A homeowner in Harbin, Heilongjiang, Mr. Li (a pseudonym) has been sitting idle because his house has not been renovated. Recently, when he went to see the house again, he found that the locks were changed and the door was posted with a notice of “renovation”. The house is being renovated by workers, who claim that it is their own house. This makes Mr. Li’s heart guilty of muttering, this is in the end who is Home?
Mr. Li of Harbin, Heilongjiang, was surprised to find his house under renovation. The house to see also asked by neighbors “who you ah?”
Owner Mr. Li: This is my house ah. Neighbor: This is my house! Mr. Li, the owner: this you renovated ah? Neighbor: Yes. Mr. Li: No, I bought this house more than a year ago.
No way, Mr. Li could only find the property. It turns out, because this community is the beginning of the planning and design of the first floor, but the last floor was used as a store, which led to a misalignment of the floor, Mr. Li’s house by the upstairs neighbors as their own house.
Such an ugly event makes Mr. Li laugh and cry, buy a house how will not know where their home? In the end, whose responsibility is it?
Lawyer analysis oolong reason: the developer changed the planning property did not do their basic obligations and responsibilities
On the 20th, the CCTV reporter contacted the director of Beijing Golden Law Firm Wang Yuchen, who has been engaged in real estate related disputes for many years, but such cases he has rarely met.
Wang Yuchen analyzed that there are two reasons for such an oolong incident: the first reason is that when the commercial house is delivered, the house number agreed in the contract and the actual house number may not be the same.
The second reason, which is less common, is that the developer has changed the planning. For example, the first floor is the elevated floor, but the developer has been stored in the room into a store sold, or a floor was previously residential later turned it into a store and other such changes in planning, resulting in some owners move in when the first floor became the second floor, may produce misleading and misunderstanding.
Wang Yuchen added: “The property actually did not do its basic obligations and duties. Basically now all neighborhoods, but all a little more formal, want to go to the renovation needs to go to the property first to do the renovation procedures, such as paying a security deposit, this Time the property company has a basic obligation to review, first of all to see whether you are the owner of the house or not.”
Lawyer: neighbors installed the wrong room need to pay attention to may involve unjust enrichment
After consultation, Mr. Li took the initiative to promise to settle the invoices for his neighbors in accordance with their renovation, a total of more than 60,000 yuan. Mr. Li said, “I am engaged in the decoration, we both discussed, he decorated I keep, give him how much money finished, the rest I took over.”
Mr. Li’s approach to many netizens called out really “good neighbors”. Wang Yuchen said that this result is the most perfect way to deal with, however, such “mainland good neighbors” but can not be found.
Although the renovator did not do a good job of paying attention to the obligations, but if your home was renovated, but also a moment of greed, pay attention to do not leave anything to chance, as the law will be sanctioned.
Wang Yuchen said: “It may involve a problem of unjust enrichment. Let’s say, if you put my house to install, I think you did a very poor job, I need you to tear down to restore the original state, this does not constitute unjust enrichment. But if I think you installed very good, I can sit back and do not need to install again, this time I do not give you a penny, which may involve unjust enrichment.”
Mr. Xu showed the reporter the property twice replaced the lock cylinder.
“Own new house was renovated by neighbors” this originally only in the fictional plot, but by the public Mr. Xu met. Due to the negligence of the staff of the property company, Mr. Xu took possession of the house, but the neighbors arranged for the renovation team to move in. Mr. Xu repeatedly found the property company to say, although the property side admitted their fault, but the two sides have not been able to agree on the amount of compensation. Mr. Xu then sued the property company and the developer to the court, claiming a total of more than 85,000 yuan for depreciation of the house and other economic losses. Yesterday morning, the Fangshan court heard the case.
Own new house was renovated by neighbors
In December 2016, when Mr. Xu went to take possession of the house, he found that the key he received from the property could not open the door of his room 205, so he reflected the matter to the property. A few days later, the property company informed Mr. Xu that the lock cylinder had been replaced for this purpose, and Mr. Xu then went through the closing procedures.
The company’s main business is to provide a wide range of services and services to the public.
The owner v. property
Mr. Xu after inquiry, learned that the renovator is a Ms. Cui hired, and Ms. Cui is the owner of room 203, Ms. Cui said the property told her that “205 is 203”, and replaced the lock cylinder for it. Mr. Xu then went with Ms. Cui to the property company to say. The property company admitted that it was indeed the mistake of its own staff that caused Ms. Cui to enter Mr. Xu’s new room by mistake and carry out renovations. The property company promised to give the two of them the appropriate compensation.
But afterwards, as Mr. Xu and the property company failed to reach an agreement on the compensation, so a paper petition to the property company and the developer to the Fangshan Court, claiming a total of more than 85,000 yuan of economic losses, including housing depreciation costs. Yesterday morning, the Fangshan Court heard the case in court. Mr. Xu and his wife attended the trial together, the property company and the developer also sent agents to appear in court to answer the lawsuit.
The property is willing to bear some compensation
The developer said that the company delivered the house in accordance with the purchase contract signed between the two sides, and the contract between the two sides has been completed, and Mr. Xu’s house was renovated by the neighbor due to the property company’s mistake, so the developer should not bear the responsibility of compensation.
The property company first admitted that it was indeed the mistake of its own staff that led to the “oolong decoration”. “Because of another building in the district, the wrong door number, 203 and 205 rooms were swapped, and the property staff who took Ms. Cui to the house thought that all the 203 and 205 buildings needed to be swapped, so this happened.”
“I accepted and signed the house, just by the property company without my knowledge casually change the lock cylinder, but also let others into the decoration, which is unacceptable to me.” Mr. Xu said that the property company has not been able to give a satisfactory answer, so the house has been on hold, he can only rent a room with his wife to live outside, for which he asked the property company to compensate the cost of renting a room from December 2016 to date.
The property company said that after consultation with Ms. Cui, Ms. Cui has withdrawn, and the property company has restored Mr. Xu’s new house to the original state of rough, and agreed to give Mr. Xu appropriate compensation for the mistakes of their own staff, but for the depreciation of the house and the cost of Mr. Xu’s rented room, the property is unwilling to bear. Yesterday the court did not pronounce a verdict in court.
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