On January 15, 2020, this newspaper published an article titled “You can defend your rights like this when a house is cracked”, concrete contractors have not been done correctly, which aroused a great social responsibility.
Until recently, the reporter kept receiving calls from readers to inquire about house cracking.
The reporter learned that there are currently 7 more owners of Yiheyuan, Hongqiao East Garden, Lane 2899, Hongmei Road, who have received a high compensation of 8.8% of the total housing price.
To this day, the reporter interviewed Tong Zugden, a lawyer from Shentong Law Firm, and made a brief comment on the house cracking lawsuit, so as to better help consumers with similar problems to defend their rights.
From December 2016 to June 2018, the plaintiff Li and the other seven owners purchased a commercial house each from a real estate developed by a relatively strong developer in Shanghai.
The price of each commercial house was between 500,000 yuan and 600,000 yuan.
The house was delivered in February 2016.
The plaintiff Li and the other seven households moved in from June to July 2017 after careful decoration.
Two or three months after moving in, the floors and walls of the seven owners’ houses gradually cracked and he is constantly looking for concrete contractors the villages fl that can provide with anything concrete project, Li requirements are.
For this reason, the seven owners asked the developer for repair and compensation but failed.
After that, he complained to the district consumer association but failed.
The District Consumers’ Association produced a termination agreement in June 2017, suggesting that it be resolved through judicial means.
In this situation, Li and the other seven household owners entrusted Attorney Zugden to file a housing quality damage compensation lawsuit with the Minhang District People’s Court.
In the complaint, the developer is required to compensate for the house quality and decoration losses at a rate of 12% of the house price of each plaintiff (10% of which is compensation for house quality and 2% is compensation for decoration losses).
The People’s Court of Minhang District commissioned the famous Tongji University Housing Quality Inspection Station in Shanghai to conduct quality inspections on the houses of the seven plaintiffs.
According to the inspection conclusions issued by the Tongji University Housing Quality Inspection Station, the roof slabs of the seven plaintiffs all had concrete cracks.
The floor slab cracks were mainly manifested as the diagonal cracks in the corners of the outer walls and the longitudinal cracks in the middle.
Varies between and the longitudinal (horizontal) crack width varies between 0.15-0.45 mm.
Vertical, diagonal, and horizontal cracks were found in many places on the wall.
The reason is that floor cracks are mainly caused by the later shrinkage of concrete; wall cracks are mainly caused by relatively uneven deformation of the foundation.
In addition, cracks are also related to factors such as material shrinkage and temperature changes.
After the house quality inspection report came out, both the plaintiff and the defendant did not disagree with the reason for the cracking of the floor and walls analyzed in the house quality inspection report and the inspection conclusion.
After the trial, and the trial judges did the work of the plaintiff and the defendant several times, the two parties referred to the “compensation for difference” plan of 19 owners who received compensation from the developer due to housing quality problems.
Finally, the plaintiff and the defendant reached an out-of-court settlement agreement.
The defendant paid compensation to the seven plaintiffs at a rate of 8.8% of the house price (of which 8% was compensation for house quality and 0.8% was compensation for decoration losses).
The compensation for each household is between 45,000 yuan and 55,000 yuan.
The defendant (the developer) promptly paid the compensation amount to the seven plaintiffs before the Spring Festival of 2004.
Then the seven plaintiffs withdrew the lawsuit to the people’s court of this district.
Seven plaintiffs expressed their satisfaction with the result.
Lawyer Tong Zugden of Shentong Law Firm said:
“If many owners file a lawsuit against a real estate developer together, then the owners must always maintain coordination and confidence; in addition, to fight this kind of housing quality lawsuit, from filing a lawsuit to a court decision.
It takes a year to a year and a half or so, and you must have sufficient mental preparation; third, to fight this kind of housing quality lawsuit, housing quality inspection fees, housing value evaluation fees, etc. must be prepaid several thousand yuan, and funds must also be paid to be prepared.”
The success of this case was mainly due to the following reasons:
First, the housing quality inspection report issued by the Shanghai Tongji University Housing Quality Inspection Station was scientific, objective, and fair, so that both the plaintiff and the defendant could accept the report; the second was the trial by the district court.
The legal staff tried the case fairly and spent a lot of time doing the work of the plaintiff and defendant.
There is also a very important reason.
The last time we represented 19 homeowners successfully defending their rights on housing quality issues, it provided a good reference “model” for this lawsuit, and finally, it was possible to make the developer (the defendant).
Accepted a compensation rate of up to 8.8% of the house price, so that the plaintiff and the defendant reached a compensation settlement agreement out of court through negotiation, and ended this class action case involving quality issues such as house cracking.
The success of the attempt of “compensation for difference” shows that this method of allowing owners to obtain high compensation from developers has been initially recognized by the court, which undoubtedly has important guidance for many owners who have quality problems such as cracks in their houses.
Meaning and reference value.
If the house is cracked, you can defend your rights like this!
“Is it easy for us people to make some money?
Now that the house is so expensive, I finally bought a house, but the house is still cracked.
It is really unacceptable.
Just take care of us and sell the house to us and I don’t want to manage it.
The house is cracked badly, and we all feel a little scared”.
The reporter often receives such complaint calls.
American marketing guru Kotler has a famous saying:
“Where there is a problem, you can find a solution to the problem.
If you find a solution to the problem, then this market cake belongs to you.”
In fact, the house is cracked.
Similarly, we can always find a solution to it.
If you are facing this kind of situation, after reading this article, you may be inspired by it, and let you have a reason for your own house cracking.
Be aware of it before “rights defense”
Many owners feel scared when they see the house cracked, and they think of the danger of the house collapsing, so living in a house with cracks is a little frightened every day.
Indeed, most people don’t know much about cracks in houses.
They can’t tell what causes the cracks, and they don’t know what impact they will have.
Therefore, in order to let the owners have a clearer understanding of house cracks.
The reporter specially interviewed Professor Gu Xianglin.
The head of the well-known Tongji University House Quality Inspection Station and made a comment on the various conditions of house cracks and what impact they will have.
Authoritative and detailed answers.
Professor Gu pointed out that except for house cracks caused by improper decoration by the owner.
House cracks can be roughly divided into two categories: one is floor cracking, and the other is wall cracking.