According to China's laws and regulations, the quality of housing can be divided into three kinds, and the solution is explained after the problem:

(1) The quality of the main structure of the house is unqualified. The main structure refers to the plane or space component of the main components of the house that are interconnected and function, and must have the strength, toughness and stability that meet the technical requirements to ensure that it can withstand various loads of the building itself. Such as foundation, load-bearing wall, these parts of the structural burst, tilt, collapse and other problems, should be regarded as the main structure problems.

Solution: The buyer can request rescission of the contract and compensation for losses.

(2) Quality problems that seriously affect normal residential use. This refers to the situation where the quality of the house seriously affects the buyer's enjoyment of the normal function and use of the house. If the water supply and power supply are not normal, the sound insulation effect is not up to standard and so on.

Solution: The law allows buyers to rescind their contracts and claim damages. However, the buyer may also require the seller to carry out repairs, and the seller shall bear the responsibility for the delay in delivery or compensation for other losses caused by the repairs.

(3) Other general quality problems. Such as house seepage, the ground empty drum, wall peeling and so on.

Solution: You can only ask the seller to repair and pay for the damage, you can't ask for a check-out.

For the above three different quality problems, the law stipulates different ways to deal with, respectively giving buyers and developers different rights and obligations.

Legal basis

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes

When there is a quality problem in the house, the owner can protect his rights and interests in the following ways:

First, negotiate with the developer

First of all, take the approach of settlement negotiation, prepare sufficient evidence and necessary supporting materials, directly negotiate with the developer, clarify the facts, and put forward their reasonable requirements. If the house is under warranty, the owner can request the developer to carry out repairs; If the developer does not cooperate with the rectification, it can Sue the court to protect its rights and interests.

Second, find a third party maintenance

If negotiations with the developer are unsuccessful, the owner can find a third party to repair. The cost of maintenance is ultimately borne by the developer, but the owner should pay attention to retain the evidence of the quality of the house, carry out the necessary reminders, and retain the regular invoice of maintenance, in order to recover the relevant costs from the developer afterwards.

3. Complain to consumer associations

If the developer delays or ignores the owner's complaint, the buyer can complain to the consumer association at this time and request the Consumer association to mediate. If mediation fails, the parties may also bring a suit in a people's court.

4. Cancellation and check-out

When the quality of the house seriously threatens the overall safety of the house, the buyer can directly ask the developer to check out, and the compensation issue can also be sued to the court.

The above are several ways to protect the rights when the quality of the house is problematic, and the owners can choose the way to protect their legitimate rights and interests according to their actual situation.