In daily life, many village owner can use the means dimension that plays a banner to counterpoise, but a lot of people do not know, illicit play a banner this kind of behavior may break the law! Below this owner because of illicit pull a banner to be counterpoised in order to encroach reputation by development business for sue court of people of Linyi city Luo Zhuang district.
In September 2017, some company signs owner Du Mou and Linyi commodity house opens to booking a contract, the Linyi that purchased this company development house of some village commodity. After buying a house, du Mou discovers problem of building existence quality, classics and development business bargaining did not get satisfactory answer, outside the building then the wall is in suspension contain " black heart develops business " the banner of model of written characters. Development business and Du Mou talk things over for many times remove a banner, dial even 110 call the police, but Du Mou insists not to remove a banner. For this, development business one paper indictment tells Du Mou the court, the requirement adjudicates Du Mou stops tort, make an apology, publish announcement to remove an effect on media, restore reputation, compensation develops business each pecuniary loss 300 thousand yuan.
Du Mou thinks, the serious quality problem that development business exists to the building is perfunctory shuffle, solve not actively, oneself hang the description that the banner is pair of objective facts in home horizontally pivoted hung, did not interfere anybody, development business sues his the court to do not have the sincerity that solves a problem more now. Pass mediation a few rounds, both sides sticks to his argument, fail to reach unanimous opinion.
The court thinks via cognizance, if discover existence quality problem,owner buys building hind, answer to be solved through lawful, normal channel. Du Mou is in in the wall outside the building with illicit pull " black heart develops business " the scroll means thought of model of written characters fors the time being, make the public that enters a village witting, the management that gives development trader really and reputation cause an effect, dimension authority means exceeds necessary limit, cognizance compose counterpoises into reputation tort, ought to assume tort responsibility. Du Mou advocates pensile scroll behavior is the description of pair of objective facts, confirm without sufficient evidence, but considering had mogged up to the Du Mou when lawsuit scroll, behavior incidence small, time weak point, clue is slight, and the commodity house that Du Mou buys has quality problem truly, development business to buying a house person appeal to beg answer not actively, put in the element such as due responsibility, terminal decision Du Mou makes an apology and compensation develops business 1000 yuan.
Judge view
Building occurrence problem, who should assume responsibility?
Guarantee in the building period inside occurrence quality problem, assume by development business directly protect long responsibility; to be in guarantee period outside produce quality problem, by rehabilitate of vendee proper motion. Guarantee deadline basis " regulation of construction project quality " or " the provision that commodity house implements residential guarantee of quality and system of residential operation instruction handbook " carry out, the person that expend with offset is advantageous for the principle applicable. If the building appears noise of quality problem severe double image lives normally use or the main body tractor dry mass of the building is belonged to truly via examining unqualified, vendee can ask to remove the contract asks to develop business to recoup a loss.
Building quality occurrence problem, owner should how does thought for the time being?
Live normally to problem of tractor dry mass of building principal part and serious effect used quality issue, development business and the quality relationship of the person that buy a house are passed " contract of commodity house purchase and sale " and " guarantee of quality of commodity room house " will restrain, the person that buy a house can negotiate processing with development business first, if talk things over,won't do to be able to be in charge of a branch to complain to construction administration already also but to people court to lodge a complaint. To problem of these two kinds of quality, the person that buy a house can entrust the unit that has aptitude of appraisal of legal structure safety to have identification to the building directly, appraisal conclusion can serve as civil prosecution witness.
To general quality problem, if be in,guarantee period inside, owner can ask to develop business to undertake rectifying and reform. If develop business to be rectified and reform not actively, owner can apply for administration to be in charge of branch or consumer society to wait for the mediation that serves as tripartite intervening controversy, basis and the arbitral agreement that develop trade agreement submit to to arbitrate committee arbitrates, also can sue to the court will safeguard oneself rights and interests.
