The continuous water seepage in the basement is a serious quality defect. If it cannot be repaired after rectification or leads to the failure of the contract purpose, the buyer may claim to rescind the purchase contract, return the house and get a refund, and keep the repair records as evidence.
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The storage room has a seriously inadequate ceiling height, making it unusable. According to the contract and national standards, the tenant can demand rectification, price reduction, or compensation; first, fix the surveying and communication evidence, then negotiate or file a complaint.
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If you pay for the right to use a parking space rather than the ownership of it, you should check the nature of the contract and the source of ownership. If the parking space is jointly owned or belongs to the civil air defense system and is transferred illegally, you can claim the defect of contract validity and demand the return of the corresponding payment.
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The parking space contract does not stipulate the ownership of the property rights. It can be determined according to the planned use and the provisions of the Civil Code. Parking spaces within the planning can be registered with property rights, while civil air defense parking spaces and other similar parking spaces cannot be sold separately. It is recommended to amend the agreement accordingly.
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If you want to withdraw from the purchase of a parking space after making the purchase, you need to check the nature of the contract and the provisions regarding the deposit. If you terminate the contract without a valid reason, you will be held liable. However, if there is fraud or the standard contract terms are invalid, you can claim a refund.
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If the floor area of the apartment is smaller than what was contracted, you can claim compensation according to the rules for dealing with area errors. For the part of the area error exceeding 3%, you can request to terminate the contract or receive a double refund. It is recommended to conduct a survey first and then provide evidence.
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The house purchased is actually commercial land. The buyer can verify the planning and contract, and claim information fraud or rescind the contract based on the differences in land nature. The specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.
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It's generally illegal for developers to refuse to hand over the keys if the maintenance fund has not been paid. The maintenance fund should be paid by the owners and cannot be set as a precondition for delivery. Buyers can legally demand delivery and hold developers accountable for any delays.
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When receiving the house, it is reasonable to pay stamp duty, maintenance fund, property management fees, and area compensation. However, if natural gas installation fees and agency fees have been cancelled or charged repeatedly, it is against the rules. You should check the contract and relevant policies to ensure that the fees are charged in accordance with the law.
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The allocated land and housing can be transferred, but it requires government approval and the payment of additional land transfer fees; the contract should clearly specify the party responsible for the land transfer fees and the prerequisites for transferring ownership, to avoid delays in obtaining certificates.
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When a worker is injured while being employed by a contractor (who does not have the qualifications of an employer), the responsibility for work-related injury insurance shall be borne by the employer or subcontractor who has the qualifications of an employer, and this does not require an employment relationship as a prerequisite.
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After the project is illegally subcontracted, if workers are injured, the subcontracting unit with the qualification of an employer shall bear the responsibility for work-related injury insurance; the injured workers do not need to confirm the labor relationship first, and should apply for recognition within one year.
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In the case of operating under the guise of another company, if an employee is injured at work, the unit to which the business is entrusted shall bear the responsibility for work-related injury insurance; this does not require the existence of a labor relationship, and the application for recognition of work-related injury should be submitted within one year from the date of the accident.
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On the first day of work, if an employee is injured, they will be protected by the work-related injury insurance as long as they have established a labor relationship (including de facto labor relationships); the key is to prove the employment relationship. If the employer fails to pay social insurance for the employee, the employer shall bear the corresponding legal responsibilities.
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In activities such as disaster relief and emergency rescue that safeguard public interests, injuries sustained during such activities shall be deemed work-related injuries in accordance with Article 15 Paragraph 2 of the Work Injury Insurance Regulations; and the injured individuals shall enjoy the same treatment without being subject to the prerequisites of working hours and workplaces.
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