What is the use of defects?

It is an article that introduces the meaning of defects and the scope of defects by law.

The meaning of defects and how to use

"Defect" has the following meaning.

It is mainly used as a word for defects, defects, defects, failures, etc., mainly in new places such as business scenes.It is also a word that is often used as legal terms, mainly in the real estate industry.

What are the defects in real estate?

Flaws are often used in the real estate industry, and are used as words that indicate wounds, defects, and defects in buildings such as houses.

When a defect is used as a real estate term, the range of defects is not only visible scratches or damage.Insufficient buildings and functions of the building, such as corrosion of the main parts such as rain leaks, wooden roofs and pillars, are also defects.It also includes accidents such as suicide and accident death in the past, and information on legal regulations.

It would be easier to think that if you do not meet the requirements you should have, it will be a defect.

What is defective liability?

Defect liability is the liability that the seller must bear if there is a defect that cannot be found with normal precautions in paid contracts such as buying and selling.

Defect liability for defect guarantee due to the revision of the Civil Code

The Civil Code was amended in April 2020, and the term "contracted liability" was changed to "non -conformity liability."The content has changed slightly from the previous defect liability.However, in the real estate industry, etc., "defect liability" is still commonly used.

What is "hidden defect"?

If you have the opportunity to contract a real estate, you should know the "hidden defect (hidden defect)".There are flaws that you can see after you start living, so be careful about the contract.Here, we will introduce what kind of "hidden defects" have.

Legal defect

At first glance, real estate, which seems to have no problem, may have legal defects.

The legal defect (legal defect) is a case that violates the Building Standards Law and the Fire Service Law.Situations that cannot be rebuilt due to building restrictions may also be included in legal defects.

Physical defect

The easiest to understand in real estate defects is physical defects.

These are typical physical defects.

Environmental defect

Environmental defects are the problem that the environment around the real estate is bad.

If the seller knows these environmental problems at the time of the sale of the real estate, it will be a defect.

Psychological defect

"Psychological defects" are defects that are recognized in real estate and their premises in the past when there are cases and events that people feel that people do not want to live in the past.

It is an example.In addition, the surrounding cases where anti -social forces are located can also be a psychological defect.

Range / period of defect liability for each law

The scope and period of defect liability vary depending on the law, so let's keep it.Here, we will introduce the liability for defects under the Civil Code, the Residential Land Building Transaction Business Law (Home Construction Business Law), and the Promotion of Residential Quality (Housing Quality Promotion Act, Promotion Law).

Civil law

In the Civil Code, the purpose of buying and selling is subject to defect guarantee liability.The target person and the period are as follows.

However, depending on the conditions, you can conclude a special agreement, and you can also exemption from defect liability.

Residential Land Building Transaction Business Law (Home Construction Business Law)

According to the Housing Building Law, the building or residential land is subject to defect liability, and the target person and the period are as follows.

Keep in mind that only the seller is a professional residential land and building trader.

Law on the promotion of housing quality ensuring (housing quality secure promotion law, goods approximately law)

It is the basic structure of a newly built house that is subject to defect guarantee liability under the Precision Law.Introducing the target person and the period.

Because it is a new building, there is a long defect liability compared to other laws.

Can the burden of defect liability be reduced?

If the scope of defect liability is too wide, it will be a heavy burden on the seller.However, setting a special contract can reduce the burden, so let's take a closer look.

What is the exemption agreement for defect liability?

If the seller is not a business operator or a consumer contract, it is also possible to incorporate a special contract that exempts the seller's liability for defect and non -conformity liability.However, in cases where the seller did not notice even though there was an inconvenient defect for the buyer, he cannot escape his liability.

There are many cases where the exemption agreement for defect liability is mainly integrated into the contract when buying and selling used houses.If there is a financial situation such as the seller on the verge of bankruptcy, it seems that the special agreement for defect liability is concluded.

However, it is possible that a defect may be discovered after a special contract for defect liability, which is a risk of the buyer.Contract with sufficient investigation and measures, such as having an expert investigate before the contract.

A defect is a real estate, which is the purpose of trading, has some flaws.The standard is whether it meets the nature, quality, the request of the contractor, etc. in general.

What you want to remember at the same time is the liability for defects, which are responsible for selling and making real estate with defects.Defect liability is described in the people and residential land and building trading business laws and housing quality secure promotion laws, but the range and period vary depending on the law.

Defects are words that always come out in real estate transactions.You may be able to touch it several times in your life, so make sure you understand the meaning on this opportunity.