Study On Owner Right Predicaments, Reasons And Countermeasures Caused By Residential Quality

This article based on the quality of owners defects rights litigation several cases,elaborates the commodity residential house appearing quality defects when the plightof the rights owner, analysis its causes, and puts forward corresponding improvementmeasures, and on this basis, puts the number of possible treatment methods andcountermeasures.A series of litigation cases found: when owner happens to buy building of qualitydefects, will often cannot obtain timely and proper maintenance, difficult to protecttheir rights, real estate developers tough, defect handling perfunctory shuffle, lack ofeffective arbitration and mediation mechanism, complaints fruitless, litigation forensicsfaces technical barriers caused by asymmetric information of appraisal and evaluationmechanism of the flaw identification and evaluation results can only be accepted,litigation procedural technical difficulty is too large, professional lawyer is difficult todeal with complex issues, lawyer agency costs higher multiple difficulties, Demandstotal to win court support, therefore, the court is difficult to deal with this kind ofprofessionalism and numerous rights litigation, litigation discretionary range is so large,strong result uncertainty of litigation, rights results mostly not worth, and even leads tofurther loss. In the process of litigation, the plaintiff generally lacks professionalbackground, knowledge and experience, of weak, the lack of resources, lack ofeffective and low-cost legal advice and services. Once property buyer interests areviolated, rights of common encounter to difficulties.In the light of the case, we formulated effective defect repair scheme, according tothe national norms and standards、expert conclusion’s scientific evaluation of the lossof housing defects, proving the importance of the inconsistent with the facts of identification and evaluation of results of identification and assessment agencies andthe decreasing of unidirectional developers compensation amount, revealing thecommon problems of Identification and behavior evaluation mechanism，providing thebasis for the motivation of questioned the identification and evaluation of results. Onthis basis, putting forward the mechanism of improving and perfecting the residentialquality complaints of arbitration and mediation、perfecting the existing appraisal andevaluation system、establishing the construction quality "life insurance"、referring tocase law of Anglo-American law system, establishing the improvement measures ofhuman rights case database, etc. and Suggesting to strengthen and perfect theresidential quality complaints、improve the residential quality complaints、adjust thearbitration body and the view of design.