An Analysis On The Real Estate Contract Disputes Case Of He Sues A Real Estate Company In Hunan

According to the commodity house purchase and sales contract, it is known that ahouse could be deliverable if it passes the acceptance. The criteria of acceptance,however, as well as the relation between acceptance and requirements of deliverycause debate easily due to the different understandings. The case, which is concernedwith dispute of commodity house purchase and sales contract, involves Mr. He and areal-estate company against which he made a complaint. Both of them were focusingon the criteria of acceptance and requirements of delivery. In terms of criteria ofcommodity house’s acceptance, it is reported in China’s Regulation on the QualityManagement of Construction Projects that the house is checked and accepted by fivemain parts, namely the development, the supervisor, the investigation, the design andthe construction. These criteria aim at project quality only, the planning, fire-fightingand environmental protection are not included. Before checking and filing, there is thepossibility that the conclusion of acceptance is invalid and projection is supposed tostop using and reorganize another acceptance. Therefore, whether a commodity housepasses the acceptance of five main parts or not cannot be the final standard ofchecking the quality of building. Instead, acceptance conclusion and legal acceptanceprocedure should be well combined together. What’s more, acceptance should bebased on recognition for filing of completion of construction from the perspective ofgovernment’s housing quality management and its feature of easy accessibility.The requirement of commodity house’s delivery is the unification of itsgenerality and individuality. The qualified acceptance of commodity house onlyreflects its generality and legal condition within the construction program and unitproject. Heterogeneity should be taken into account when checking the house. It ispurchaser’s choice to decide whether the house meets their living standards andconforms to contract. Only if the requirements are met commodity house is allowed tobe delivered. Meanwhile, purchaser, who takes over the house, is not only entitled torights but also obligation. He doesn’t have the right to refuse to take over the house ifcommodity house meets the requirements of qualified acceptance, for example, thereal-estate company doesn’t do harm to purchaser’s interests in advance or delays thedeadline of delivery which causes purchaser to use the rescission right of contract. Itremains to be discussed that the real-estate company in Hunan is not qualified to take over the house because of Mr. He’s position. He is not entitled to the right to refuse totake over the house due to minor quality problems of his house.