有以下兩個實例：
賣房子時；
驗房後，出現了問題，已經成交了，買家都住進去了，發現問題了，結果賣方經紀，通知賣家，應該出錢去修理。據經濟說，即使問題出現在成交合同之後，房子剛進去就有問題了，賣家還是要維修的。
買房子時：
驗房後，也出現了問題同樣程序的問題，根據上面的說法，讓經紀回復賣家，希望可以得到維護，結果，買家經濟告訴買家，已經驗房，不能再要求維修。
以上兩種情況，令人昏迷，經紀的話到底有沒有法律依據，不能以這種大事化了的方式解決啊！
一句話，老實人總是吃虧的。
關於驗房，維修，賠款，請有經驗的朋友解答一下。
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2011-01-26 17:36:41
賣房子時；
驗房後，出現了問題，已經成交了，買家都住進去了，發現問題了，結果賣方經紀，通知賣家，應該出錢去修理。據經濟說，即使問題出現在成交合同之後，房子剛進去就有問題了，賣家還是要維修的。
買房子時：
驗房後，也出現了問題同樣程序的問題，根據上面的說法，讓經紀回復賣家，希望可以得到維護，結果，買家經濟告訴買家，已經驗房，不能再要求維修。
以上兩種情況，令人昏迷，經紀的話到底有沒有法律依據，不能以這種大事化了的方式解決啊！
一句話，老實人總是吃虧的。
有這種好事兒？偶還真不知道呢，待權威人士來verify
偶覺得除非前一種情況寫在條款裡，否則賣家可以不理的吧。
2011-01-26 21:24:06
是啊 已經賣掉了哪還有修的道理？除非是新房，合同上說了保修多久？這個還真沒聽說過“即使問題出現在成交合同之後，房子剛進去就有問題了，賣家還是要維修的。” 二手房又沒有warranty這一說
至於驗房就發現的毛病，不是都在subject remove之前和賣家協商麼。。。那時候談不攏也是可以不成交的吧
業余意見， 等專業人士來解惑 哈哈
2011-01-27 00:41:25
In my opinion, it all depends on what you have put down in the contract to supplement the standard clause in the standard real estate board contract which states that "the property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on XX day, XX month, XX year." The key of this standard clause is 1) same condition and, 2) at the possession date.
For example, if the contract has the clause saying that the property will be sold as it is as where it is. Then the Seller will have no obligation at all to do anything (repairs) even before completion, not to mention after completion.
Or if there is a Seller's warrant clause saying that the Seller warrants the appliances are in proper working order (without specification on the limitation of time), then the Seller will have the obligation to fix the not working appliances within a reasonable time frame even after completion.
If there is no supplement to the standard clause, I 'll say let the buyer and seller negotiate to arrive at a mutually agreed solution. Buyers and seller need to understand that there is no "NO PROBLEM" property.
2011-01-27 00:46:34
這個關鍵還是要看合同是怎麼寫的。樓主要花點時間去好好讀讀合同裡面的每一個條款，裡面的每一句都是has some reason。
2011-01-27 00:50:12
For example, if the contract has the clause saying that the property will be sold as it is as where it is. Then the Seller will have no obligation at all to do anything (repairs) even before completion, not to mention after completion.
Or if there is a Seller's warrant clause saying that the Seller warrants the appliances are in proper working order (without specification on the limitation of time), then the Seller will have the obligation to fix the not working appliances within a reasonable time frame even after completion.
If there is no supplement to the standard clause, I 'll say let the buyer and seller negotiate to arrive at a mutually agreed solution. Buyers and seller need to understand that there is no "NO PROBLEM" property.
what about the contract didn't say "sold as it is as where it is", and didn't say "seller has the obligation to fix the problem within a period of time" either?
2011-01-27 08:48:32
每個地產買賣合同都是一樣的（制式合同），如果買賣家有特殊要求的話，在條約裡才會另加的。
顯然，其實，也是知道的，之所以有“驗屋”這一項，是一個責任和義務的交接點。之所以請“地產經紀”，也是為了把好每個交易的關口。
我很譴責第一個例子的房產經紀，他沒有把好關。
2011-01-27 08:52:12
因為合同提到的上述條款，即使成交了（Completion），在交鑰匙的時候買家發現問題依然可以讓賣家修。
但是如果是交鑰匙之後的幾天發現問題那就比較麻煩了。
如果是As Is， Where Is, 同時合同中其他地方也沒有保證任何Condition， 那麼能讓賣家修理的幾率會非常小。
Mike
2011-01-27 12:54:04
For example, if the contract has the clause saying that the property will be sold as it is as where it is. Then the Seller will have no obligation at all to do anything (repairs) even before completion, not to mention after completion.
Or if there is a Seller's warrant clause saying that the Seller warrants the appliances are in proper working order (without specification on the limitation of time), then the Seller will have the obligation to fix the not working appliances within a reasonable time frame even after completion.
If there is no supplement to the standard clause, I 'll say let the buyer and seller negotiate to arrive at a mutually agreed solution. Buyers and seller need to understand that there is no "NO PROBLEM" property.
what about the contract didn't say "sold as it is as where it is", and didn't say "seller has the obligation to fix the problem within a period of time" either?
Then it is up to the Seller and Buyer to negotiate based on the standard clause "the property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on XX day, XX month, XX year." The key of this standard clause is 1) same condition and, 2) at the possession date."
2011-01-27 13:28:48
For example, if the contract has the clause saying that the property will be sold as it is as where it is. Then the Seller will have no obligation at all to do anything (repairs) even before completion, not to mention after completion.
Or if there is a Seller's warrant clause saying that the Seller warrants the appliances are in proper working order (without specification on the limitation of time), then the Seller will have the obligation to fix the not working appliances within a reasonable time frame even after completion.
If there is no supplement to the standard clause, I 'll say let the buyer and seller negotiate to arrive at a mutually agreed solution. Buyers and seller need to understand that there is no "NO PROBLEM" property.
what about the contract didn't say "sold as it is as where it is", and didn't say "seller has the obligation to fix the problem within a period of time" either?
Then it is up to the Seller and Buyer to negotiate based on the standard clause "the property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on XX day, XX month, XX year." The key of this standard clause is 1) same condition and, 2) at the possession date."
thank you for your reply.
from my understanding based on the standard clause, seller basically has to take the obligation to fix the issues if buyer can find the issues out at the possession date?
for instance, on the date that house inspection is done and report says the toilet works well but it doesn't work at the possession date or a few days after, before buyer move in. can buyer say it was not in the same condition?
2011-01-27 23:16:15
For example, if the contract has the clause saying that the property will be sold as it is as where it is. Then the Seller will have no obligation at all to do anything (repairs) even before completion, not to mention after completion.
Or if there is a Seller's warrant clause saying that the Seller warrants the appliances are in proper working order (without specification on the limitation of time), then the Seller will have the obligation to fix the not working appliances within a reasonable time frame even after completion.
If there is no supplement to the standard clause, I 'll say let the buyer and seller negotiate to arrive at a mutually agreed solution. Buyers and seller need to understand that there is no "NO PROBLEM" property.
what about the contract didn't say "sold as it is as where it is", and didn't say "seller has the obligation to fix the problem within a period of time" either?
Then it is up to the Seller and Buyer to negotiate based on the standard clause "the property and all included items will be in substantially the same condition at the Possession Date as when viewed by the Buyer on XX day, XX month, XX year." The key of this standard clause is 1) same condition and, 2) at the possession date."
thank you for your reply.
from my understanding based on the standard clause, seller basically has to take the obligation to fix the issues if buyer can find the issues out at the possession date?
for instance, on the date that house inspection is done and report says the toilet works well but it doesn't work at the possession date or a few days after, before buyer move in. can buyer say it was not in the same condition?
I believe the Buyer is justified to ask the Seller to fix the toilet in this case. That is why on possession date, buyer is strongly recommended to try out all appliances, alarm system, faucets, plumbing and all electrical outlets and notify the seller or seller's agent right the way of any problem found.