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Is the guarantee legally valid?

For a letter of guarantee to be legally valid, it must comply with legal requirements in each subdivided element. Here are the following details:

1. Civil subject. The signed guarantee must be signed by a person with normal civil capacity and completely voluntarily;

2. Contents of the guarantee. The content must be legal, that is, the object of the civil action is legal and within the scope of the law;

3. It is best to have a third party as a witness for the letter of guarantee. The third party is a disinterested third party. It is best to have a professional lawyer review it as a witness;

4. Both parties sign and seal, and then the letter of guarantee can take effect.

A letter of guarantee is a special letter or written material used by an individual, collective, or unit to express a guarantee in response to a superior's call to carry out work, complete a task, or do something wrong, make a mistake, and resolve to correct it.

Extended information:

Example:

Residential Quality Guarantee

1. Definition: It is the sale of newly built houses by real estate developers When given to the buyer, it is a written document promising the buyer the quality of the house, which has legal effect. The developer shall bear the responsibility for repairs and repairs in accordance with the house quality standards agreed in the "Residential Quality Guarantee".

2. Significance: In view of the special attributes of houses, in order to safeguard the legitimate rights and interests of home buyers, the state has made special regulations on the quality of housing, requiring developers to build houses that must meet certain standards, and requiring developers to Bear warranty responsibility for a certain period of time.

Usually, the developer should be responsible for the maintenance and handling of house warranty matters. If the developer entrusts other units such as a property management company to be responsible for warranty matters, the entrusted party must be included in the "Residential Quality Guarantee". The unit shall make it clear to ensure that the rights and interests of home buyers are actually protected.

3. Main content:

(1) The quality level of the house determined after acceptance by the project quality supervision department;

(2) Indicate the basic structure of the house The service life and warranty liability; the basic structure of the house refers to the foundation foundation of the house and the main structure of the house.

(3) Warranty content and warranty time for each part and component; the state has stipulated minimum warranty content and period for some content, specifically: roof waterproofing for 3 years; walls, kitchen and bathroom floors, and basements , pipe leakage for 1 year; wall and ceiling plaster layers falling off for 1 year; doors and windows cracked, and hardware components damaged for 1 year.

One year for cracking and large-scale sanding on the ground; 2 months for pipe blockage; 1 heating or cooling period for heating and cooling systems and equipment; 1 year for sanitary ware; lamps and electrical appliances Switch for 6 months.

(4) When the above situation occurs in the house, the specific unit is responsible for handling the repair reports, responses and processing of the home buyers.

4. Warranty period regulations: The warranty content and warranty period indicated by the developer on the quality guarantee letter shall not be lower than the national regulations. The warranty period starts from the date the developer delivers the house to the home buyer. When handling house delivery and acceptance, the buyer must sign to confirm the normal use of house facilities and equipment.

5. Payment time: The developer must deliver the "Residential Quality Guarantee" to the home buyer at the same time as the house is delivered to the home buyer; at the same time, the developer should deliver the "Residential Instruction Manual" to the home buyer. Home Buyers.

Function

The "Residential Quality Guarantee" is a legal document that the developer assumes quality responsibility for the commercial housing sold. It can be used as a supplementary agreement in the commercial housing pre-sales contract and has the same quality as the contract. Potency.

China's real estate regulations stipulate that real estate development companies should provide buyers with a "Residential Quality Guarantee" and a "Residential Instruction Manual" when commercial housing is delivered for use.

The project quality guarantee letter is a legal document that the real estate development enterprise assumes quality responsibility for the commercial housing sold. It should list the quality level, warranty scope, warranty period and warranty unit verified by the project quality supervision unit.

The "Residential Quality Guarantee" is a legal document for real estate development companies to assume quality responsibility for the commercial housing sold. It should list the quality grade, warranty scope, warranty period and warranty unit verified by the project quality supervision unit. . The developer shall bear warranty responsibilities in accordance with the provisions of the "Residential Quality Guarantee".

It shall be agreed upon by the buyer and the seller themselves. If the house has quality problems during the warranty period, if the functions of the house are affected after repairs by the warranty unit, or the main structure is of unqualified quality and causes losses to the purchaser, the developer shall be liable for compensation.

If the purchaser believes that the quality of the main structure is unqualified, he can apply to the project quality supervision unit specified in the "Residential Quality Guarantee" for re-inspection. If it is indeed unqualified after verification, the purchaser has the right to check out. .

Baidu Encyclopedia--Legal Effect

Baidu Encyclopedia--Letter of Guarantee