Problems of fully decorated houses highlight legal

2022-07-22
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In recent years, with the vigorous promotion of fully decorated houses by the government and developers, the proportion of fully decorated houses in the new house market is also increasing. Fully decorated houses are free from the pain and dirt of decoration. You can live in the new house with your own suitcase. Fully decorated houses look more in line with the world trend. However, an unavoidable fact is that due to the lack of corresponding policies and regulations as a guarantee, there are many problems in the contract signing, project quality, after-sales service and other aspects of the fully decorated house, which also makes the citizens have an embarrassing state of love and hate for the fully decorated house

◆ evade responsibility with hardbound house repair

I bought a fully decorated house, but I was more upset than buying a blank house. Mr. Zhang, a citizen, spent more than 700000 yuan to buy a fully decorated house in Pudong New Area. However, he found that the floor height of the house had shrunk, less than the 2.9 meters promised by the developer at the time of the transaction. At the same time, he found that the plugs in the house were not splash proof plugs, and the air conditioning disinfection cabinet and the range hood were not the same model or grade products as the model house. Wallpaper, plugs, glass doors and other objects either violate the contract or the agreement of advertising materials, or violate national regulations or regulations issued by relevant departments. Facing this sick house, Mr. Zhang sued the developer to the court

after hearing, the court held that from the perspective of the contract between the plaintiff and the defendant, the type of socket in the kitchen was not clearly stipulated in the contract, and from the perspective of relevant regulations, there was no mandatory provision for the installation of splash proof socket in the kitchen. As for whether it is necessary to replace the air conditioners, disinfection cabinets, range hoods, etc. of the same model or grade as the model house, after court investigation, it has been clearly agreed in the commercial housing pre-sale contract signed by both parties that after the signing of this contract, if the statements, sales books and other promotional materials and models made by the developer before signing this contract are inconsistent with this contract, the contract shall prevail, and in this contract, only air conditioners, disinfection cabinets The brand of the range hood has been agreed, but the model has not been clearly agreed. Therefore, the court did not support Mr. Zhang's application for replacing sockets, air conditioners and other items

Jiang Dan, deputy director of the regulation department of Shanghai housing security and Housing Administration Bureau, told reporters that the current laws and regulations have not made a complete and scientific legal definition of fully decorated houses, and there is no unified standard. According to the formulation of the decoration assessment of commercial residential buildings of the Ministry of construction, the so-called fully decorated house refers to all the fixed surfaces of the house are paved or painted before delivery, and all the basic equipment of the kitchen and bathroom are installed

this formulation is very general. In the real estate market, no developer uses such a concept. In advertisements, people often see ‘ Hardbound repair room ’ The formulation of. Jiang Dan said that some developers secretly changed the concept of fully decorated houses because there was no standard for hardbound houses. The so-called hardbound house repair by the developer is actually just blank house plus ordinary decoration. Developers use fine decoration as a selling point and avoid their own responsibilities. Now many developers are not willing to make clear and specific provisions on the brand, model, grade, etc. of decoration materials, but only use some uncertain fuzzy expressions such as high-grade and imported materials. Some developers do not perform the contract, change the decoration standards without authorization, and use inferior materials or materials of different brands from those agreed in the contract, which also gives buyers a headache. For example, although the bathroom and air conditioning brands are well-known brands, the models used belong to the middle and low-grade products of the brand, and the quality of building materials for concealed works cannot be mentioned

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