The water tank overflowed and flooded the residential building, the property should bear the responsibility, and the purchase of the accident car can require "one refund and three compensation"

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The property of the residential building has to bear the responsibility when the water tank overflows

Ms. Ai, a Bole citizen: The secondary water supply tank on the roof of our residential building failed. The water in the tank flowed from the roof to the first floor. Some residents' homes were flooded, and the elevator also failed. This has happened three times this year. The walls of the corridor and some residents' homes have fallen off, and the elevator failure has also brought inconvenience to residents' lives. Should the property be legally responsible?

Wang Zhiyuan, a member of the Shiliuyun legal gang and a lawyer from Xinjiang Jingran Law Firm: The water supply tank of the residential building is managed, maintained and maintained by the property service enterprise or property service agency. The water tank has failed for many times, and the property service enterprise has failed to fulfill its obligations of repair, maintenance and care, so it has certain faults. According to the relevant laws and regulations of the Civil Code, the owner has the right to request the property service enterprise to stop the infringement, remove the obstruction, eliminate the danger, restore the original state and compensate for the losses. The property service enterprise can repair the wall of the owner's house by itself if the wall cannot be restored due to immersion. The expenses incurred are property losses and shall be compensated by the property service enterprise.

The dispute resolution mechanism is diversified. The owner can reconcile with the property service enterprise, or apply to the people's mediation committee for people's mediation according to the provisions of the People's Mediation Regulations of the Autonomous Region, and reach a mediation agreement through mediation to resolve the dispute. If neither reconciliation nor mediation is possible, rights can be protected through litigation.

　 Buy an accident car and ask for "one refund and three compensation"

Mr. Qin, a citizen of Urumqi: In 2019, I spent 240000 yuan to buy a car in the second-hand car market. The car dealer said that it was a new car in 2018, which was certified by a professional car inspection agency to be the original paint, without any accidents. Last year I wanted to sell a car. A person who wanted to buy a car gave my car a special appraisal. He found that one door had been replaced, and the B pillar (between the front door and the rear door of the car) also passed through the sheet metal. This is an accident car. I also asked someone to re identify it, and the result was really an accident car. I asked for the car to be returned, but the car dealer disagreed, saying that the car could only be returned at the current value. I think I've been cheated. I've been driving this accident car for the past two years. How can I protect my rights?

Pan Zengyao, a member of the Shiliuyun legal gang and a lawyer from Beijing Dacheng (Urumqi) Law Firm: What you have encountered is a typical consumer fraud, that is, the operator intentionally tells consumers false information, or deliberately conceals the truth, to induce or mislead consumers to conduct consumer behavior against their true intentions, To achieve the purpose of fraud by signing contracts.

As an ordinary consumer, it objectively conforms to common sense that you failed to find the problem of the vehicle on the spot. As a car seller, second-hand car dealers have the technical ability and technical conditions to fully grasp the technical details of various parts of the vehicle for sale. They made false promises and did not tell the real situation of the vehicle, which caused you to suffer economic losses and endanger personal safety, and should be punished.

For such consumer fraud, the Consumer Rights Protection Law clearly stipulates that it is usually called "refund one and compensate three". You can request to cancel the vehicle sales contract with the second-hand car dealer, ask the dealer to return the purchase price, and make compensation based on three times of the purchase price.

(sorted out by Sui Yunyan, reporter of Tianshan.com Xinjiang Daily)