First, pay attention to receiving the check-in notice in time.
1. This is the first step to repossess the house. Pay attention to the deadline Generally, the time limit agreed by developers is within 30 days after the notice is issued, and the buyers will arrange their own time.
2. After receiving the occupancy notice, we must first judge whether the developer delivers the house as scheduled. If the delivery is overdue, it is necessary to make suggestions, decide whether to look at the house according to the developer's reply, and look at the house according to the time agreed in the notice.
Special instructions:
1. Pay attention to the time limit for repossession, it will be very troublesome to miss the repossession date.
2. The date of repossession can be advanced, but not postponed. If the actual delivery date exceeds the date of repossession agreed in the contract, you can consider claiming compensation from the developer according to the contract.
3. In case of special circumstances, you can entrust relatives, friends and lawyers in writing, or you can contact the developer in time to make another appointment and confirm in writing.
4. If the property buyer fails to go through the relevant formalities at the designated place within the agreed time, from a legal point of view, it is generally considered that the developer has actually delivered the house to the property buyer for use, and the property buyer shall bear all the risk responsibilities and taxes of the house purchase from the date of notification deadline.
Second, determine whether the house meets the delivery conditions.
1. Completion Acceptance Record-the most important
The record form for the completion acceptance of housing construction and municipal infrastructure projects is the most important document in the process of housing expropriation at present. This form is formulated by the Ministry of Construction to standardize the record management of project completion acceptance. After joint inspection by design, supervision, construction unit and construction unit, it will be completed within 15 days and filed with the construction administrative department.
In the Record Form of Project Completion Acceptance, as long as it is sent to the competent department for the record, the employer must be responsible for the property for life. Therefore, the "Completion Acceptance Record Form" has a strict binding effect on real estate developers. According to the relevant regulations, each item on the form must be reported to the relevant competent department for the record. Without any item, the property is a "dark building" and cannot be occupied. Property buyers have the right to refuse to accept the house.
2. "Residential Quality Guarantee"
"Residential quality guarantee" is the developer's commitment to housing quality and warranty period and scope. It must be an annex to the purchase contract and have the same effect as the purchase contract. So remind me to check the specific paragraphs carefully and pay special attention to the warranty period.
3. "residential instruction manual"
Instructions for the Use of Residential Buildings is a description of specific technical indicators in the design, construction and acceptance of houses, such as seismic indicators and wall structure types, and matters needing attention.
4. Construction Engineering Quality Certificate
5 "Real estate development and construction project completion comprehensive acceptance certificate"
6. The measured area registration form
Special instructions:
1. Only when you have the above documents can you explain the specific delivery conditions of the house. Therefore, before closing the house, it is necessary to review the relevant documents and confirm that the house has the delivery conditions before further handover work such as house inspection, settlement of fees and turnkey can be carried out. So pay attention to these documents, especially remind you to look at the original, not the copy.
2. The construction project completion record form is the most important document. When closing the house, we should not only see whether the developer has this filing form, but also carefully check whether all the sub-items have been filed. This is the premise of recovery. Even if the developer does well, if it doesn't have this form, it means that it doesn't have the standard of handing over the house at all, and you have the right to refuse to take over the house.
3. For these documents, on the one hand, we should check whether they exist, on the other hand, we should also check their legality.
4. If the developer refuses to produce these documents, or the documents are incomplete, he can ask the developer to sign the Responsibility Confirmation Letter on the Seller's Refusal to Produce the Residential Quality Guarantee, Residential Instruction Manual and Construction Project Completion Acceptance Record Form according to Article 11 of the house purchase contract.
5. Remind you that you can take the residential quality guarantee, residential instruction manual and pipeline distribution completion map with you as evidence.
6. If the developer cannot provide the above-mentioned relevant documents, the purchaser has the right to refuse to accept the house, and the responsibility for overdue delivery shall be borne by the developer.
Third, look at the house
We must master a principle in the process of repossession: "priority repossession". That is, the property buyers must check the house in advance (including the necessary documents for house inspection and delivery), and then sign the house collection documents after confirmation.
"Advance receipt" not only conforms to commercial practice, but also has legal basis. The consideration of the house is the house price. As long as consumers pay the house price, or pay a corresponding proportion of the price according to the contract, they will fulfill their contractual obligations, and developers should pay the house. Before the house is delivered, the owner has the right to check and accept the house first:
1. Housing area detection:
Require the developer to issue a survey report on the measured area, and check whether there is an error between the measured area and the sales area according to the measured area of each house approved by the professional measurement unit under the Housing and Land Administration Bureau and the range of error rate; If the measured area error exceeds 3%, the house can be closed.
2. Check the housing quality:
Property buyers need to carefully check the quality of commercial housing during house acceptance, mainly from the following aspects:
(A) the quality of the house itself
(two) landscaping, residential facilities, supporting standards and other supporting facilities in line with the contract.
(3) Decoration quality
Special instructions:
1. We must master the principle of "first, then".
2. If the developer refuses to go through other delivery procedures before the delivery of the house, the buyer may ask the developer to sign the Confirmation Letter on the Seller's Refusal to Deliver the House for Inspection, and then stop the formalities.
3. Buyers should understand the pool area and related knowledge to prevent developers from occupying it.
4. If quality problems are found, the developer shall fix them within a time limit, and the buyer requires the developer to sign a written letter, which leads to the owner's overdue occupancy, and the developer shall bear the liability for breach of contract.
5. As long as the house payment is paid and the buyer has fully fulfilled the contractual obligations as agreed in the contract, the developer should hand over the house unconditionally, 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. Developers have no right to refuse to hand over the house for any reason such as "unpaid related fees".
6. Don't take the model house standard as the realistic standard, unless the developer specifies the relevant decoration standard in the contract according to the model house standard.
Fourth, the final result of new house acceptance.
1. If there is no problem with the house inspection, fill in the house inspection handover form and other relevant documents according to the actual acceptance. On this record sheet, the inspection conditions shall be recorded item by item. For those that cannot be confirmed, the words "temporarily unclear" and "unrecognizable" shall not be recorded or written. If problems are found, record them truthfully and ask the developer to deal with them within a time limit.
2. If you are not satisfied, you can put forward your opinions and fill them in the house inspection handover form as a written basis. If the developer fails to prepare the relevant forms, the buyer shall send them to the developer in another written form.
If problems are found, the buyer and the seller can solve them through negotiation. If it can be refurbished, the relevant rectification and maintenance documents shall be signed through negotiation, and the next acceptance time shall be agreed (generally not more than 30 days).
4. The problems found should be specified in the house inspection list. If it is really impossible to repossess the building, the reasons for not repossessing the building should be explained in detail, and the developer should be required to sign and seal it.
Special instructions:
1. Principles to be adhered to after house inspection: As long as problems are found, no matter how big or small, they should be recorded in relevant documents or forms, no matter what the house-collecting personnel accompanying the developer say; If the building doesn't prepare the acceptance registration form at all, you should bring your own pen and paper and record them one by one.
2. The behavior of the property company cannot represent the developer (unless there is a clear written authorization), so don't sign a document with the property company on the issue of housing quality.
3. If problems are found during house acceptance, the developer must confirm with seal and agree to the treatment plan.
4. If the developer refuses to stamp to confirm the problems existing in the house, it must obtain evidence to prove that it is not that the buyer failed to close the house on time, but that the house to be delivered by the developer does not meet the contract or legal conditions.
Matters needing attention
The following questions are often encountered by property buyers in the process of buying and collecting houses, especially such consultation questions. List the points for attention and remind consumers to pay attention so as to safeguard their own rights and interests.
I. Taxes and fees related to house purchase
(1) The following taxes shall be paid for the sale of commercial houses:
1, deed tax
2. Housing transaction fees
3. Stamp duty on sales contract
4. Public Maintenance Fund
5, housing ownership registration fee
6. Stamp duty on house ownership
7. Warrant fees
(B) the issue of taxes and fees
Special note: According to the law and most of the purchase contracts, the payment of public maintenance funds, deed tax and other fees cannot be used as a prerequisite for developers to deliver houses.
1. deed tax
Deed tax is the tax paid by the owner to the state when he obtains the title certificate.
Payment time: deed tax can only be paid at the time of transfer.
Special note: Except for the tax authorities, no unit has the right to levy.
Implementation: the owner does not need to pay deed tax to the developer when he moves in, but can go directly to the tax bureau to apply for the real estate license.
2. Public Maintenance Fund
This fund is different from the property management fee, and it is only used for the overhaul, renewal and transformation of the shared parts and facilities of the house after the warranty period expires.
Tax rate: 2% of the transaction price of the house.
Special note: No developer or property company has the right to collect or collect overhaul fund. This money should be given to the community office. If you give overhaul fund to the developer, you probably won't get it back.
3, area mapping fee
The principle of collecting area surveying and mapping fees is "whoever entrusts, pays", and the purchase contract has stipulated the obligation of developers to provide area surveying and mapping data to buyers, so the fees should be paid by developers.
4. Property fees
One-year property management fee, property management fee and water and electricity deposit.
Special note: it is not illegal for ordinary communities to pay property fees for less than one year.
Property management service charges should be clearly marked, and the charging items and standards and charging methods should be announced in the business premises or charging places.
5. Property agency fee
The owner has the right to choose to handle the title certificate by himself, and the developer has no right to forcibly charge the owner.
Second, the area problem.
The area problem is one of the most concerned contents for consumers. When buying a house, buyers, especially auction houses, must take into account the possible errors between the contracted area and the actual area, and take precautions with additional clauses when signing the contract.
(1) Problems:
1. There is an error between the contracted area and the measured area of commercial housing, which has always been the focus.
Consumers are often in a passive position because of area disputes. It is suggested that buyers should make detailed agreements on possible problems in the purchase contract to safeguard their own rights and interests.
2. Developers can sometimes use pool and area measurement to encroach on the legitimate interests of property buyers, which is not easy to be found.
Accurate measurement of housing area is the work of professionals, and it is impossible for ordinary property buyers to complete it. Secondly, the manual operation characteristics and normal error of area measurement are hard to avoid, and it is easy for some developers to make artificial deviations, occupying the area of one or two meters of buyers. Moreover, due to the lack of consumer knowledge and asymmetric information in the process of buying a house, it is easy for developers to steal the column and add the non-shared area to the shared pool.
(2) How to solve the area error?
Area error: According to the relevant regulations, if the measured interior area or building area (including pool area) of the house is inconsistent with the agreed area in the house sales contract due to the design change of the buyer and the seller, it shall be handled according to the contract. If there is no agreement in the contract or the agreement is unclear, it shall be handled according to the following principles: (1) If the absolute value of the area error ratio is within 3% (including 3%), the house payment shall be settled according to the price agreed in the contract; (2) If the absolute value of the area error ratio exceeds 3%, the purchaser may request to return the house. Within 30 days after the Buyer cancels the house purchase, the developer shall refund the paid house price and pay the interest on the paid house price. If the buyer agrees to continue to perform the contract, if the actual area of the house is larger than the area agreed in the contract, the house price with an area error ratio of less than 3% (including 3%) shall be made up by the buyer according to the agreed price, and the house price with an area error ratio of more than 3% shall be borne by the developer and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the developer shall return the house price and interest for the part with the area error within 3% (including 3%), and the developer shall double the house price for the part with the absolute area error exceeding 3%.
Special instructions:
1. If you want to measure the real area of the commercial house you bought, first, the buyer asks for the as-built drawing of the building and asks experts to calculate it according to the drawing.
2. When signing a contract, the terms should be stipulated in detail, and the treatment method should be agreed when there is an error between the actual area and the registered area of property rights. If the treatment method is not agreed in the contract, the purchaser has the right to return the house when the absolute value of the area error ratio exceeds 3%.
(3) About the apportioned area
Principle of allocation of public building area:
1. The public construction area of commercial housing is shared by buildings. The shared public building area is the public building area in this building, and the public building area that is not connected with this building shall not be shared into this building.
2. The public construction area serving the whole commercial house is shared by each commercial house in the building; The public building area serving the local area shall be shared by the beneficiary commercial houses. If the public building area is shared many times, the sharing coefficient shall be calculated separately. The shared public construction area of each commercial house is the sum of the shared public construction area.
3. After sharing the public construction area, the specific parts of the shared construction area of each set of commercial housing will not be divided, but no one may occupy or change the use function of the original design.
The shared public building area consists of the following two parts:
1. The construction area of public and management buildings that serve the whole building in terms of elevator shaft, stairwell, garbage chute, power distribution room, equipment room, public hall and aisle, basement and guard room on duty;
2. Half of the horizontal projection area of the partition wall between the suite (unit) and the public building space and the external wall (including gables). Basement, garage, etc. , has been sold or leased as an independent use of space, should not be included in the public construction area, as a civil air defense project basement is not included in the public construction area.
Public building space that should not be entered:
1, warehouses, motor vehicle garages, non-motor vehicle garages, driveways, heating boilers, etc. , respectively, as the basement of civil air defense projects and independent use space with separate functions.
2. Sell the self-occupied house of the unit.
3. The guard room and management (including property management) room serve multiple houses.
4. For the semi-basement, the structure of the lighting well is not considered, and it is not included in the construction area.
Special instructions:
1. When signing a contract, it is necessary to clearly stipulate the specific shared projects.
2. Before the pre-sale of commercial housing, the selling unit shall submit a measurement report on the pre-sale area of commercial housing to the pre-sale management department of commercial housing. If the design change of pre-sale commercial housing involves the area of pre-sale housing, the area calculation report shall be re-submitted.
When a sales unit sells (presales) a commercial house, it shall stipulate the sales area, shared public building area and public building parts of the commercial house in the sales (presales) contract (including supplementary agreement).
3. If other non-operating houses benefited by other buyers need to be shared, the name of the house and the shared total construction area shall be specified in the sales (pre-sale) contract.
Third, review sales advertisements.
There is a problem
"The greening rate of our community has reached ..., and our community is equipped with primary schools, kindergartens and clubs ..."
Property buyers are often confused by the beautiful rhetoric above, but when they really close their houses, they find that they are far from reality. In reality, false propaganda and changing community planning are also the usual tricks of some developers. In addition, the decoration standard does not meet the contract or the developer's commitment. One of the key points of repossession is to ask developers how to fulfill their promises.
(2) Solutions
1. Pay attention to the usual evidence collection.
For example, when buying a house, loushu and advertisements must be kept well. When you can afford to buy a house, take a photo of the sand table in the sales office. When you close the house, you should look at the environment according to the planning of the community. According to the relevant judicial interpretation, such advertisements can be used as an offer and presented as evidence in court, requiring developers to honor their promises.
2. Always defend your rights.
Once there are signs that the residential planning has been changed, buyers must negotiate with relevant departments and developers as soon as possible to avoid the formation of facts and the situation of "winning the case and not implementing it".
Four. Legal check-out conditions:
In the process of house acceptance, if the owners find that there are quality problems in the purchased commercial houses, can they all return the house? The legal conditions for checking out include:
1. The house purchase contract is invalid:
In practice, the common situations that lead to the invalidation of the purchase contract are: ① the developer has no right to dispose of the property; (2) The developer is fraudulent.
2. Checked out due to nesting error:
If the pre-sale house priced according to the suite (unit) is inconsistent with the design drawings, or the relevant dimensions are beyond the agreed error range, and the treatment method is not agreed in the contract, the purchaser may return the house.
3. Area error leads to check-out:
The absolute value of the error ratio between the actual delivery area and the original contract area exceeds 3% (excluding 3%).
4. Check-out due to planning and design changes:
The developer changes the housing structure and supporting environment agreed in the contract without the approval of the relevant departments; The developer changed the building structure without the buyer's consent.
5. Unqualified quality leads to check-out:
If the entrusted engineering quality inspection agency detects that the quality of the main structure of the house is unqualified according to the relevant regulations, the buyer has the right to return the house.
Special instructions:
1. Because the overall building of the house is not completed, it is impossible to accept it, so the buyer shall not accept the house without obtaining the "three books, one certificate and one form".
2. When the above legal check-out conditions occur, the purchaser chooses to check out when one of the above circumstances occurs, and the relevant liability for breach of contract shall be borne by the developer. If the developer does not agree to return the house, the purchaser may bring a lawsuit to the people's court with jurisdiction.
3. If the above conditions are not met, but the house does have quality problems, the purchaser has the right to ask the developer for maintenance, so the developer will compensate for the losses.
Verb (abbreviation of verb) especially suggests:
Consider collective foreclosure. In the process of buying a house, many professional problems are often involved, and it is sometimes difficult to solve the problems only by the personal strength of consumers. Here, I especially recommend you to consider collective foreclosure and solve all the problems you encounter with the help of experts!
Tools needed to close the house:
1) 1 plastic washbasin-used to receive sewer pipes.
2) 1 small hammer-used to check whether the walls and floors of the house are empty.
3) 1 feeler gauge-used to measure the crack width.
4) 1 5m tape measure-used to measure the clear height of the house.
5) 1 multimeter-used to test whether all high-voltage sockets and weak current types are unblocked.
6) 1 calculator-used to calculate data.
7) 1 pen-used for signature.
8) 1 broom-used for cleaning indoor sanitation.
9) 1 small stool, some newspapers, plastic tape, packing rope-after a long time, you can have a rest and seal the sewer pipe in advance.
Generally, the normal acceptance of the house lasts 2-3 hours. It is recommended to go at 8: 30 in the morning or 2: 30 in the afternoon.
Best housing collection process:
Check the owner's materials.
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 explains it.
Pay the remaining house price
The owner receives the key and signs the receipt of the house key.
The owner carries out comprehensive acceptance.
The owner raises questions, improvement suggestions or solutions to the problems existing in the acceptance.
The developer negotiates with the owner and reaches a written agreement.
If the problems existing in the delivery of the house cannot be solved as agreed within 15 days, both parties shall reach a written agreement on the solution and time limit.
The owner signs the check-in handover form.
The problems found should be noted on the checklist. If it is really impossible to repossess the building, the reasons for not repossessing the building should be explained in detail, and the developer should be required to sign and seal it.
Tip: The completion acceptance record form, residential quality guarantee and residential instruction manual provided by the developer to the owner when handing over the house must be original, not a copy.
Check the house, fill in the acceptance record and handle the handover of the house;
After the building inspection, the owner shall fill in the handover form of building inspection by households according to the actual acceptance, and copy the base number of water meter and electric meter in the prescribed form (generally attached to the handover form of building inspection); In accordance with the provisions of the government and the contract, through the acceptance; If you are not satisfied, you can put forward your opinions and fill them in the building acceptance record form as a written basis. If the developer has not prepared the relevant forms, the owner shall send them to the developer in another written form. According to the owner's opinion, both parties to the contract shall settle it through consultation. If it can be renovated, both parties shall negotiate and sign relevant rectification and maintenance documents, and agree on the next acceptance time (generally not more than days). Unable to rectify, should be given economic compensation; If the problem is serious and has a significant impact on the use function of the house, the developer may be investigated for responsibility according to law, or even return a house.