Brief introduction of details of a case
In April 2014, zhong Mou with " preferential price " in some development trade department buys house of a commodity, accessory of the contract that buy a house " commodity house guarantee of quality " conventional roofing waterproof guarantees deadline is 5 years. But after making a room oneself, the building appears all the time ooze water phenomenon, came in June 2014 2015 9 yuan, because issue of roofing ooze water did not get appropriate all the time,be solved and to forensic to lodge a complaint.
Controversy focus: 1. Zhong Mou whether get compensation with building quality problem? 2. How is waterproof quality problem solved?
The judgment wants a place
1, building quality problem. Classics of building of carry out of development business place checks and accept qualification integratedly, relevant orgnaization signs the housing project of affix one's seal and complete of municipal infrastructure project are checked and accept put on record illness that has not attacked the vital organs of the human body is true, from this the building of pay of certifiable development business accords with contract agreement, the building existence of reason Zhong Mou with development business pay advocates compensation reason is inadequate for serious quality problem.
2, waterproof quality problem. What Zhong Mou buys the fact of issue of water of ooze of building face existence to exist objectively, issue of this ooze water belongs to contract accessory " commodity house guarantee of quality " of the agreement in guarantee period inside the quality problem that produce, development business ought to be fulfilled guarantee obligation bears repair cost.
Legal analysis:
1, problem of building existence quality, with development business (property) talk things over not below the circumstance of fruit, when be being maintained by oneself, should notice quality problem is reached related reservation damage evidence. With the building slack for exemple, the proposal is OK when evidence secures: (1) affirm through undertaking with tripartite of upstairs resident, property, can adopt recording or written solution (each just sign) means undertakes affirming to the fact. In the right did not hold according to legal process after appropriate is solved. (2) undertaking affirming to damaging a fact, ask relevant responsibility person is maintained not below the circumstance of fruit, obligee can be maintained by oneself, the proposal chooses standard construction unit and project to evaluate appraisal unit, obtain regular pay note, after the event can advocate to responsibility person with respect to relevant upkeep costs. (3) the proposal when sueing will be OK affirm responsible upstairs resident and property (or development business) as corespondent, lest be maintained in tort or property of break a contact,go up existence comes in and go out, cause the risk that responsibility person is omited and lawsuit of out of court requests.
2, the view builds room material or establishment of form a complete set is put in quality problem, if did not apply for appraisal, what the possibility arises not to grant to maintain is sequential. If did not put forward in first instance, and appraisal offers in 2 careful, still won't get supportive.
