Fujian housing consumer protection regulations (November 18, 2001 the Ninth People's Congress Standing Committee of Fujian 22 meeting) January 1, 2001 will go into effect for the protection of housing
one of the legitimate rights and interests of consumers, maintaining market order, and promoting the healthy development of real estate, according to the "PRC Consumer Protection Law" and other relevant laws and regulations, the actual situation of the province, these regulations are formulated. second in their administrative areas to housing developers and marketeers purchase housing consumers, as a result of existing buildings and buildings were replaced by housing property consumers, their legitimate rights and interests affected by national laws, regulations and the regulations to protect. housing developers, sales persons and residents, hereafter collectively referred to the operator. third between operators and consumers, the sale of housing, housing property transfer should be followed voluntarily, equality, fairness, honesty credit principles. four of the local people's governments construction, real estate administrative departments, industry and commerce and other relevant administrative departments should be in their respective area of competence, and safeguard the legitimate rights and interests of housing consumers. five levels of the Consumer Council, the mass media, other organizations and individuals have the right to damage the legitimate rights and interests of housing consumers conduct supervision. VI consumers in obtaining housing, the right to housing and its related properties aware of the true situation. operators to consumer sales (pre-sale) Housing, the Housing should inform consumers or express the following : (a) housing located location, design environment, structure, quality, nature and land use age; (b) auction for the sale or licensing of certification Xianfang, with the sale of written instructions ; (c) constitute a housing area, and housing-related costs and valuation content commitment; (4) Housing set for housing mortgages or other rights restricted circumstances ; (v) the delivery of housing renovation standards, facilities and property services. seven of the operators not to advertising sales, design notes, in kind, or otherwise on housing quality, after-sale services, environmental conditions for false, misleading and not fraudulent consumers. eight of the sale of housing, property and housing units operators should enter into a written contract. Housing and the Ministry of Construction and should be used to develop the State Administration of Industry and Commerce commercial housing sales contracts demonstration version, with housing construction plans. consumers can and transmission operators agreed to the construction of housing in the area or use the area as a teaching clearing transactions based on valuation. consumer demand in the contract clearly-storey housing, infrastructure and public facilities projects and other matters, the contract should be additional agreements. operators not to form contracts, notices, statements, notices or other forms of housing consumers for unfair and unreasonable, or for mitigation, from its bear civil liability. Article 9 should be in accordance with the operators laws, regulations and contractual provisions of the agreed performance of the contract shall be signed before a deposit in the contract shall be in charge of the contract; Operators are allowed to change the design and architectural design. should be allowed to change the date of 10 days written notice of consumers, and consumer consultation change or cancelling the contract. 10 of the operators should ensure that their use of housing delivery of consumer safety requirements and the agreed quality standards, and consumers of the following documents : (1) the quality of housing bond, the use of brochures; (b) housing area measuring documents (Annex) ; (3) Housing management authority in the registration documents ; (4) other housing-related documents. operators should guarantee that the quality of the warranty coverage, warranty period and warranty unit assume responsibility for housing warranty; Operators and consumers did not agree warranty period, the warranty period shall not be less than the statutory limit, since consumers use housing delivery date. Housing impact of the use of warranty, the losses to consumers, operators shall assume liability. 11 pre-sale housing contract, should be handled pre-sale contracts for registration; Housing delivery to consumers, real estate management authority should be handling registration. Housing rights or restricted by other factors, which could not be registered within one year of housing management authority recognized, inter Housing sales contracts, otherwise stipulated, the consumer may request the operator to return a house or discharged, and may require operators for damages. Article 12 advances consumers to purchase housing, or housing units with the operator of the property, the operator fails to provide housing in accordance with the agreed deadlines, consumers can ask the operator to fulfil the agreed deadline, agreed to pay a default payment; No breach of the agreement, Since the late date of the advance payment default of Japan statistics to consume gold, and consumers should be paid to other reasonable costs; Late delivery of a full year to use, consumers have a right to expect the operators returned advances and compensate losses incurred by consumers. Article 13 operators provide housing quality testing by the statutory agencies test measurements, or the main structure of the foundation based quality standards, consumer demands return a house or discharged, the operator must be return a house or wards, and assume consumers renovation, removal, testing and other costs. in warranty period, the emergence of housing leakage, such as the quality of error surfaces (except for the consumer, caused by improper use or decoration), or housing facilities do not meet the legal regulations, contract agreements, the consumer can ask the operator to repair, restructure, replacement or compensation for the loss of responsibility; operators not repair, or for repair, winning, replacement of two still not agreed or not, consumers have a right to expect the operators return a house or wards. Article 14 consumers think inadequate housing area, the total assessed area unreasonable, measurements can be entrusted housing agencies test measurements; An error not to allow the Housing area, the lack of more than 1,000, the operator should redouble its compensation and assume the cost of housing area measurements and the other losses suffered by consumers. 15, the operator of one of the following fraud, consumers have the right to request a people's court or arbitration bodies change or revoke the contract and may require operators to redouble their damages : (1) will not illegal construction of houses for sale to consumers ; (b) the same housing for sale to different consumers; (c) deliberately concealing housing rights restricted, induce consumers to purchase the ; (4) to entice consumers to sign a false purchase contract commitments; (5) Other consumer fraud acts. 16, consumers in the purchase, use housing, quality of housing because of damage to their legitimate rights and interests, may require operators compensation. Damage occurred due to construction or other causes of non-operators, the operators and the responsible unit or individual shall bear joint responsibility. Article 17 of the Housing consumer disputes with the operators of consumer rights, can consult reconciliation, consumers may adopt the following solution : (1) request the local Consumer Council mediation; (2) to the industrial and commercial administration and construction, and real estate administration appeals ; (c) According to the arbitration agreement reached with the operators to arbitration bodies arbitration; (4) to the people's court proceedings. 18, the people's governments at or above county-level administrative departments concerned consumer complaints received housing should be dealt with within the stipulated period. Not fall within the purview of the department should be seven days after receiving complaints from other departments. Administration and staff housing on the operator against violations of consumer rights are not dealt with according to law, the Consumer Council can be written for consumers question the administration. Administration of the Consumer Council should organize hearings question matters, decide on the handling. Article 19 operators any of the following cases, the relevant administrative departments will be punished according to law : (a) housing is incompatible with the operating requirements of quality and safety from the building, real estate administration punished ; (2) housing, after-sale services for the false information or false expressed by the industrial and commercial administration departments will be punished; (3) using fraud or other forms of violations of consumer rights by the industrial and commercial administration departments will be punished. 20 state functionaries have neglected their duties or shielding operators against the legitimate interests of consumers, it should be in the unit should be given administrative punishment or higher authorities; Shall be prosecuted for their criminal liabilities. 21 of the Ordinance will go into effect on 1 January 2001. |