Can the newly bought second-hand house roof leak be checked?

The water leakage in the house belongs to the defect when buying a house. Under normal circumstances, if the house has only general defects and does not affect the use of the main function, it cannot be directly returned.

Of course, the seller is responsible for repairing the defects. If the serious water leakage has affected the normal residence, the law stipulates that the seller should carry out maintenance and bear certain contractual responsibilities. If the water still leaks after maintenance, the buyer can claim to terminate the contract.

But generally speaking, negotiation should be the first choice, and if negotiation fails, it can also be solved through litigation.

Extended data:

Article 107 of the Contract Law of People's Republic of China (PRC), if a party fails to perform its contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 13 of the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning Commercial Housing Sales Contracts shall be supported if the buyer requests to cancel the contract and compensate for the losses because the quality of the house seriously affects the normal living and use; If the house delivered for use has quality problems, the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.

In the process of buying and selling second-hand houses, it is necessary to carefully check the current situation of the houses before signing the contract, and the existing problems of the houses and the opinions of both parties on solving the problems should also be clear in the contract.

During the signing of the contract, both parties shall clearly stipulate the time and order of payment and handover, such as payment, house delivery, transfer, inventory and property management fees, water and electricity fees, cable TV viewing fees, internet access fees related to the house, etc.

Xuzhou Daily-Lawyer's statement: Can a second-hand house be returned if it leaks?

China News Network-Can the buyer refuse to pay the final payment after the second-hand house leaks?