When you sign a contract for buying a house, it’s not the end of the process. There are many factors to consider, and attention to detail is crucial. Here are some key steps to follow during the handover process:
**Item 1: Handle the handover according to the developer's schedule.**
If the property meets the delivery conditions outlined in your contract, the developer must notify you in writing about the handover procedures before the scheduled date. The notice should include the time, location, and required documents. It’s important to attend the handover on time. If you refuse to accept the house or fail to complete the process as scheduled, you may be liable for penalties. Also, from the date of written notice, any damage or loss to the property will be your responsibility.
**Item 2: Request the necessary supporting documents.**
The standard "Commodity Sale Contract" typically requires the developer to provide documents such as the construction project planning approval certificate, building completion acceptance certificate, and housing survey results. For residential properties, the developer should also provide the quality guarantee and user manual (the “two booksâ€). If the developer refuses to provide these documents, you have the right to reject the property and may claim compensation for the delay.
**Item 3: Promptly urge the developer to deliver the house.**
Under the law, if the developer delays the delivery, you must first request cancellation of the contract. If they still don’t deliver after three months, you can proceed with termination. When handling the handover, if the developer refuses to produce the required documents, send a written notice via registered mail, ensuring you keep a copy and proof of delivery. This helps protect your legal rights.
**Item 4: Do not accept the house easily.**
Some buyers accept the property even when the developer lacks proper documentation, often due to eagerness to move in. However, this is legally considered as delivery, and later claims may not be accepted by the court. Be cautious when signing transfer documents—make sure to note that you are only collecting keys and not accepting the property unless all requirements are met.
**Item 5: Carefully inspect the house for major quality issues.**
While having the planning and completion certificates usually indicates no major problems, recent changes in the acceptance process mean developers now self-approve. This could lead to substandard quality. During inspection, check for cracks, leaks, or structural issues. Minor problems can be addressed through repairs, but serious defects need immediate action.
**Item 6: Seek professional testing for serious quality issues.**
If you find significant quality problems, contact a certified provincial or municipal construction testing agency. If the main structure is found to be defective, or if the property has serious issues that affect its usability, you may have the right to cancel the contract and demand a refund, along with compensation for breach of contract.
By following these steps, you can protect your interests and ensure a smoother home-buying experience. Always stay informed and act promptly when issues arise.
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