What should developers do if they deliver houses illegally
In recent years, the real estate market has developed rapidly, but the problem of developers illegally handing over houses is also common. Home buyers are often at a loss when facing such problems. This article will combine popular topics and hot topics across the network for the past 10 days to structure the performance, legal basis and response measures of developers’ illegal delivery of houses, and help home buyers protect their own rights and interests.
1. Common manifestations of developers’ illegal delivery of houses
According to recent hot events and feedback from netizens, developers’ illegal delivery of houses is mainly reflected in the following aspects:
Violation Type | Specific performance | Typical cases |
---|---|---|
No acceptance documents were obtained | Delivery the house without passing the fire protection, planning, etc. | A property was ordered to rectify due to failure of fire protection acceptance |
Failed to meet the standards | Quality problems such as cracks and water leakage in the wall | Netizens revealed that the floor of a finely decorated house is moldy |
Missing supporting facilities | The promised schools, supermarkets, etc. have not been fulfilled | The owner of a community has not built a supporting school to protect his rights |
Area shrinkage | The actual area does not match the contract | The controversy over the common area of a certain property has been on the hot search |
2. Legal basis and rights protection methods
In the face of developers’ illegal delivery of houses, home buyers can protect their rights and interests in accordance with the following laws and regulations:
Legal basis | Related Regulations | Applicable scenarios |
---|---|---|
Civil Code | Article 577: Liability clause for breach of contract | The developer failed to deliver the house as agreed in the contract |
"Regulations on the Development, Operation and Management of Urban Real Estate" | Article 17: Completion acceptance regulations | The developer has not obtained the acceptance documents and delivered the house |
Consumer Rights Protection Law | Article 55: Fraud Compensation Terms | Developers falsely advertise or conceal facts |
3. Home buyers’ response measures
1.Collect evidence: Keep original documents such as home purchase contract, publicity materials, delivery notices, etc., and take photos and videos of house quality issues.
2.Written negotiation: Send a written letter to the developer, requiring them to make rectifications or compensation within a time limit, and retain evidence of delivery.
3.Administrative Complaints: Complaint with the local housing and construction department and market supervision department, and require administrative agencies to intervene in the investigation.
4.Judicial Pathway: If necessary, you can file a lawsuit with the court, demanding the termination of the contract, compensation for losses or payment of liquidated damages.
5.Collective rights protection: Join forces with other owners to protect their rights and improve the effectiveness of negotiations and litigation.
4. Recent hot case analysis
In the past 10 days, a well-known developer was put on the hot search for illegal delivery of houses. According to the owner, the developer forced the delivery of the house without obtaining the completion acceptance filing form, and there were serious quality problems. The owners protect their rights through collective complaints, media exposure, etc., and ultimately forced the developer to agree to rectification and compensation. This case shows that home buyers can achieve results in active protection of their rights.
V. Preventive suggestions
1.Choose a house with caution: Priority is given to developers with good reputation and check whether the five certificates are complete.
2.Refine the contract: The house delivery standards, breach of contract and other terms are clarified in the purchase contract.
3.Timely house inspection: Hire a professional house inspector when collecting the house and ask the problem immediately.
4.Pay attention to policies: Understand the latest local real estate policies and grasp the time limit for rights protection.
The developer’s illegal delivery of houses seriously damages the rights and interests of home buyers, but through legal weapons and correct means, home buyers can fully protect their legitimate rights and interests. Hope the structured analysis and suggestions in this article can provide you with substantial help.
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