In the impression of many people, compared with developers, home buyers belong to the weak side, and once they encounter a problem, it is not easy to make a claim. Mr. Qin, who lives in Shizhu Tujia Autonomous County in Chongqing, encountered such a bad thing, he worked hard to save money to buy a house, and when he arrived, he found that there were special circumstances affecting the residence, so he filed a lawsuit and finally successfully claimed the developer.
In February 2016, Mr. Qin bought a house in the county seat. Waiting left and right, finally waiting for the day of handing over the house. However, Mr. Qin soon noticed that there were two air outlets in the underground garage on the balcony.
Obviously, this is not the house that Mr. Qin wants, not only looks ugly, the gas, noise and other pollution discharged from the garage air outlet also affects the living environment and quality of life, Mr. Qin refused to go through the formalities of handing over the house with the developer.
"The developer should have made it clear at the time of sale." However, the developer has not mentioned anything about this from beginning to end, which is really contrary to the principle of good faith and relevant laws and regulations.
Mr. Qin decided to go to court and ask the developer to compensate for the loss. After trial, the Shizhu Tujia Autonomous County People's Court held that the developer had infringed Qin's right to know, and the garage outlet was adjacent to the house involved in the case, which had a certain impact on the overall appearance of the house involved in the case.
The gas, noise and other pollution eliminated from the garage outlet will also have a certain impact on Qin's living environment and quality of life, and the developer was ordered to compensate Qin for a loss of 30,000 yuan.
After the first-instance judgment was pronounced, the developer appealed.
After trial, the Chongqing No. 4 Intermediate People's Court held that the air outlet of the underground garage was adjacent to the balcony of a house in Qin, which affected the purpose of the house's livable use, and the house sold by the developer had defects in quality, and should bear corresponding liability accordingly, so the judgment rejected the appeal and upheld the original judgment.
The case is >>
Commercial housing must comply with contractual provisions and legal provisions
In the sale and purchase of commercial housing, the primary contractual obligation of the developer to the buyer is that the commercial housing he sells must comply with the contract and the provisions of the law.
Although most contracts for the sale and purchase of commercial housing do not make very specific and clear provisions on the quality standards of commercial housing.
However, according to Article 16 of the Regulations on the Administration of Urban Real Estate Development and Operation and Articles 61 and 62 of the Contract Law, even if the contract does not expressly stipulate the quality of commercial housing, the quality standards stipulated by the state are part of the natural part of the contract for the purchase and sale of commercial housing, and if the developer sells a house that does not meet the provisions of laws and regulations or relevant standards, it should still bear the responsibility for quality defect guarantee.
At the same time, in accordance with the current environmental protection laws and relevant building design codes, developers have the obligation and ability to take measures to ensure that the environmental quality of the house meets the standards and achieve the purpose of safe and livable use of the house.
According to the common sense of life, the garage air outlet is mainly used to discharge the gas in the basement, the use of the process will produce noise, dust, exhaust gas and other polluting substances, the air outlet adjacent to the Qin house windows, balcony, its living environment and quality of life caused adverse effects are obvious, affecting the purpose of the house livable use, the developer sold the house has quality defects, should bear the corresponding responsibility accordingly.
The judge sent a >>
The parties remain obligated beyond the "contract"
The contract is an external expression of the autonomy of the parties' intentions, and if it does not violate the mandatory provisions on the validity of laws and administrative regulations, the expression of the free intentions of the parties shall be respected, and the contract shall be deemed valid and binding on both parties.
However, if the content is not clearly recorded in the written contract other than "black and white", the use of the goods shall be ensured to comply with the daily norms according to the principle of good faith, trading habits, and the purpose of the contract, and the two parties still have obligations other than the "contract".
The call for >> order
When you buy a house and hit the outlet of the garage, will you choose to continue to be patient, simple negotiation or take up legal weapons and reasonably defend your rights?
In life, a small detail may contain legal issues and are related to your legitimate rights and interests.
Did you find it interesting? If you feel that you have encountered a similar situation, you may wish to pick up your mobile phone and call the upstream news Chongqing Morning News hotline 966966, or call the reporter 17384075028, we will explore interesting legal issues together and support your rights protection.
Correspondent Wan Yongfu Upstream News Chongqing Morning News reporter Zhang Xu
![It's beautiful! Police and people join forces to rescue a "golden rooster" in the garage of the community[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)