check the following documents:
First, real estate developers must obtain the Record Form for Construction Project Completion, which is mandatory by the state.
Second, we often say "two books"-"quality guarantee" and "instruction manual", which are required by the Ministry of Construction's "Measures for the Management of Commercial Housing Sales" and should be provided by developers when they hand over the house.
Thirdly, the developer has obtained the measured data of the area from the professional surveying and mapping unit recognized by the state to see if there is any discrepancy with the agreement in the purchase contract, so as to solve the problem as soon as possible.
Several problems to be clarified in the process of housing delivery, acceptance and expropriation
First, hand over the house.
It is also possible for the developer to fulfill the delivery obligation to the owner, and it is also possible for him to entrust the property to the owner, but in fact, the property should provide a power of attorney. Otherwise, the developer should fulfill the delivery obligation by himself. Moreover, the entrusted dispute itself has nothing to do with the owner.
The developer is the counterpart of the commercial housing sales contract.
Second, check the house.
1, the owner should still inspect the house within a reasonable time, that is, the house must be closed on the spot according to the time agreed by the developer. (Lawyer: If the house is not inspected according to the time of occupancy notice, the owner should be prepared to bear the liability for breach of contract).
Everyone should be cautious about all the documents to be signed before the house inspection.
3. The fees to be paid in the notice shall be decided by the owner according to his own situation. (Lawyer: The owner still reserves the right of recourse after paying the relevant fees. )
4. For the problems found after the house inspection, you should put forward rectification opinions to the developer or the person entrusted by it (in fact, only the person with the power of attorney is qualified), and get the written approval of the developer, that is, admit the existence of the above problems. Or indicate it on the list that needs to be filled in when closing the house, and ask for rectification.
5. Keep the form (or copy) signed by both parties when closing the house, and keep it properly as the data and basis for your rights protection in the future.
6. After looking at the house, you will find many problems.
(1) Building quality of the building itself
(2) Community public buildings and supporting facilities.
(3) The influence of the surrounding environment on the air and water in the community.
(4) Original documents and forms required by the Employer. Specifically, there should be at least
Third, close the house.
1, "three books, one certificate and one form" (residential quality guarantee, residential instruction manual, construction project quality certificate, real estate development and construction project completion comprehensive acceptance certificate, completion acceptance record form).
2. Area measurement report
3. As-built map of pipeline distribution
4. Only after there is no objection to the above and expenses can the house be closed.
What rights does the owner have when the house is delivered?
What should I pay attention to when I close the house? Is two books and one table a necessary condition?
Lawyer A: When you close the house, you should pay attention to:
1. Check the actual delivery of the house according to the delivery conditions agreed in this contract and the supplementary agreement.
2. Check the completion acceptance record and the measured area of the house.
You can get the key only after the house inspection procedure is completed and there is no problem.
4. Go through the property delivery formalities after receiving the key.
5. If problems are found in the process of house inspection, the developer's signature and seal shall be obtained in written form, and the evidence shall be properly kept. Don't get the key until the problem is solved.
Can the developer close the house without the completion acceptance record form? What losses will there be after the harvest?
Lawyer: Without the completion acceptance record form, the house does not have legal delivery conditions. If you insist on repossession, you will lose the premise of investigating the developer's liability for breach of contract due to overdue delivery, and the house will also bear some losses due to quality problems.
The developer wants us to pay the deed tax and the public maintenance fund first when we close the house. If we don't pay it, we won't close the house without the key. Is it illegal for developers to do so? How can we safeguard our own interests? Is there a law to follow?
Lawyer A: Deed tax and public maintenance fund are only paid when handling property rights, and should not be used as a prerequisite for developers to hand over houses. You have the right to refuse this illegal request and ask the developer to hand over the house. If the developer refuses to deliver the key, it is a delay, and the developer shall bear the liability for breach of contract for overdue delivery in accordance with the agreement in the sales contract.
Q: What measures should the owner take if the delivery time is delayed?
Lawyer A: You can ask the developer to bear the responsibility of delaying the delivery of the house according to the contract.
Is the delivery time consistent with the closing time? Is it based on the time notified by the developer or the time to get the key?
Lawyer A: The accurate definition of the delivery time should be the delivery time of the house. It is clearly stipulated in the sales contract that the time for the owner to collect the house is the actual delivery time of the house, that is, the time to get the house key. The two are generally inconsistent, and the actual delivery time is generally later than the agreed delivery time. As long as the developer issues the delivery notice before the delivery time agreed in the contract and has the delivery conditions agreed in the contract, it can be regarded as that the developer has fulfilled the housing delivery obligation.
Is there a conflict between our collective prosecution of developers and our repossession?
Lawyer A: Whether the repossession conflicts with the class action lawsuit against the developer depends on whether your claim conflicts with the repossession.
When the developer signed the house purchase contract with me, the final delivery deadline was May 3 1 day, and the developer informed me to deliver the house on May 3 1 day. However, when I closed the house, I found that there was a problem with the surveying and mapping area of the surveying and mapping department, so I negotiated with the developer. During this period, the developer asked me to check in first. In my opinion, there are serious problems in the surveying and mapping area provided by the developer, and I have not moved in. Later, the developer informed me of the retest results of July 1 and asked me to go through the refund and check-in procedures. But I think according to the purchase contract I signed with the developer, the developer has expired for 30 days. Can I claim compensation? That is, should developers be recognized as overdue delivery?
Lawyer A: There is no clear stipulation in the delivery conditions agreed in the commercial housing sales contract that the developer must show the measured area of the house to the purchaser. Although you found that there were obvious problems in the area during the on-site inspection and acceptance of the house, and raised objections to the developer and refused to accept the house, in fact, the developer also recognized your objections and re-surveyed, but it cannot be considered that the developer delivered the commercial house overdue.
Do I have to pay a property fee when I check in? Does the developer have the right to charge property fees before moving in?
Lawyer A: The property management company collects the property fee, so you don't have to pay it when you go through the formalities of handing over the house with the developer. You can only pay it when you go through the check-in formalities at the property management company after you check in the house, and the property fee cannot be collected more than one year in advance.
Do I have to pay a property fee when I check in? Does the developer have the right to charge property fees before moving in?
Lawyer A: The check-in procedure is handled together with the property management company, but in practice, the delivery procedure and the check-in procedure of the house are often confused as one concept or handled together. First of all, after the house is completed and ready for delivery, the developer will deliver the house to the owner, and then the owner will go through the check-in formalities at the property company and pay the property fee, but the owner's actual occupancy is not a prerequisite for paying the property fee.
Lawyer: The owner can move in directly.
Qin Bing, a member of the Real Estate Professional Committee of the Beijing Lawyers Association, believes that with the gradual improvement of the law, owners should strengthen their legal awareness, resolutely resist the unfavorable clauses in the contracts made by developers (and developers' partnership property companies), and dare to propose detailed contracts to safeguard their rights and interests. Otherwise, in the event of a dispute, the owner may have to suffer a "dumb loss."
Qin Bing stressed that if the developer does not give the key, the owner can open the door by himself, or tear it down and move in directly. The relationship between the owner and the developer is only to pay for the house, and the developer has no right to control the owner's choice of property. Qin Bing stressed that now owners should use their own actions to defend their rights. As long as there is no agreement in the contract, the owner will implement it. For example, owners can claim their rights through direct occupancy.
Chi suggested not to sign the house hastily. When the owner repossesses the building, it means repossession, so some agreements should not be signed. If the developer has this requirement, then give the owner the key first and then negotiate slowly after moving in.
Article 7 of the Regulations of the Ministry of Construction on the Implementation of the System of Commercial Housing Quality Guarantee and Residential Instruction Manual stipulates that real estate development enterprises shall go through the delivery and acceptance procedures when delivering commercial housing to users, and users shall sign for the normal operation of residential equipment and facilities. In practice, developers will generally notify the buyers in writing (that is, the occupancy notice) to handle the house handover procedures at the place designated by the developers, the documents they need to hold, the taxes they need to pay, etc. Property buyers, developers, property management personnel in the housing handover acceptance, should be in accordance with the contract and the requirements of laws and regulations, the main aspects of the housing item by item inspection and acceptance. For example, whether the water (municipal), electricity (municipal), gas, cable TV system, heating system and telephone equipment of the house are open or have the conditions for opening, and whether the decoration accessories of the house are consistent with the purchase contract. Property buyers should carefully check and accept the house in strict accordance with the contract and relevant laws, because once you sign the house handover acceptance form (or property delivery verification form), the developer has completed the obligation to deliver the house. Therefore, if the buyers find that they are inconsistent with the contract or laws and regulations in the house handover acceptance, they should indicate it in the house handover acceptance form, and specify the developer's maintenance, replacement time and liability for breach of contract. At this time, the buyers can suspend the acceptance of the house and wait for the developer to make another house after maintenance until it is qualified. In addition, if the developer delivers the house beyond the time limit, it should clearly stipulate the developer's liability for breach of contract and the payment method and time of liquidated damages.
Support: provide coping strategies for the owners.
For planning and design changes, the owner can not only negotiate with the seller in accordance with the contract, but also bring administrative reconsideration or administrative litigation to the planning department for planning changes;
At the time of check-in, it should be said that no supplementary agreement was signed as the legal basis and contractual basis for the premise of check-in. The owner can completely refuse to sign any agreement or related documents that he thinks unfair, and the developer or property management company cannot prevent the owner from moving in on this ground.
Regarding the price increase of property fees when handing over the house, the owner can refer to the following ways to solve it. Article 1 2 of the Measures for the Administration of Commercial Housing Sales, which came into effect on June 12006, stipulates: "When selling commercial housing, if a real estate development enterprise selects a property management enterprise, the buyer shall conclude a property management agreement with the property management enterprise selected by the real estate development enterprise when concluding a commercial housing sales contract." From a legal point of view, if the owner and the property management company can't reach an agreement on the terms of the contract, the property management contract can't be signed, and the responsibility should be mainly on the developer side; As for the problem of putting the cart before the horse when handling the check-in, the owner should insist on handing over the house first before going through the formalities, and should submit the problems found during the house inspection, such as the quality of the house, the excessive indoor harmful gas, unfair pool sharing and so on. Give it to the developer in writing and let him sign for it, so as not to leave future troubles.
At the same time, Chen Wen suggested establishing a complaint or dispute identification mechanism. For complaints or disputes arising from the owner's occupancy, a complaint appraisal group can be formed by experts, and the government and the media will supervise the appraisal process. Finally, experts will show the quality appraisal results to developers and owners, analyze the reasons, and determine the responsible party of the dispute.
The causes of disputes mainly include the following aspects:
The environment and supporting facilities are not perfect;
There is no trace of "beautiful promise" in the advertisement;
Greening is not up to standard;
The pool area is vague;
Increase the floor area ratio for no reason;
Green space construction site;
Wall cracks, uneven floor;
Changing the position of the wall without authorization;
Cracks in insulation board, cutting corners in decoration;
The after-sales service system is not perfect;
The property fee is too high;
The four links are blocked, and the roof and water pipes are leaking;
The quality standard of the door is different from that of the model room;
The ownership of property rights is controversial;
It is difficult to refund the deposit for buying a house;
Lighting and ventilation conditions are not available;
The surrounding supporting traffic cannot be solved in time and so on.
Deed tax, the state requires owners to pay when obtaining real estate license, but some developers let buyers pay in advance.
Public maintenance funds and decoration series charges are the most controversial.
Some developers charge area mapping fees, which obviously violates the principle of "whoever entrusts pays".
Although some developers admit that there is something wrong with the house, they don't admit that they have breached the contract. Because of the breach of contract, you have to "bleed"
Six problems in the process of house acceptance
Buying a house is a major event in life. In order to own a house of their own, buyers often spend years or even a lifetime of savings. Every step of buying a house is well thought out. But for most property buyers, from the moment they get the notice of delivery, troubles also follow. What is the delivery procedure? What are the common delivery traps? What should I pay attention to when handing over the house? To this end, this magazine aims at some common problems in the process of housing acceptance and teaches you how to easily move into a new house.
Question 1: Failure to deliver the house on time.
According to the contract, the developer will send the delivery notice to the buyers by registered mail ten days before the delivery, telling them the specific delivery time and all the materials that need to be brought. The delivery period agreed by the developer is generally within 30 days after the notice of repossession is issued. If the buyer fails to go through the relevant formalities at the designated place within the agreed time, it is generally deemed that the developer has actually delivered the house to the buyer for use, and the buyer shall bear all the risk responsibilities and taxes for purchasing the house from the date of notification deadline.
Countermeasures: property buyers should write clearly the mailing address when buying a house, which must be easy to receive and can guarantee the place to sign for it in person. If the agreed repossession date happens to coincide with the business trip of the property buyers, you can call or consult your relatives and friends about the specific situation. If you can't arrive on time, you can entrust your relatives and friends in writing, or you can contact the developer in time to make another appointment and confirm in writing.
Problem 2: The developer's certificate is incomplete.
Before the house inspection, the developer should be required to show the quality certificate of the construction project, and ask for the house instruction manual, the house quality guarantee, the comprehensive acceptance certificate of the real estate development and construction project, the completion acceptance record form (hereinafter referred to as "three books, one certificate and one form"), and various related acceptance forms, such as the handover form of household house inspection and the acceptance opinion form (such as the building acceptance record form). Only when the documents are complete can you sign the check-in form.
At present, many real estate projects are incomplete, especially the Certificate of Construction Engineering Quality and the Certificate of Comprehensive Acceptance of Real Estate Development and Construction Project Completion. This is because the overall building of the building has not been completed and the relevant departments cannot accept it.
Countermeasures: In this case, buyers can choose not to accept the house. If it is really necessary to take over the house, the words "No XX document" shall be written in the household acceptance handover form, acceptance record form and other related documents, and copies of relevant documents shall be properly kept.
Question 3: Sign the documents before inspecting the house.
Paying in advance and signing documents is a reasonable and normal procedure, but most developers take the way of paying money to fill in the form first, signing documents and then inspecting the house, so that buyers are in a passive state.
Countermeasures: property buyers should write the house repossession in advance as an additional clause in the contract, and do not repossess the house without inspection. If there is no agreement in the original contract, the words "house not inspected" can be marked in the house expropriation document, and if there is any situation during the house inspection, it can also be discussed with the developer.
Question 4: Developers are resigned.
Some developers always say that the problems found by the owners during the house inspection, such as cracks and leaks in walls or floor tiles, and even structural problems of the house, are only minor problems, so people can repair them and try their best to prevent the owners from listing the problems in the acceptance documents.
Countermeasures: No matter how abusive the accompanying staff of the developer is, the owner should adhere to the principle, and as long as problems are found, no matter how big or small, they should be recorded in relevant documents or forms. If the building doesn't prepare the acceptance registration form at all, you should bring your own pen and paper and record the related problems one by one.
Question 5: The community facilities are not complete.
When the owner inspects the house, he should not only inspect the house, but also carefully check whether the overall planning of the community conforms to the contract, such as the garage, clubhouse and landscape garden built in the same period.
Countermeasures: When signing a house purchase contract, the developer's commitment should be written into the terms of the contract, and all publicity materials that can be used as annexes to the contract should be kept. The inspection of supporting facilities can be carried out according to the terms contained in the contract and the commitment of the developer at the time of sale. If problems are found after check-in, they can also be solved through consultation between the owners' Committee and the developer.
Question 6: Arbitrary charges under various pretexts
Although the Price Bureau has clear regulations on the related expenses of occupancy, individual developers still charge fees under various excuses when handing over the house.
Countermeasures: When repossessing the building, you should know the relevant charging regulations of the Price Bureau in advance, bring the payable fee table and compare it with the money required by the developer. It is best to bring a calculator, calculate every account, and point out unreasonable charges to developers in time. If necessary, you can complain to the price bureau and the housing authority.
In addition, after the house inspection, before signing the house acceptance form, we must sign the property management convention and make an agreement in advance to avoid disputes in the future. Find out what constitutes the paid property management fee, and how to verify the cleaning fee, security fee and greening fee.
In the process of house acceptance, buyers must make clear whether each clause conforms to the contract. Once the problem is found, it should be noted on the inspection list and fed back to the developer, asking the developer to make corresponding maintenance or compensation in time. If it is really impossible to close the house, it is necessary to explain in detail the reasons for not closing the house and ask the developer to sign and seal it.