The Supreme court took up the deficiencies. Who should be responsible for defects in the purchased apartment
https://rg.ru/2016/07/25/vs-rf-ukazal-kto-dolzhen-otvechat-z
Who should be responsible for defects in the purchased apartment
The actual case considered the Judicial
Board on civil cases of the Supreme court.
She put the emphasis in legal dispute
the seller and the buyer about the faults
acquired housing.
Apartments for sale – even new, though
secondary market – for the vast majority
our citizens – the most expensive and important purchase in my life. So all
due to problems just bought the apartment, causing the former
and future settlers increased attention.
Our story begins with how a citizen acquired from
individual entrepreneur apartment.
At first, upon inspection everything was normal.
But having lived in the new apartment quite a bit, the hostess noticed that
the Windows in the apartment that something is wrong: the glass went streaks, Wallpaper around window
unstuck, and they had a fungus.
In General, it became clear that the Windows in the home are installed with rough
violations.
Arising between the seller and the buyer to resolve conflict peacefully
failed. It had to deal with the courts.So, according to the case file, in 2013, the citizen bought
individual entrepreneur apartment. Problems new home
got out as soon as the Windows cold.
A call to the seller to correct all deficiencies was delayed for two years.
The seller never responded, and the situation is increasingly deteriorating. Come
winter and frosty days in the growing ice. The landlady ordered
construction and technical expertise.
Examination showed that the installation of the glass was made
a serious breach of the requirements of GOST. Hence all the problems the new
housewife.
The plaintiff went to the district court to recover from the defendant the money for
the shortcomings of the apartment, the compensation for moral damages and a fine.
The judge has partially satisfied its requirements, having collected from
entrepreneur a total of 130 thousand rubles. The court for this situation
applied the Law “On protection of consumers’ rights – the contract of purchase and sale
the plaintiff gave the apartment is poor quality.
The plaintiff together with the purchase of apartments bought and the right
requirements to the seller to address the deficiencies
However, the regional court quashed the decision. In his opinion, arisen
legal relations seller and the buyer are not subject to the Law “On protection of
of consumers ‘ rights. And the citizen is not party to the contract
concluded between the owner and seller Windows. So it doesn’t
can make claims on the quality of the apartment to the seller housing.
Appeal rejected the applicant’s claims.
Judge entirely agreed with the citizen. In their opinion, on the basis of the Law On
the protection of the rights of consumers” the manufacturer and seller are including
individual entrepreneurs that sell goods to consumers
the contract of sale. Here is why this law is even applicable.
Sun stressed that the civil legislation does not directly regulate
issues with transfer of warranty of the Builder on the result of the work in the case
sales to other citizens. But the judges said the warranty associated with the result of the work, not the personality of the person
uses it. Sun decided that the plaintiff along with the purchase of apartments bought and
right of claim towards the seller for deficiencies that will
identified in the apartment, and compensation for material damage.
This is the case, the Supreme court, reversing the decision of the appeal, sent to
a new trial, telling to consider his explanation.
