The most annoying thing for buyers is that after they enter a new house, the new house has such problems.
After Ms. Guo’s stay in the new house, the water in her bathroom leaked to the neighbor’s home because the property service was not in place. Ms. Ye’s stay in the model house also encountered such a problem. The problem faced by the public Ms. Luo was The decoration company changed the paint in violation of the contract.
In the face of these problems, who should bear the responsibility? In this issue of "Spicy Q&A", I asked the lawyer advisory group member and the lawyer of Zhejiang Zhongjian Law Firm Chen Yujuan to interpret the reader.
The property did not close the water gate upstairs and leaked water in time.
Reader Ms. Guo: A week ago, the bathroom in my neighbor’s bathroom was leaking and leaking for a night, causing my bathroom to leak, and the wallpaper outside the bathroom was soaked. After learning the truth, I found that the upstairs neighbor had informed the property to shut down the sluice of her house the night before. However, due to the unfamiliarity of the property staff, the door of the water pipe was not opened (the sluice was inside the water pipe), resulting in the building. The upper neighbor could not close the sluice and could only watch the shower leaking. The neighbor said that the leaking of the shower last night was not serious. If the property came to the gate in time, the wallpaper of my house would not be leaked. Excuse me, is the property responsible for this situation?
â—†Lawyer reviews
If the property unit is poorly managed
Should take responsibility in the scope of fault
According to Article 2 of the “Property Management Regulationsâ€: “The term “property management†as used in these Regulations refers to the selection and employment of property management enterprises by the owners, and the owners and property service enterprises shall, in accordance with the property service contract, the houses and supporting facilities and equipment. The site carries out maintenance, maintenance, management, and maintenance of environmental sanitation and related order activities in the property management area. Therefore, the management scope of the property management unit includes the shared facilities and facilities of the community. If the property unit improperly manages the shared facilities and equipment and causes losses to the owner, it shall bear certain liability for the owner who has suffered the loss; but if the property company has fulfilled its obligations, it shall not be liable.
In this case, if the water pipe well belongs to the shared supporting facilities and equipment, the property unit should do its best to manage and maintain the water pipe well to ensure that the property unit can control the water pipe well or the water gate switch by itself. If the management of the property unit is not good and the water valve cannot be closed due to the management and maintenance of the water pipe well, resulting in the loss of the owner, the property unit shall be liable for compensation within the fault of mismanagement.
The decoration staff violated the contract and the five-in-one wall paint became easy to clean paint.
Reader Luo girl: Last year, I gave my home decoration package to a decoration company. After half a year, I found that the contract promised "Nippon bamboo charcoal anti-staining and smelling five-in-one wall paint" was exchanged for cheap "Nippon Wings" Li Chao easy to clean paint, the difference of about 50 yuan per barrel (5L). The decoration company explained that the staff misled the paint in the application of the materials. The company did have a mistake, but it did not deliberately cut corners. I want to ask, how much can I lose in this situation?
â—†Lawyer reviews
The behavior of the decoration company constitutes fraud and can be compensated three times according to the price of the commodity.
As a consumer, Ms. Luo may be in accordance with Article 55 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests: If the operator provides fraudulent acts of goods or services, it shall be in accordance with the consumption. The request of the person increases the compensation for the loss suffered, and the amount of compensation is three times the price of the goods purchased by the consumer or the cost of receiving the service; if the amount of compensation is less than five hundred yuan, it is five hundred yuan. Where the law provides otherwise, it shall be in accordance with its provisions. Therefore, Ms. Luo can ask the decoration company to constitute fraud in the performance of the contract and ask the decoration company to compensate for three times the price of the commodity.
I stayed in the model room and washed it for five times.
Reader Ms. Ye: I am doing business in the field. Last year I bought a model house for the developer. Because of the renovation, the price is slightly higher than the rough room in the same district. After staying in March this year, I found that the shower glass room in the master bedroom bathroom had water seepage. After washing for five times, the outside floor was soaked. Excuse me, what should I do in the face of this situation?
â—†Lawyer reviews
The developer is required to pay compensation within the warranty period.
China has promulgated the "Regulations on the Management of Urban Real Estate Development Enterprises" and the "Provisions on the Implementation of Residential Quality Assurance Books and Residential Instruction Manuals for Commercial Residential Buildings". These regulations stipulate that real estate development enterprises should provide the “Residential Quality Assurance†and “Residential Instruction Manual†to the purchaser when the commercial housing is delivered for use. In the "Residential Quality Assurance Book", the housing opening shall list the quality level, warranty scope, warranty period and warranty unit of the project quality supervision unit. The house opening shall be undertaken in accordance with the "Residential Quality Assurance" and assume the warranty responsibility. After the commercial housing is sold and entrusted to the property management and other units for maintenance, the entrusting unit shall be clearly indicated in the “Residential Quality Assurance Bookâ€. According to the law, the warranty period of the commercial housing is calculated from the date of delivery of the house to be completed and accepted. Under normal use, the warranty content and warranty period of each part and component are: roof waterproofing for 3 years; wall, kitchen, bathroom floor, basement, and pipeline leaking for 1 year.
Ms. Ye purchased the hardcover room, within 3 months after the check-in, there was a problem of water seepage in the shower room of the master bedroom bathroom. Although it was not the main structure of the house, it was not qualified, but from the contract point of view, Ms. Ye had the right to request the developer to repair it. The developer is required to compensate for the loss.
Decoration deposit and decoration management fee, the property company has no power to receive
Reader Mr. Jin: I am the owner of a residential area in Longwan. When my home was renovated last year, the property asked us to pay a decoration deposit of 3,000 yuan and a decoration management fee of 450 yuan. The decoration deposit is said to be refundable, but the renovation management fee was taken away by the property. I would like to ask if the property has the right to receive these two fees?
Lawyer review
See if there is a property contract
No right to charge according to the property
After the purchase of the house, the owner has the right to possess, use, profit, and dispose of the house, including the right to decorate. However, according to Article 53 of the Property Management Regulations, the owner needs to inform the property when decorating the house. The property management company requires the owner to pay the decoration deposit without contract or agreement. From the legal point of view, the property company has no right to do so. If the property company prevents the owner from decorating because the owner does not pay the deposit, it will infringe the legitimate rights and interests of the owner.
The community is the community of all owners. The property company is a company that provides property services for the community and all its owners. The service content, charging items and standards should have contract and legal basis. If the owner and the property company stipulate in the property management contract that the owner needs to pay the decoration management fee, the owner will need to pay the management fee according to the contract; if the property company is not based on the property contract, and does not effectively negotiate with the community owner committee or all the owners In the case, there is no right to determine the decoration management fee and the amount of the fee.
Haven't seen it yet? Xiaobian has prepared a wealth of information for you!
Pay attention to [GO Jiaju] official WeChat, view historical information:
★ 1, 31-year-old, his family of 230 billion, but driving a broken car, took an ugly wife, wear the same clothes every day! (Everyone is watching!)
☆ 2, 2015 Suzhou Furniture Exhibition, another seven years, shining again, beautiful beauty is to watch
☆ 3,2015 Suzhou Furniture Fair once again brilliant bloom for seven years to sell Meng is popular
▼▼▼Fan big feedback:Follow [Go Jiaju] public micro-signal, there is a surprise 噢^^
AC Motor Ball Style Ceiling Fan Light
Propeller Ceiling Fan,Low Profile Ceiling Fan With Light,Patio Fan,Kids Ceiling Fans
JIANGMEN ESCLIGHTING TECHNOLOGY LIMITED , https://www.esclightingfan.com