House renovation disputes occur frequently! This prevents

Source: Taiwan Strait Network

Taiwan Strait Net reported on January 15 (Strait Herald reporter Lin Shaorong, correspondent Wang Tingting, Chen Xuesong) House decoration disputes occur from time to time, what should I do? How to prevent it? Standardized and detailed contract terms can not only effectively avoid potential legal risks, but also significantly improve efficiency and save communication costs. Yesterday, the Xiamen Market Supervision Department held an on-site meeting on compliance guidance for home decoration and decoration contracts in Tong\’an, and released the \”Risk Prevention Guidelines for Unfair Terms in Home Decoration and Decoration Contracts\” (referred to as the \”Risk Prevention Guide\”) and the \”Compliance Guidelines for Home Decoration and Decoration Contracts\” 》 (referred to as the \”Compliance Guidelines\”) further regulates the conclusion of home decoration contracts, protects the legitimate rights and interests of consumers, and creates a safe home decoration consumption environment.

Decoration complaints show an increasing trend year by year

In 2024, Xiamen’s residential transaction area was 1.726 million square meters, of which Tong’an District’s residential transaction area was 423,900 square meters, ranking first in the city , with a market share of 25%. With the development of the real estate market, conflicts and disputes arising from the home decoration industry are also increasing.

According to statistics, in 2024, Tongan District received a total of 156 complaints and reports related to home decoration, which is increasing year by year. Among them, 48 complaints and reports were caused by contract performance, far exceeding other complaints. contract disputes in the field. The main issues involved include failure to complete the project within the agreed time, compromised decoration effects, and incorrect materials used.

The Risk Prevention Guide targets unfair format clauses

The \”Risk Prevention Guide\” summarizes and interprets the unfair format clauses that were common in previous home decoration contracts, and helps consumers sign them Home improvement contracts provide guidance on “avoiding pitfalls.” For example, the previous contract stated that \”Party B shall be responsible for warranty within the scope of decoration construction, and the warranty period shall be two years from the date when the project is accepted by Party A.\” The analysis stated that Article 32 of the \”Residential Interior Decoration and Decoration Management Measures\” It is stipulated that under normal use conditions, the minimum anti-leakage warranty period for kitchens, bathrooms and exterior walls with waterproof requirements is five years. Decoration companies take advantage of consumers\’ limited knowledge of decoration project specifications and arbitrarily reduce the project warranty period when formulating contract terms, exempting or reducing their own warranty responsibilities.

In addition, the contract price indicated in some contracts does not include taxes. If Party A requires an invoice, it shall bear the corresponding taxes. The analysis believes that issuance of invoices to the payer is the legal obligation of the operator. The provisions of this standard clause actually transfer the tax liability to the consumer, which is suspected of violating Article 7, Item 6 of the \”Measures for the Administration of Contract Administration\” \”Other exemptions or \”Content that reduces the operator\’s own liability\”. The \”Compliance Guidelines\” clarify the prohibited situations and basic behavioral norms of home improvement contract clauses, and provide a \”menu-style\” reference for both parties to the contract to establish mutually satisfactory clauses, which is conducive to reducing the harm to consumers caused by unfair format clauses. .

The market supervision department stated that the nextIn the future, the \”Risk Prevention Guide\” and \”Compliance Guidelines\” will be promoted throughout the city to strengthen contract standards in the home decoration industry. At the same time, make full use of the market supervision \”toolbox\” such as administrative interviews, compliance guidelines, credit penalties, law enforcement and case handling, etc., to promote high-quality development of the home decoration industry.

Prohibited Situations in Home Decoration and Renovation Contracts

1. It is prohibited for home decoration and renovation activities without construction qualifications to involve changes to the main body of the building and the load-bearing structure. The decoration company must have the corresponding construction qualifications, otherwise will affect the validity of the contract.

2. Prohibited signing procedures. Improper contract signatories have not undergone necessary authorization and certification, and the official seal has not been affixed to the signature, etc., which will affect the subsequent performance of the contract.

3. Ambiguous content is prohibited. In specific contract terms, some decoration companies use ambiguous expressions to infringe on the legitimate rights and interests of owners. For example, \”If the original brand material is out of stock during decoration, Party B can temporarily replace it with the same material.\” It does not clearly indicate whether it is the same type or the same quality material, setting a trap for subsequent fakes.

4. Prohibited clauses are unfair. Decoration companies use unfair format clauses to exempt themselves from liability and exclude the rights and interests of owners.

5. It is prohibited to have an unclear construction period in a contract that only states the total decoration construction period. The start time and completion time are not clearly agreed upon or are not clearly calculated based on natural days or working days. Once there is a delay in starting construction or overdue completion, etc., The owners were at their wits\’ end.

6. It is prohibited to falsely report the decoration area. Decoration companies vaguely define concepts such as building area and construction area in the contract, and increase decoration costs by falsely reporting the area.

7. It is prohibited to use vague charging standards. Decoration companies do not specify separate charging items in the contract, do not indicate whether the unit of measurement is meters or square meters, and use vague \”general prices\” and \”fixed prices\” for charging items. \”express.

8. It is forbidden to split the quotation routine. The decoration company did not list various charging items in detail in the contract, and deliberately split a project into multiple charging items. For example, the total price of the cabinet is divided into wood board fees, painting fees, labor fees, etc., and other expenses are even added to the separated items, resulting in the final total price being much higher than the actual price.

9. It is prohibited to omit relevant expenses. The contract does not specify how the water, electricity, garbage disposal fees and other expenses incurred during the decoration process are calculated and who pays them, resulting in blame-shifting between the two parties.

10. It is prohibited to mention the acceptance matters in the contract with unclear acceptance standards without agreeing on specific acceptance methods, acceptance standards and other details, resulting in the concealed project entering the next construction process without acceptance, or after the project is completed Simple delivery leaves hidden dangers of disputes.

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