How should developers break through false advertising?
Recently, Shangguan News reported a news that "the house sales promised a rechargeable parking space, but the owner found that they couldn't install a charging station after purchasing.". The facts of the case are very clear. The essence of the dispute between the two parties is that the developer did not complete the housing development according to the promised standards. The owner called the 12345 Shanghai Citizen Service Hotline for help, but the result of the handling is still pending.
In daily life, false advertising by real estate developers is not uncommon, ranging from the shrinking practical area of houses for sale to the failure of hardware facilities in residential areas to fulfill commitments, all of which greatly affect the value and quality of housing for homebuyers. However, after a similar situation occurs, individual homeowners who are deeply troubled by a certain problem not only need to invest a lot of time and energy in safeguarding their rights, but also easily face difficulties in providing evidence due to the lack of materials and end up hastily.
In fact, similar issues could have been avoided through the "property acceptance inspection" process. In property management regulations across the country, there are clear provisions for "property acceptance inspection". Taking the property management regulations of Beijing and Shanghai as examples, both stipulate that "the construction unit and the property service personnel in the early stage shall jointly confirm the property management area under the guidance and supervision of the district housing and urban-rural construction or housing management department, inspect the shared parts, facilities and equipment within the property management area, confirm the on-site inspection results, form inspection records, sign a property acceptance inspection agreement, and publicly disclose the inspection results to the owners.". The so-called "shared parts and facilities within the property management area" include the main structure, exterior walls, roofs, floors, decoration and other parts of the house, as well as water, electricity, gas, fire protection, elevators and other facilities and equipment within the community. The relevant situation of private parking spaces sold to all owners is also included.
So here's the question: Since the regulations on "property acceptance inspection" are very clear, why do new residential areas mainly rely on themselves to solve disputes over "wrong goods" after moving in? The key factor is that the property management in the early stage of a community often has a close relationship with the developer - many new communities have property management and developers directly under the same group, even if they are not under the same group. The property management in the early stage is also entrusted by the developer to provide services to the community. In such a situation, once the two cooperate to carry out property inspection, this work that concerns the interests of all owners has become a superficial handover work in many communities. Many issues related to the rights and safety of community owners cannot be discovered, let alone disclosed to all owners. Valuable exploration is already underway. In order to avoid external factors interfering with property inspection, many regions in Zhejiang have launched attempts to conduct property inspection through market-oriented third-party institutions. According to public information, many residential areas in Zhejiang have invited third parties to conduct "property acceptance inspections" to identify problems with developers, and thus use the developer's "quality assurance deposit" from the housing management department to conduct a one-time investigation and improvement of many problems in the residential areas. Taking Hangzhou Fangyuanfu Community as an example, due to issues such as settlement, wall leakage, and blockage caused by mismatched pipeline models during the warranty period, the community property committee will submit the inspection report as a reference for rectification to the developer, which will save the community more than 5 million yuan in rectification funds.
In fact, there are also requirements for property inspection in Shanghai at present, but given the relationship between the property and the developer in the early stage, this work seems to be superficial. If the housing regulatory department can encourage communities to choose professional forces to conduct inventory and record the current status of facilities during the establishment, transition, or handover of property service enterprises, it will effectively clarify the boundaries of rights and responsibilities of housing developers, property management companies, and other parties, and effectively reduce community governance disputes.