1, housing quality
Typical case: At the end of September last year, at the end of September, when a house was leaked, the roofs and walls leaked, and the basement was covered with seas. The Wire casing that was dug out was rusted and corroded, and the sinking garden rain poured into the water.... Yu Dong Villa almost no leakage. In the open letter to the owner, the developer apologized to the owner for leaks on the Roof and basement. Due to the poor construction quality, the total package unit had been cleared up by the developer.
Rights Protection Review: Recently, the Construction Commission issued the "Responsibility Checkpoints for Quality Control of Residential Projects," which stipulates that from March 1 this year, the city will comprehensively promote the inspection and acceptance system of new residential units. If the acceptance of the quality of the residential project is unqualified, the construction unit may not organize the acceptance of the project. When the residential project completion acceptance review finds that the acceptance conditions do not conform to the relevant regulations, the contents of the individual acceptance records are untrue, or there are major quality problems that affect the main use functions, the acceptance shall be terminated, corrections shall be ordered, and acceptance may not be reorganized until the requirements are met. Non-compliance inspections will be recorded in bad records or other penalties. After a “one-on-one inspectionâ€, if the developer’s house has quality problems, it will face renovations, which may result in delayed delivery. In the event of delayed delivery, consumers are entitled to claim compensation from the developer in accordance with relevant regulations.
2, the collection process
Typical Case 1: The Notice on Regulating the Pre-delivery Housing Inspection Beforehand for Sale of Pre-sale Commodity Homes, which was implemented on January 1st, clearly states that it is necessary to “receive money after handing over the houseâ€. However, there are still individual developers who have to avoid individual owners’ problems due to minor problems. The refusal to accept the house, most developers will not easily give up the "first payment after the key to the" house collection methods, such as the emergence of owners dissatisfaction, the solution is to make the property limited maintenance, but also to accept the check-out.
Rights Protection Comment: According to Zhuang Qingzhong, a lawyer from the Guangdong Branch of the Guangdong Law Offices, the settlement dispute is a typical case in real estate cases. "In fact, it is because everyone does not understand the contractual relationship. The developer intentionally confuses the sale and purchase relationship in the contract." In addition, the developer's use of word games in the contract for branded products is also a common problem in disputes over housing collection.
In actual operation, the majority of the collection disputes are resolved through timely maintenance of the property or exemption from the property fee for several months. The most serious problem is check-out. However, the contractual contractual delay for the developer to pay the house is only two ten-thousandths, plus property appreciation and the buyer has occupied the first year of the first payment, the developer took the house back and did not suffer.
“However, in the future, if buyers don’t agree with the house and refuse to close the house, they will not be able to accept the house until the delay due to the quality of the house. This has great impact on the developer.†Zhuang Qingzhong analyzed.
Typical Case 2: Mr. Liu (a pseudonym), the owner of a villa project, received a plan change notice from the developer and purchased the two-storey villa to be converted into a six-storey board building. According to the contract at that time, Mr. Liu had only two options, either checking out within 15 days or agreeing to change. Developers who change the original plan without authorization do not have a clear liability for breach of contract.
Rights Protection Comment: Zhuang Qingzhong, an attorney of Beijing (Beijing) Law Firm, told reporters that buyers in the past had no idea about the planning of products. The developer can change the construction plan through the owner’s hearing. If the owner disagrees, the owner must check out within 15 days. Otherwise, it is deemed as approved. The developer pays only minimal compensation to the outbound owner for default. The new contract launched this year requires that the project construction plan for the building where the house is located must be included in the annex to the contract. The construction plan promised by the developer to the owner must be consistent with the public notice. This means that in the future, the developer's change plan must first bear a clear responsibility for breach of contract. At the same time, after receiving the report and verification from the owner, the Construction Commission may order the developer to stop work. It is not only difficult for the developers to change their plans for violation, but also the cost will be huge.
3, change planning
Typical case: At the end of last year, a real estate developer collectively refused to accept the house, because developers found that when the developers delivered the “large public areas or open-air loess, green facilities, parking lots and clubs and other ancillary facilities have not been completed, simply do not meet the standard.†The developer believes that there was an agreement in the previous contract, as long as the relevant department "acceptance record form" can be submitted to the house, the documents are available so it is not a breach of contract.
Rights Protection Comments: Many owners have encountered similar situations. According to the terms of the old house purchase contract, acceptance of the record can be made. At the beginning of this year, the city launched a new version of the contract for the purchase of homes, supplementing the provisions on the need for simultaneous delivery of the package and demanding that it meet and meet the conditions for the other facilities such as the municipal public infrastructure and public services when the house is delivered. The lawyers of Real Estate Committee of Beijing Lawyers Association and the lawyer of Beijing Longan Law Firm Chen Xu said that while the new contract further implements the provisions for supporting simultaneous delivery, the government should also improve the acceptance criteria for the completion and strictly record the case to eliminate such disputes from the source. occur.
4, property management
Typical case: When the former property company evacuated, the property management start-up funds of about 3 million yuan were not handed over, nor did they explain their use and whereabouts. The owners of the Jianxiang Park in Haidian District expressed dissatisfaction with this practice of the former property company. The Xiangxiang Park Industry Committee sued Beijing Jingxiang Property Management Co., Ltd. to seek legal solutions to the dispute.
Rights Protection Review: Qin Bing, a lawyer of Beijing Hanzoo Law Firm, believes that the unclear whereabouts of property management start-up funds are problems in many communities, and no one has heard of which community has transferred property management start-up funds. It is likely that the owners are not aware of this. The result of the situation. The promulgation of the "Property Management Regulations" also provided the owners with a strong legal basis.
According to related regulations, “The start-up funds for residential property management are to be delivered to the property management committee or property management company in a one-time ratio of 2% of the construction and maintenance fee of the development and construction unit of the residential community.†The expenses for repairs and other expenses shall be included in the public maintenance fund and listed under the title of the title holder.
5. Postponed
Typical case: The developer should submit the house to the owner on October 31, 2007. At that time, the water, electricity, and gas were all ready in the Xihu Community. The elevator, monitoring, and other hardware equipments had been put into operation. Property, security, and cleaning services. Staff have also taken up posts.†However, the development companies have been involved in one another, and one of the parties has refused to go through the final procedures, resulting in more than 200 residential owners who have been unable to stay.
Opinions on rights protection: In case of default of overdue payment, Article 13 of the purchase contract expressly stipulates that the buyer has the right to check out after more than 30 days. If the buyer requires the continuation of the contract, the contract shall continue to be performed. From the day after the expiry of the agreed delivery term to the date of actual delivery, the seller shall pay the buyer a daily payment of all breaches of two-tenths of the liquidated damages. , and pay the buyer liquidated damages within 7 days from the date of actual delivery of the commodity house.
The second is no check-out, buyers have the right to require the developer to pay the overdue liquidated damages from the date of the contract submission to the actual delivery deadline, and pay 10,000 yuan per day for the total housing price. The developer should pay the penalty fee. Give home buyers, or overdue pay the penalty interest according to PBOC overdue loan interest rate.
However, the contractual contractual delay for the developer to pay the house is only two ten-thousandths, plus property appreciation and the buyer has occupied the first year of the first payment, the developer took the house back and did not suffer.
6, no license for sale
Case: In March 2002, Ms. Liu signed a "pre-sale contract" with a real estate development company. The pre-sale contract stipulated that: (1) Ms. Liu purchased a house sold by the developer and the house price amounted to RMB 540,000; (2) The delivery date of the house was December 30, 2002. After the signing of the contract, Ms. Liu paid the developers a first payment of 170,000 yuan (including a deposit of 10,000 yuan), and went through bank mortgage procedures, obtaining a mortgage loan of 370,000 yuan. On January 11, 2003, Ms. Liu went to check in according to the developer's notice and found that the house had serious quality problems. And learnt that the developer did not obtain a commercial house sales permit, Ms. Liu asked to check out.
Answer: Since the developer did not obtain a commercial house sales permit and did not have the statutory sales conditions, its sales act was illegal. Therefore, the purchase contract signed by the buyer and the loan contract signed by the buyer and the mortgage bank should be invalid and the buyer requested to check out. Should be handled in accordance with the "Contract Law" on the principle of dealing with invalid contracts to deal with, that is, the buyer has the right to require the developer to return the first payment (excluding the bank mortgage) of the property price of 170,000 yuan, and the right to ask the developer to compensate Some bank interest losses (usually calculated in accordance with the People's Bank of China deposit interest rates for the same period), but can not require developers to double the deposit refund. For the bank mortgage part, the buyer may require the developer to return the bank loan principal or the developer to repay the bank directly to the buyer, and the loan interest paid by the buyer shall be returned to the buyer by the mortgage bank or compensated by the developer.
7, overdue for the card
Mr. Yang bought a suite in the downtown area and stayed at the end of February 2007. According to the purchase contract, the developer is responsible for completing the real estate license for the owner within 2 years after the arrival, that is, before the end of February 2009, but up to the present, the real estate license has not been processed. Mr. Yang asked, "I bought a mortgage loan for this suite at the time. Now I have returned more than 2 years of mortgage. The real estate license has not come down. Can I temporarily suspend the repayment of the loan to the bank? After working hard, continue to repay the loan?"
Answer: For developer reasons, if a home buyer fails to obtain a home ownership certificate after the expiration of the following period, the developer shall bear the liability for breach of contract unless the parties have special stipulations: the subject matter of the real estate sales contract is an uncompleted house, since the house 90 days from the date of delivery; the subject matter of the contract for the sale of commercial housing is completed housing, 90 days from the date of conclusion of the contract. If there is no contractual penalty or the amount of the loss is difficult to determine, it may be calculated in accordance with the total amount of purchased home purchases and with reference to the standard of interest of overdue loans collected by financial institutions as prescribed by the People's Bank of China.
Special reminder: The contract for the sale of commercial housing or the time limit for the registration of housing ownership as stipulated in Article 33 of the Regulations on the Management of Urban Real Estate Development exceeds one year after expiry. Due to the developer's reasons, the purchaser cannot register the ownership of the house. A purchaser can request a lawsuit to terminate the contract and compensate for the loss.
Lawyers advise
Three kinds of potential risks affecting certification
There are three main reasons why developers can't handle real estate licenses:
1. Developers did not obtain a complete "five certificates" when they sold their properties, namely state-owned land use permits, construction land planning permits, construction project planning permits, construction project construction permits, and commercial house sales (pre-sales) permits. If the "five certificates" lack any card, it is impossible to get a real estate license.
2. Although the developer has obtained the "five certificates," he has changed the nature of the use of the house. For example, the relevant department approved the nature of the site as commercial land, and the developer changed it into a residential land and built commercial housing sales.
3. The developer has obtained the “five certificates†and has obtained a large property right certificate, but the developer has mortgaged the house to another person or bank to obtain a loan. The developer cannot handle the transfer procedure until the loan is repaid. If buyers purchase such houses, the risks are even greater. If the developer fails to perform the due debts in time, the mortgagee (bank) demands the realization of the mortgage, the buyer must have no property certificate, and may even have no right of residence. Finally, the buyer may only be able to go through lawsuits. Come back to pay for the room.
In addition, because the developers did not pay land transfer fees, they could not get a real estate license. It is hoped that homebuyers can make investigations and inquiries before buying a house and decide with discretion.
8, Overlord contracts fool people
Case: Mr. Lu, a consumer, signed a “pre-arrangement agreement†with a real estate company in 2006. Both parties agreed that the predicted building area of ​​the house is 79.99 square meters, the unit price is 4,600 yuan per square meter, and the total price is 367,954 yuan. However, the developer has added such clauses to the agreement: “The floor area of ​​the house is subject to the actual measurement area of ​​the statutory measurement agency. The delivery price is based on the final price determined by the price department.†“If A: Business ), B (Note: Refers to buyers) if both parties fail to negotiate or Party B asks to terminate the agreement, Party A will refund the pre-paid commission, and charge 100% of the pre-arrangement fee. "" Party B did not sign pre-sale with Party A overdue. If the contract is not negotiated with Party A, the deposit received will not be refunded.†Mr. Lu believes that the essence of the developer’s contractual agreement is to play with “uncertainty in the actual price†so that the two parties have agreed The "price per unit of 4,600 yuan per square meter" actually fell short, and gave developers the right to unilaterally increase the unit price of housing.
Comments: After the investigation of the sales format contract, a considerable amount of format contracts have varying degrees of inequality clauses, hidden forms of fraudulent, fooling consumer agreement. The main performances are as follows: First, developers and consumers do not agree on certain key issues, or refuse to stipulate, or set traps in the agreement, after the occurrence of disputes, the contract stipulated or did not stipulate the excuse for excuse, and consumers even complained. Also mostly in a contrarian or helpless situation. Second, the developer has arbitrarily changed the contracted housing design structure, or changed the use of public facilities such as lawns, flower beds, etc., and it has become a fait accompli when consumers pay the full purchase price. Third, the developer postpones the contract according to the contract. Should bear the responsibility for breach of contract, but in the face of the developer's various exemptions, the actual operations such as check-out, payment of liquidated damages have become difficult to fulfill.
9, "Fog watching flowers" area
Case: On September 16, 2006, Mr. Li signed a purchase contract with a real estate development company in Nanjing to purchase a set of 96 square meters of commercial housing. Mr. Li expressed that he did not understand the calculation of the housing area at that time. After the developer explained that the real estate area had been recognized by the relevant authorities, he accepted it. In November 2006, the heating station called for heating fees. Mr. Li discovered that the area of ​​the title certificate was different from the actual area. As a result, Mr. Li sought a retest at the Nanjing City Housing Quality Inspection Station. Soon the staff conducted an on-site measurement of the house, and concluded that the original housing measurement area was indeed incorrect, with an error of 8.8 square meters. The main cause of the error was the calculation of the terrace as a balcony within the building area.
Comments: In terms of housing area calculation, the actual construction area will be reduced, the shared area that should not be apportioned will be apportioned, and the area to be apportioned will be double-counted, and consumers will be deceived by using “shrinking†or “rising water†methods. In the process of handling property right certificates and other formalities, because some developers do not have the qualification to develop housing for sale or have not obtained government approval documents due to illegal operations, they are unable to honor their commitments and refuse or postpone the formalities on various excuses, resulting in consumption. The person loses the full right to the property transfer or sale.
10, property management fees are not disclosed
Case: The owner of a residential area in the east of the Chengdong district complained that since the delivery of the community in 2000, the property management office has never disclosed the income and expenditure status of the property management fee, but simply asked the owner to pay, even though the management fee per square meter. Not much, but the owners’ committee found that property management infringed the consumer’s right to know.
Comment: Infringement on property management is mainly manifested as follows: First, some property companies are employed by developers, and some are themselves subsidiaries of the developer. When the owners and developers have disputes, the property company naturally On behalf of the developers, they came to the opposite of the owners. Second, some property companies had deviations in their understanding of service responsibilities. They invert their positions. The so-called “Owners' Convention†is obviously unfair, restricting or harming the immediate interests of the owners. Unauthorized charges or unreasonable fees, charges or services are not perfect, the company is not in service, is offside in management, and even manages alternative services.
11. False advertising
Case: Mr. Wang in the north of the city complained that when he first bought a house, he saw that the community had a relatively loose public leisure place. Who knows, less than a year after staying, this situation has changed. As an overhead layer for greening, the developers and management offices have said that they have better served and improved the cultural life of the residents of the community. They have built chess rooms and gymnasiums similar to the clubhouse, and also charged the owners with certain entertainment fees. It is hard to accept.
Comments: Inaccurate advertising and false propaganda are mainly based on word concept games. They use language expansion and inaccurate methods to deliver false information, make some promises that cannot be verified and honored, and mislead consumers in purchasing. The main performances are as follows: Firstly, the actual property status is concealed by misrepresentation of languages ​​and icons; second, the low “starting price†is used as a decoy to reduce the real “cost-effectiveness†of the property; and 3 is to live in exaggerated greening and shared facilities, etc. Environmental publicity masks the actual property environment. Fourth, some housing agencies rely on the publication of false advertising to increase the illegal profitability.
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