Eliminate hidden dangers, recognize seven violatio

  • Detail

In the process of decoration, we will always encounter large and small problems. Some problems can be solved in time without affecting the progress of the project, but some problems really need to be protected fundamentally, especially the breach of contract and infringement in the decoration, which should be eliminated in the bud

1. Oral commitment is not written into the contract

tip: Although the contract law stipulates that the parties enter into contracts in written, oral and other forms, written contracts are the best way to protect the rights and interests of consumers

2. When entering into a home decoration contract, merchants often only fill in the specification, quantity and price of decoration materials, and rarely fill in the content of commodity trademark, quality grade, etc.

tips: some merchants, in order to obtain higher benefits, although they orally promise to use high-quality decoration materials to consumers, they often shoddy in the decoration process, making consumers spend a high price and do not buy goods of the corresponding quality

3. Refuse to pay liquidated damages when delaying the delivery of the house

tips: the liquidated damages can be determined by both parties through negotiation. In case of a dispute, it may not be implemented in accordance with the agreed amount. According to the regulations, if the liquidated damages agreed in the contract are too high or too low, they can be adjusted with reference to the actual loss. If they are higher than 30% of the actual loss, they need to be appropriately reduced, while if they are lower than the actual loss, they can be increased with reference to the actual loss

4. When entering into a sales contract, the operator requires the consumer to pay a deposit in advance that exceeds the amount specified by the law. Tip: the guarantee law stipulates that the amount of the deposit is agreed by the parties, but shall not exceed 20% of the subject matter of the main contract. Therefore, as long as the amount of the deposit paid by the consumer exceeds 20% of the subject matter of the main contract, the excess part is regarded as an advance payment and can be returned by the merchant

5. After paying the deposit, the consumer is not satisfied with the design drawings, and the request for refund of the deposit is rejected

prompt: the deposit is an accessory of the main contract, which is generated based on the main contract. For the situation of paying the deposit before determining the design drawings, the situation of revocable contracts should be agreed in the contract, such as revocable contracts if the design drawings are not satisfied, etc

6. The owner pays the decoration deposit to the developer or property management company. Although there is no illegal decoration, the merchant refuses to return the deposit

tip: at present, there are no laws and regulations that explicitly prohibit the collection of decoration deposit. In fact, it is paid by the agreement between the owner and the developer or property management company. If the owner has no illegal decoration behavior, he can seek the help of the consumer association or the Department of industry and commerce to return the deposit

7. After the acceptance of the house, there are problems such as water leakage and wallpaper falling off, and the merchants refuse to deal with them.

tips: after the owner passes the acceptance, the decoration enterprise should issue a warranty for the quality of residential interior decoration. Under normal conditions of use, the minimum warranty period of residential interior decoration works is two years, and the leakage prevention of kitchens, toilets and external walls with waterproof requirements is five years, The warranty period shall be calculated from the date of completion and acceptance of the residential interior decoration project





Copyright © 2011 JIN SHI