-Zhangmutou Fengtai Elephant Tree Valley
20 16-07-03 Wansuo, the owner's living platform room in Dongguan
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I saw the house, paid the deposit, and waited for the contract to be signed with joy. But when the contract was formally signed, it was found that there were supplementary agreements besides the standard contract. Sign it, I think most supplementary agreements are biased towards the interests of developers; If you don't sign it, you can't buy the house and the deposit can't be refunded. Mr. Zhang of Zhangmutou Town recently circulated such a bad worry.
Mr Zhang works in Shenzhen. At the beginning of June this year, he took a fancy to Fengtai Oak Valley property in Zhangmutou town, signed a letter of intent with the developer Dongguan Long Ze Industrial Development Co., Ltd., and paid a deposit of 20,000 yuan. However, when signing the formal contract, Mr. Zhang found that there were many "overlord clauses" unfair to consumers in the supplementary agreement of the house purchase contract.
Owner: There is a "overlord clause" in the supplementary agreement.
Mr. Zhang said that in June of 13, he and his family took a fancy to the property of Fengtai Oak Valley (promotion name) in Zhangmutou Town. The actual legal name was Room 240 1 49, Taoyuan Project, Shang Feng, and they paid a deposit of 20,000 yuan.
According to the subscription agreement between the two parties, Mr. Zhang should pay 30% down payment when signing the Commercial Housing Purchase Contract with the developer. Mr. Zhang said that in June 19, when he happily went to the sales office to sign the contract, the sales staff not only issued the Commercial Housing Sales Contract (that is, the standard contract for purchasing houses), but also signed a supplementary agreement to be signed at the same time.
After reading this supplementary agreement, Mr. Zhang believes that the content of the supplementary agreement provided by the developer is also contrary to the format contract. For example, the agreement on overdue delivery requires the buyer to repair and rectify the quality defects in time according to the agreement in the Housing Quality Guarantee after completing the house handover procedures. The maintenance period shall not be regarded as overdue delivery of the house by the seller, and shall not affect the delivery of the commercial house.
Mr. Zhang also found that the developer's right to use the public part of the owner is different from the sales contract. It is stipulated in the supplementary contract that the seller or the property management company shall exercise this right on behalf of all the owners for all the parts owned by the owners. In order to promote the overall promotion and management of the Commodity House and the building where the Commodity House is located, the Buyer agrees to use the money as a subsidy for the Seller's promotion and operation of the Commodity House. Mr. Zhang believes that this paves the way for the future use of part of residential areas as property management profits.
In addition, most of the contents of the supplementary agreement, in Mr. Zhang's view, have evaded the risks of developers.
"According to the supplementary agreement, the seller can carry out advertising activities on the fa? ade, public parts and facilities of the building where the commercial house is located, and the seller does not need to pay relevant fees or bear responsibilities to the buyer or other property owners." Mr. Zhang said that this is obviously a part of developers using * * * for business activities! "
If you don't sign a supplementary agreement, the deposit can't be refunded.
On June 24th, Dongguan Industrial Development Co., Ltd., as a developer, issued a notice to Mr. Zhang, telling him to sign a commercial housing purchase contract and pay the remaining house price before July 1, otherwise, according to the agreement, the developer has the right to take back the house and confiscate the previous deposit.
Mr. Zhang and his family thought that since it was a supplementary agreement, there was room for discussion, but their reasonable request for increase was rejected. The sales person in charge of the sales agent told us that 20,000 yuan was the down payment. If the house purchase contract and supplementary agreement are not signed, and the down payment is not paid within the time limit, it will be regarded as giving up the house purchase, and the down payment will not be refunded.
"If the negotiation fails, the gold will not be refunded if it is not signed. Isn't this the overlord clause? " Mr. Zhang believes that the supplementary agreement is a paper agreement on the surface, and the two sides can sit down and negotiate one by one on the issues of concern, but the essence is that they must accept the conditions and choose to buy a house, otherwise they will lose the deposit.
"Few people understand these supplementary contracts word for word, but I didn't expect this contract to have these contents. Isn't that equivalent to digging a pit and waiting for consumers to jump? " Mr. Zhang said that the salesperson did not take the initiative to inform him before, and he did not see the supplementary agreement until he signed the contract. Are there more than a dozen buyers like him? Many buyers have not noticed.
The Consumer Council intervened in mediation.
The director came to the property yesterday, but as a developer, the door of Shang Feng Taoyuan Project Marketing Center of Dongguan Long Ze Industrial Development Co., Ltd. was locked, and there was no staff. Mr. Zhang said that he had brought all the necessary information and documents before the June 19 sale, but he could not reach an agreement with the developer on the supplementary contract agreement. On June 24th, I went to the building again to communicate with the other party, but I still couldn't reach an agreement.
In view of the fact that most of the supplementary agreements are beneficial to the developers, a recording provided by Mr. Zhang with an attorney shows that the other party said that the supplementary agreement could not be amended and the owner and the developer needed to negotiate. If he didn't give up the purchase, the house purchase deposit could not be refunded. Mr. Zhang said that the seller and developer representatives of the real estate said that if they have objections to not refunding the deposit, they can take legal measures to solve it. Mr. Zhang, who felt unfair, complained to Zhangmutou Town Consumer Council, which had intervened in mediation.
The director warned:
The hidden trap of the supplementary agreement of the house purchase contract has to be prevented.
The director learned that due to the restrictions of the terms of the standard purchase contract, some developers will require buyers to sign supplementary agreements for the purchase contract. The supplementary agreement on the purchase contract made by some developers has not been filed in the housing management department, which may contain hidden traps, such as exempting themselves from responsibility, aggravating the responsibility of the purchaser, or excluding the legitimate rights of the purchaser.
The director reminded the buyers to be alert to the clauses in the supplementary agreement, such as "If this supplementary agreement conflicts with the relevant clauses of this contract, the provisions of this supplementary agreement shall prevail". As far as the commercial housing sales contract is concerned, the order of its effectiveness from large to small is: the on-site signing clause is the first, the standard contract clause is the second, and the supplementary agreement and filling clause provided by the developer unilaterally are the third. The standard clause set in the above supplementary agreement is more effective than the non-standard clause, which violates the relevant provisions of laws and regulations.
According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts, if the seller accepts the buyer's deposit as a guarantee for concluding the commercial housing sales contract through subscription, ordering, reservation, etc., if the commercial housing sales contract cannot be concluded due to one party, it shall be handled in accordance with the provisions of the Deposit Law; If the commercial housing sales contract cannot be signed due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.
Some lawyers said that the purchase deposit is the guarantee for both parties to carry out the sales contract. If there is no justifiable reason, it is definitely not possible to return it by improper means. If the sales contract cannot be signed due to the failure of both parties to reach an agreement on the terms of the purchase contract, the deposit shall be refunded.
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