When I got the house, I found a sewage pipe in the study…

2022-06-01 0 By

The person sits in the room, water sound “day” come up so the toilet that the above of oneself room is other people’s home unexpectedly listening to the sound of running water that hua in the heart think more diaphragm should so this kind of circumstance can claim for compensation?In order to improve the living environment, to three generations of five families to provide a warm place, Sun mou to a real estate company to buy a building area of 118.24 square meters of pre-sale housing.When buying a house, the real estate company to buy a house described as “three rooms two hall.”The pre-sale contract of commercial housing signed by both parties has a clear agreement on the area, price and delivery time of the house. The house plan, building type and stratification plan layout as attachments to the contract do not indicate the functions and water supply and drainage pipes of other areas and parts of the house except the balcony.After the scene investigation, combined with the plan and water supply and drainage map, sun bought the house type, indoor space function and part of the distribution of drainage pipes as shown below: as can be seen from the figure, in the southwest of the study there are drainage riser and sewage pipe, the area above for the upper house toilet.How does Sun think there is sewage pipe in my study?How can one live in this!When you advertised it, you didn’t mention it when you signed the contract, but I didn’t find out until I got the house.This is a deliberate cover-up, I want to claim!The house that estate company thinks you buy is raw billet room originally, after decorating, can’t see conduit, both do not affect live, also do not take up an area, we did not breach of contract!Both sides negotiate fruit, Sun mou appeals to the court, ask estate company to compensate its loss.The court classics hear, judgment estate company compensates Sun mou 150 thousand yuan.Comment on the pre-sale contract of judge Chen Yi (Nanjing Xuanwu Court) and its annexes which constitute the contract.In this case, the pre-sale contract and the annex to the housing each “room” function and quality standards did not make an agreement.After reviewing the planning and construction drawings, the marking function of the north “room” is the study.The Code for Residential Design (GB 50096-2011) is the national standard for residential design, which stipulates the design requirements of basic functional space such as bedroom, living room (hall), kitchen and toilet, but does not require the design of auxiliary functional space such as study, and currently there is no industry standard to regulate this.According to Article 511 of the Civil Code, if the parties have no agreement or unclear agreement on the quality requirements of the subject matter, and no supplementary agreement can be reached, performance shall be performed in accordance with the national standard or industrial standard; if there is no national standard or industrial standard, performance shall be performed in accordance with the usual standard.Reason this case should accept the design quality standard that serves as a study with average person normally standard.As part of the living space, the study should meet the basic requirements such as safe, comfortable, health, beautiful, and the case involved the study section area of the building is located in the upper house toilet below, and have each a vertical drainage pipe, water pipe in inside the study, not only affect beautiful, and affect the normal use of living space, the userDo not accord with the person that buy a house commonly to living space normally requirement.Real estate company knowing that its delivery houses set inside the study has a drainage tube, can affect the person that buy a house usually required for residential space, can cause the bad influence of sustainability to the holder of the house, but it is not indicated in the commodity house opens to booking a contract in the area of the house and the function of the part and the water supply and drainage pipe set, also did not provide evidence to prove that its inform the buyer before delivery of housing,Undertake corresponding liability for breach of contract.Because both sides did not agree in the contract this liability for breach of contract, the real estate company in fact can not repair, redo, to sun mou request according to its damage degree to reduce and return the corresponding house funds should be supported.Combined with the upper toilet and the existence of the drainage, drainage pipe and location counterproposal involved using area of the building, the influence of the environment, the influence of noise and space utilization, and the influence of psychological comfort for residential users, refer to the price of the building, the region’s court has decided a real estate company to sun return commercial housing price 150000 yuan.For ordinary people, buying a house is a big deal. Whether they can buy their favorite house is an important factor that affects the happiness index of several generations of a family.Housing is a permanent use building, and its planning and design should be people-oriented to meet people’s multifunctional needs.(Image from online) Written by: Xuanwu District People’s Court in Nanjing, China