In response to the current commercial housing market, there are many irregularities in the commercial housing market, and the Chinese Consumer Association released a review of the 9 inequality formats in the commercial housing contract.
Fanking deposit is difficult
Chengdu "×× Garden Commercial Housing Subscription" stipulates: "The Subscriber chooses one-time payment, and should pay all room funds while signing the above-mentioned sales contract, the subscription deposit is automatically turned to room, and the subscription payment for the overdue will not refund "
Comments: Commercial housing sales belong to bulk consumption, operators should have a reasonable "hesitation period" for consumers, so that consumers have in depth research, comprehensively understand their rights, obligations, and independently decide whether to buy houses. If you ask for a decision to give a decision, it is not applicable to the deposit.
Unilateral expansion
The "× × Subscription Book" established by Guangzhou XX Real Estate Development Corporation: "For example, within the above period (within ten days of signing book), the Subscriber failed to pay the above-mentioned preparation, the sale of the subscription The payment of the payment is confiscated, and it has the right to sell the property separately without the need to inform the subscription party. "
Comments: "Confiscation" belongs to mandatory measures, is the relevant administrative organs, the judiciary can exercise the power in accordance with its functions. Any organization and individual have no right to "confiscate" the legitimate property of citizens. The two parties of the consumer transaction are equal, and they must not add their own will to the other. The parties advocated the release of the contract, and should notify each other and may not change or dispense the contract without authorization.
Reduced responsibility
The "×× Subscription" provisions established by Guangzhou XX Real Estate Development Corporation: "Before the signing of a formal pre-sale contract, if the property cannot be sold due to the selection, it is not subject to any conventions. The money is set without having to attach interest or compensation. "
Comments: According to the law, accept one party who accepts the deposit does not fulfill the agreed debt, and should be double returned. This provision means that when developers have faults, not only is not subject to any punishment, even if interest and losses have to be borne by consumers, it is illegal and invalid.
Ambitious money
When the Xiamen XX Real Estate Company did not tell the house in the sale of houses, "commercial housing sales contract" and other related materials have not explicitly prepared for fine decoration rooms, and the "commercial housing trading" In addition to the provision of unclear articles, the provisions relating to hardcover repair areas, and forced consumers and developers' brothers-×× decoration engineering limited liability company signing a decoration contract.
Comments: If the developer delivered a fine decoration, consumers should not be required to sign up with the decoration company. Consumers purchased by the developers, the decoration standards should be commercialized with the developers without the relationship with the decoration company. In addition, consumers should be signed by consumers and decorative companies, which will actually be passed on the risk of the developer to consumers.
Default responsibility is wrong
A consumpquis of Jilin Province's disadvantages in the purchase of rooms in the purchase of rooms, the parties must be delivered to the real estate, and Party A, if they extends the house, and Party B is almost a month. 3% of the payment payment is calculated, paying for Party B. If Party B will pay the household funds to Party A by failure, Party B shall be deemed to be a contract, and Party A has the right to deduct 10% of the amount of less than 10% of the amount of money.
Comments: The above format terms are not equal to the payment of the contract between the contract. It is essentially an increased consumer responsibility, reducing the responsibility of the operator, and violating the legal principles of the law. Consumers can apply for people's courts or arbitration institutions according to law to revoke or change.
Area error trap
Xiamen XX Real Estate Co., Ltd. stipulates: "When the area error, the buyer is not retired. Some of the area errors shall be settled in a set of housing prices according to each square meter price."
Comments: When there is an error in the house area, check out, ask for compensation, and according to settlement, etc. is the main right of consumers. The above terms are in the name of the two parties, providing convenience for developers from developers, and improving their responsibilities, violating consumers' independent choice, fair trading rights, is the most typical loss of fairness. One room two sells fraud
Tianjin ×× Village "Buying Agreement" stipulates that after signing the agreement, any party must not breach, if Party B is purchased to others, Party A shall pay for Party B, and Party B has paid 3% as a financial compensation for Party B. If Party B does not have any legal reasons, it is considered to be deflated by Party B, and Party B shall deduct 3% of Party B as a liquidated damage fee, and buckle it with Part B and the deposits are 元; Party B retreats Returned by Party B.
Comments: One room and second sale are typical fraud, operators should bear double compensation responsibility. The terms use consumers who do not understand the law, eliminating the responsibility of operators, depriving consumers' major rights. It is illegal and invalid.
False propaganda is not responsible
Xiamen XX Real Estate Company has developed the "Commercial Housing Trading Supplementary Agreement" stipulates that all pictures, data data, and information data, the seller's advertising, promotional materials (or floor plan model, sale book or other carrier) before buying a contract Description, etc. For reference only, it is not asked for the commitment of the selection. When the two sides have disputed, all details are based on the legal documents and the agreement of the government.
Comments: This Terfe I eliminate any possibility of developers to make commercial advertising and publicity materials, and provide easy-to-huang, making false propaganda. The terms are also based on the government approval with all details, and the emperor escapes your responsibility. Its content is in contact with the law, which is invalid.
Buy a house to sign the contract first
The "× × 商品 商品 认 认" stipulated in Guangzhou XX Real Estate Company, "Party B is divided into the comprehensive fees listed in Party B and the relevant comprehensive expenses listed in paragraph 5 of this article, Party B should sign" commercial housing sales contracts " "".
Comments: When the book is signed, the buyers have delivered the deposit and provide a constant guarantee. The provision stipulates that buyers must first pay the first period of households and comprehensive expenses, in order to sign commercial housing sales contracts, actually reverse the order of signing and payment. This provision puts the buyers in a very disadvantageous situation, infringing the fair trading rights of consumers, belonging to unfair, unreasonable clauses, consumers should resolutely refuse to sign such provisions.
China Consumers Association reminds the majority of consumers, be sure to understand the laws and regulations on commercial housing trading before signing the contract; pay attention to the developer has no bad records and land use rights, construction project licenses, construction project planning licenses, construction license Whether the "five certificates" and other "five certificates" and other "five certificates", etc., it is necessary to ask developers to provide "commercial housing sales contract" and related materials, especially for supplemental agreements, accessories, and both parties to be seriously investigated, don't In the case of unknowing, the deposit is carried out; for the loss of fair terms, we must resolutely ask the other party to revise, do not sign the inheritance of the injective guide, publicize advertising, sand table model, and oral commitments. (This newspaper Beijing October 27th)
