Detailed settlement process and precautions to avoid disputes


1. Check the owners' materials. 2. The Employer receives the “Completion Acceptance Record Form”, “House Land Survey Technical Report”, “Residential Quality Assurance Certificate” and “House Use Instruction” and is described by the developer, “Completion Acceptance Record Form” and “Residential Quality Assurance Certificate” And the "house use manual" must be original but not a copy. 3. The owner receives the key and signs the "Receipt of the House Key". 4, the owners do comprehensive acceptance. 5. The owner asks questions, suggestions for improvement or solutions for the problems in the acceptance. 6. The developer negotiated with the owner and reached a written agreement. 7. In accordance with the content of the agreement, the settlement of the problems in the handover of the housing cannot be resolved within 15 days. Both parties shall reach a written agreement on the solution and deadline. 8, the owner signed the "responsive transfer order."


Notice of housekeeping 1. There is a serious and unreasonable collection process in the house. Developers always require the owners to make up the first payment (if the area goes up), pay public maintenance funds (2% of the total amount of housing), and deed tax (1.5% of the total amount of housing), pay a one-year real estate management fee and property agent fee. Waiting for the expenses, before you can check in, receive the house keys and related information, and then you can check the house. If there is a problem with the house, hand over the property and repair it. Under the premise that the owner pays the full amount, the developer shall unconditionally deliver the house in accordance with the contract to the owner. Otherwise, the developer shall be regarded as a breach of contract by the developer. If the developer refuses to submit the house, he shall bear the responsibility for the overdue house delivery. Regardless of the stipulations of the law and most purchase contracts, the payment of fees for public maintenance funds, deed tax, etc. cannot be used as a prerequisite for developers to deliver houses. Before the delivery, the owner has the right to check the house first, and discover that there are quality problems. The developer should repair it within the time limit. As a result, the owner will be overstaying. The developer shall bear the liability for breach of contract.


2. The housing should not be paid on the premise of paying all the expenses that should not be paid. The premise of the housing collection is to pay the fees (public maintenance funds, deed tax, and property agency fee) that should not be paid, and the developer is the owner. The room set up obligations. According to the law, owners of deeds and public maintenance funds must pay the taxation department and the community office when they handle the property right certificate. As for the property ownership agency fee, the owner has the full right to choose to handle the property ownership certificate on their own, and the developer has no right to force the owner to collect the fee. . Therefore, developers do not have the right to charge the owners the deed tax, public maintenance funds, and property agency fees, etc., beyond the legal requirements when they check in. Otherwise, the owners have the right to refuse to pay, and the developer refuses to deliver the houses to the owners on the ground of this. The legal liability for postponed delivery of such delays should be borne by the developer. Other issues are: area error; renovation standards do not meet the contract or developers promise; community public facilities and shared facilities are not perfect


3, when the purchase contract signed a detailed clause here, lawyers remind buyers, due to the complexity of real estate development, project extension of the house is extremely common, so when signing the purchase contract, on this aspect of the terms such as check-in time, breach of contract punishment, etc. ,rigorous. There is an error between the contracted area of ​​the commercial housing and the measured area, and there is no sale of the refined product. This has always been the focus issue. When a home buyer buys a house, especially when he buys a 期房, it must take into consideration the problem that the contract area and the actual area may be inaccurate, and it can be prevented by additional terms when signing the contract. When signing a contract, the specific items of the pool should be clearly agreed upon. The treatment method when the contract stipulated area and the property registration area are in error. (If stipulated in the contract, if the area error is 3% higher than the absolute value, the purchaser has the right to check out.)


4. A lawyer who must carefully review the documents when picking up the house told the reporter that in the normal course of making the house, the owner should check the following documents: The first is that the real estate developer must have obtained the "Construction Project Completion Record Form", which is a mandatory requirement of the state. The second is the "two books" we often say --- "Quality Assurance Book" and "User's Manual". This is required by the Ministry of Construction's "Measures for the Sale of Commercial Housing", and developers should provide it when the house is handed over. The third is that the developer has obtained nationally recognized professional surveying units' actual measurement data on the area to see whether they are different from the agreement in the purchase contract so as to solve the problem as soon as possible.


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