标签： 苏州夜网

After the buyer moved into the house he bought, he found that there was a problem with the quality of the house, and asked the real estate developer to repair it or bear the cost of repairing it. However, the real estate developer refused to take responsibility for the quality of the house on the grounds that the house had exceeded the warranty period. Then, if the commercial housing exceeds the warranty period, can the real estate developer be exempted from the quality guarantee responsibility?

Found the problem and failed to negotiate. The buyer appealed to the court.

Mr. Wang signed a Commercial Housing Sales Contract with a real estate developer and its annexes, which stated the information of Mr. Wang’s purchase of a house developed by a real estate developer and the delivery time of the house. According to the warranty scope, warranty period and warranty responsibility of the house, the warranty period of the plastering layer on the wall and ceiling of the house is 2 years. During the warranty period, if the plastering layer on the wall and ceiling of the house falls off due to construction quality problems, a real estate developer will carry out the warranty for free.

After the contract was signed, Mr. Wang paid the house price according to the contract, and a real estate developer also delivered the house to Mr. Wang on schedule, and Mr. Wang soon renovated and moved in.

Less than a year after moving in, Mr. Wang found that the wall and ceiling of the house began to crack and the plastering layer gradually fell off. Mr. Wang thought that there was a problem with the quality of the house, and immediately reported it to the sales office of the property service enterprise and a real estate developer in the community, but it was fruitless for many times. The property service enterprise and a real estate developer never came to the door for maintenance.

After a period of repeated negotiations, neither the property service enterprise nor a real estate developer responded to Mr. Wang’s maintenance requirements. In desperation, Mr. Wang filed a lawsuit with the court, demanding that a real estate developer assume the responsibility of house maintenance and compensate for the losses caused in the process of house maintenance.

At the same time of prosecution, Mr. Wang entrusted a house safety appraisal company to appraise the houses involved in the case. After the on-site inspection, a house safety appraisal company made a House Safety Appraisal Report, and the appraisal conclusion was that the plastering layer of the house did not meet the requirements of "Quality Acceptance Standard for Building Decoration Engineering", "The plastering layer should be firmly bonded with the base layer, and the plastering layer should be free from delamination and hollowing, and the surface layer should be free from ash explosion and cracks", and there were quality problems in the plastering layer of the above-mentioned house. According to the "Quality Acceptance Standard for Building Decoration Engineering", the total area of hollowing is 11.36 square meters and the total length of cracks is 2.46 meters, which need to be repaired. The treatment suggestion given in the Housing Safety Appraisal Report is that the hollows and cracks should be removed with a shovel, and then plastered again and the surface decoration layer should be repaired according to the construction specification of plastering layer. Mr. Wang paid the appraisal fee of 8000 yuan.

During the court hearing, Mr. Wang also entrusted a real estate appraisal company to evaluate the repair cost and the cost of restoring the surface decorative layer of the house with quality problems. A real estate appraisal company made a Real Estate Appraisal Report, and the appraisal result showed that the total cost of repairing and restoring the surface decorative layer of the house with quality problems was 14,639 yuan according to the total area provided by Mr. Wang. Mr. Wang paid the appraisal fee of 2000 yuan.

Emphasize that the developer can’t refuse to pay for the overdue proof.

During the trial of the case, the court entrusted a professional institution to identify the house involved in the case, and concluded that the house involved in the case did have quality problems. In this regard, a real estate developer can’t prove that the quality problem is caused by other reasons, such as natural forces or improper use by buyers.

However, a real estate developer argued that the "Commercial Housing Sales Contract" signed with Mr. Wang stipulated that the warranty period for the plastering layer on the wall and ceiling of the house was two years, and the time for Mr. Wang to file a lawsuit had exceeded the warranty period of the house, so a real estate developer should not bear the responsibility of repairing the house and paying compensation.

After hearing the dispute between the two parties, the court held that the Commercial Housing Sales Contract signed by Mr. Wang and a real estate developer and its annexes were the true intention of both parties, and their contents did not violate the mandatory provisions of laws and regulations, and both parties should strictly perform them. According to the contract between the two parties, the warranty period of the plastering layer on the wall and ceiling of the house is 2 years. During the warranty period, the two parties failed to bring a lawsuit to the court because of the quality of the house, so the plastering layer on the wall of the commercial house involved in the case did not pass the warranty period. In accordance with the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, "the house delivered for use has quality problems, and the seller shall bear the responsibility for repair during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer can repair by himself or entrust others, and the repair cost and other losses caused during the repair period shall be borne by the seller. After identification, there are quality problems in the house involved in the case, and a real estate developer shall bear the liability for breach of contract.

Regarding the commitment of appraisal fees and evaluation fees, a real estate developer did not respond to whether there were quality problems in the houses involved in the delivery before the appraisal agency made a quality appraisal opinion, but agreed to conduct quality appraisal. Therefore, the appraisal fee and evaluation fee should also be borne by a real estate developer.

A real estate developer filed an appeal, claiming that the case claimed by Mr. Wang involved the repair of housing quality problems and surface decorations, which had exceeded the two-year warranty period stipulated in the purchase contract, and that Mr. Wang did not issue a "Housing Safety Appraisal Report" within the warranty period to prove that there was a problem with the housing quality, so a real estate developer should not bear the responsibility of housing repair and compensation.

The format clause has no effect. The collegial panel ruled as requested.

Mr. Wang pleaded in the second instance that when he handed over the house with a real estate developer, he did not carry out professional testing. As an ordinary consumer, he could not detect whether the house had quality problems during the inspection. At the same time, when handing over the house, a real estate developer did not provide the "Residential Quality Guarantee" as agreed in the contract, and a real estate developer did not inform himself of the warranty content and warranty period in detail.

The appraisal report on house safety makes the appraisal conclusion that the plastering layer of the house involved in the case has quality problems. Combined with the actual situation that the plastering layer of the house involved in the case falls off in a large area in less than two years, it is enough to conclude that the house involved in the case has quality problems and the two-year warranty period should not apply. Moreover, Mr. Wang has repeatedly asked a real estate developer to carry out maintenance, and a real estate developer has shirked it for various reasons, resulting in Mr. Wang having to entrust a professional organization to conduct appraisal and evaluation. The expenses caused by this are all caused by a malicious breach of contract by a real estate developer and should be borne by a real estate developer.

The court of second instance held that the Commercial Housing Sales Contract signed by Mr. Wang and a real estate developer was a standard contract provided by a real estate developer, and the terms concerning the warranty period of the roof and plastering layer of the house were standard terms. Although the warranty period is agreed, it exempts a real estate developer from the main responsibility in disguise and infringes on Mr. Wang’s main rights. Moreover, a real estate developer did not inform Mr. Wang of the relevant contents when presenting the contract, which should be considered as an invalid format clause.

Accordingly, the court of second instance ruled that the appeal reason of a real estate developer that "the warranty period has expired and it should not undertake the repair obligation" cannot be established. It is not improper for the court of first instance to order a real estate developer to pay Mr. Wang the repair cost determined according to the appraisal conclusion due to the housing quality problem.

The court of second instance stressed that during the trial of the case, it was identified by professional institutions that there were indeed quality problems in the houses involved. In this regard, a real estate developer can not prove that the quality problem is due to other reasons, so it should bear the consequences of failing to prove that the houses it provides do not meet the quality requirements.

The function and function of the housing warranty period is that the buyer can be exempted from the burden of proof that the housing quality problem is caused by the real estate developer during the warranty period, but it cannot be exempted from the contractual obligation of the real estate developer to ensure the housing quality within a reasonable period.

From this, we can be clear that commercial housing beyond the warranty period does not necessarily exempt real estate developers from the responsibility of quality assurance.

　　On July 12th, the inaugural meeting of China University Sports Delegation (hereinafter referred to as China Delegation) for the 31st Summer Universiade in Chengdu was held in Changchun, Jilin Province. Athletes, coaches and related personnel of the delegation participated in the meeting by combining online and offline.

　　The China delegation of Chengdu Universiade consists of more than 700 people, among whom 411 athletes from more than 100 universities in 25 provinces (autonomous regions and municipalities directly under the Central Government) will compete in all 18 sports of Chengdu Universiade. The average age of athletes is 22.9 years old, and there are 206 male athletes, accounting for 50.1%. 205 female athletes, accounting for 49.9%; 387 people participated in the Summer Universiade for the first time, accounting for 94.2%; 344 people participated in the world comprehensive games for the first time on behalf of the country, accounting for 83.6%; 24 people have participated in previous Universiade, accounting for 5.8%; 34 people have participated in the Olympic Games, accounting for 8.2%.

　　According to reports, the Chengdu Universiade has been postponed twice. In order to minimize the impact of the epidemic on the participation of student athletes, FISU has broadened the qualifications of athletes, adjusting the age of participation from the original "18 to 25 years old" to "18 to 27 years old", and the original "only for college students who have been in school and graduated for less than one year" to "allow college students who have graduated in school and in 2020, 2021 and 2022". This decision has increased the space for the selection of athletes from member countries and regions, and also created opportunities for college athletes who missed the Chengdu Universiade due to the epidemic situation in back in the game.

　　In order to do a good job in organizing the China delegation to participate in the competition and prepare for the war, the China University Sports Association has worked out a careful working plan for organizing the competition. According to the idea of "one project, one policy", it and the State Sports General Administration jointly selected athletes who are qualified for the Chengdu Universiade through trials and other means.

　　From April to May, 2023, China University Sports Association organized trials for 11 events, including swimming, taekwondo, martial arts, rowing, judo, badminton, table tennis, tennis, archery (compound bow), rhythmic gymnastics and fencing, with a total of 1,753 participants from 279 universities, with a total of 1,739 games. At present, the sports teams participating in 18 major sports are seizing the last key preparation period, actively training hard, and strive to meet the arrival of Chengdu Universiade in the best competitive state. (CCTV reporter Li Jingjing Xiao Jinwei)

　　In midsummer, Litang County, Ganzi Tibetan Autonomous Prefecture, Sichuan Province entered the most beautiful season of the year. Recently, the on-site meeting of the production and marketing of agricultural special products in Ganzi Prefecture was held in Litang County. Nearly 100 well-known leading agricultural enterprises, e-commerce enterprises and more than 20 travel agencies gathered in Litang County, and 114 purchase orders were signed on the spot, with a total contract value of 1.51 billion yuan.

　　At this trade fair, Litang County Party Committee and government seized the rare opportunity to vigorously promote Litang’s "polar fruits and vegetables" special agricultural products, so that more Litang high-quality special agricultural products can "go out of the plateau, go to the country and go to the world" and drive Litang people out of poverty and become rich.

　　On the eve of this trade fair, the Research Report on Analysis and Evaluation of Nutritional Components of Plateau Agricultural Products in Litang County, which was completed by the Institute of Food and Nutrition Development of the Ministry of Agriculture and Rural Affairs (hereinafter referred to as "Food Nutrition Institute"), explored the unique quality of plateau agricultural products in Litang County with scientific data and further increased the gold content of the "polar fruits and vegetables" brand in Litang County.

　　Poverty alleviation, aiming at "polar fruits and vegetables"

　　Litang County, located in the southwest of Ganzi Tibetan Autonomous Prefecture, is a deep poverty-stricken area with "three districts and three states". According to the central government’s decision to tackle poverty, China Academy of Agricultural Sciences organized 10 institutes and 12 expert teams to help 12 poverty-stricken counties in Ganzi Prefecture. At the same time, the Institute of Food Nutrition and Litang County formed a helping pair to speed up the transformation from "blood transfusion" to "hematopoiesis" in poverty-stricken areas through scientific and technological assistance.

　　At the beginning of March this year, in accordance with the deployment of the key scientific and technological assistance work of "three districts and three states" of China Academy of Agricultural Sciences, Liu Zheng, secretary of the Party Committee of Food Nutrition Institute, led a team to Litang County to carry out assistance work. After investigating the agricultural base on the spot, they hit it off with Geledoji, secretary of Litang County Party Committee. The two sides decided to "give full play to the resource endowment characteristics of Litang County, tap the agricultural products resources with plateau characteristics, and build ‘ Polar fruits and vegetables ’ Brand ".

　　"Litang has a unique geographical location and climatic conditions and has the natural advantage of developing high-end fruit and vegetable industry. First of all, it has a high altitude, with an average altitude of more than 4,300 meters. It is one of the highest cities in the world and is called ‘ City of the sky ’ The ecological environment is unique; Secondly, the average annual sunshine time is long, reaching 2638 hours, about 110 days, which are beneficial to the full photosynthesis of fruits and vegetables; Finally, the fertile soil, the snowy mountains, and the coordinated development of animal husbandry industries such as cattle and sheep provide good organic nutrients for the growth of fruits and vegetables. " During the trade fair, Liu Zheng told the reporter that the Institute of Food Nutrition has the only laboratory for evaluating the nutritional function of agricultural products in the Ministry of Agriculture and Rural Affairs, and is working on the detection and evaluation of the nutritional quality of high-quality agricultural products. The characteristic agricultural products in Litang County are also good research samples.

　　According to Zheng Xianfeng, the county magistrate of Litang County, "polar fruits and vegetables" is a regional concept, which refers to the "roof of the world" that grows in the world except the Antarctic and the Arctic — — Organic fruits and vegetables on the Qinghai-Tibet Plateau. At present, fruits and vegetables such as watermelon, small tomato, Shanghai green, Chinese cabbage, sweet bean, broccoli, white radish, potato and mushroom have been successfully planted.

　　With the support of science and technology, brands are more valuable.

　　"Litang County ‘ Polar fruits and vegetables ’ The quality is good, but in the end, there has been a lack of a scientific basis, and we can’t say it clearly ourselves. " Weng Deng, director of Litang County Agriculture, Animal Husbandry and Rural Affairs Bureau, has been worried about this problem. In order to cultivate the brand of "polar fruits and vegetables" in Litang county, in July this year, the bureau entrusted the Institute of Food Nutrition to conduct a comparative study on the nutritional quality of agricultural products with plateau characteristics in Litang county and agricultural products in plain areas.

　　Zhu Dazhou, deputy director of the Analysis and Research Office of the Institute of Food Nutrition, told the reporter that according to the determination of nutritional components of small tomatoes, radishes, mushrooms, cucumbers, strawberries and other fruit and vegetable products in Litang County, and the comparative analysis with agricultural products in major plains such as North China, Southwest China and South China, they found that the plateau agricultural products in Litang County have three outstanding characteristics: First, the mineral content in fruit and vegetable products is significantly higher than that in low-altitude areas. For example, the calcium content in Litang cucumber is 350.6 ml/kg, which is 68% higher than that in low altitude areas. Second, the content of vitamin C in fruit and vegetable products is significantly higher than that in low altitude areas. For example, the content of vitamin C in radish in Litang County is 20.3 mg per 100 g, which is 97% higher than that in low altitude areas. Third, the sugar content of fruit and vegetable products in Litang county is significantly higher than that in low altitude areas, which is sweet and delicious, and can be best reflected when eaten fresh. For example, the content of soluble sugar in Litang Mulberry Yellow Tomato is 9.07%, which is 50% higher than that in low altitude areas.

　　Nutrition research shows that minerals are essential nutrients for human body. The unique nutritional quality of "polar fruits and vegetables" in Litang county has broad development prospects in the new era when residents are increasingly concerned about nutrition and health.

　　Consumption upgrades, and characteristic industries have broad prospects.

　　Driving through agricultural science and technology parks such as Litang Kangzang Sunshine and Maggie Ami at an altitude of more than 4,000 meters, contiguous vegetable greenhouses stand on the grassland of vast expanse, releasing infinite vitality. In the greenhouse, advanced agricultural facilities were moved from the inland to the plateau, and high-quality fruit and vegetable products such as organic watermelons, tomatoes, sweet beans and radishes were planted, which effectively promoted the people to increase their income and become rich.

　　"With this nutritional analysis and evaluation research report from the Institute of Food Nutrition, our development has been enhanced ‘ Polar fruits and vegetables ’ The strength of the industry. " Zheng Xianfeng said that relying on cold chain logistics, Litang has become an important production base for agricultural industrial transfer in Chengdu and a pilot base county for direct supply of Sichuan food to Hong Kong, Macao and Taiwan.

　　At present, Litang County vigorously promotes the development of "polar fruits and vegetables" industry around the goal of "people can increase income, enterprises can make money, products have a market, quality is guaranteed, and the industry is sustainable". According to Zheng Xianfeng, from the practical needs, "polar fruits and vegetables" are highly compatible with consumption upgrading and have broad market prospects; From the operational point of view, the related technologies of "polar fruits and vegetables" industry are becoming more and more mature, which can attract more elements to gather and is conducive to further promotion; From the actual market point of view, for a long period of time, as long as the quality is guaranteed and the production capacity is available, there will be no worries about the market and orders; From the development trend, processing, market wholesale and transportation can increase the economic added value of fruit and vegetable industry, which will be the direction of future efforts.

　　"In the next step, I expect the Institute of Food Nutrition to continue to play the role of national authoritative scientific research institutions, connect resources, support the development of characteristic agricultural products in our state, and create a new model for the development of agricultural industry in plateau areas." Liu Chengming, secretary of the State Committee of Ganzi Tibetan Autonomous Prefecture, is full of confidence in the future development. (Reporter Hu Mingbao)