China Consumers Association released the second stage of unequal format terms and comments China Consumers Association released the second stage of the unequal format terms and comments on October 27, to analyze the problems existing in the sale and purchase contract of commercial housing.
■ The subscription deposit is difficult to return
Chengdu's "Xuanhuayuan Commodity House Subscription Book" stipulates: "If the subscriber chooses to make a one-time payment, the entire payment of the house shall be paid at the same time as the above-mentioned sales contract is signed, and the subscription deposit is automatically converted to the house payment. "
Comments: Commercial housing purchases are bulk consumption. Operators should leave a reasonable "hesitation period" for consumers so that consumers can study the relevant information in depth and decide whether to buy a house. If the deposit is requested within the "hesitation period", the deposit penalty shall not apply. ■ Unilateral expansion of termination rights
Tianjin's "Garden Garden Commercial House Subscription Agreement" stipulates: "If Party B violates any of the terms stipulated in the agreement, Party A has the right to terminate this agreement and has the right to sell the commercial housing referred to in this agreement separately. Party B shall not raise any objections. The deposit paid by Party B will not be returned. "
Comment: No organization or individual has the right to "confiscate" citizens' legal property. If one of the parties claims to terminate the contract, the other party shall be notified, and the contract may not be changed or cancelled without authorization. This clause is illegal and invalid. ■ Smart design
A villa in Tianjin stipulated in its supplementary contract for commercial housing: "The house is constructed of hollow bricks, and such hollow bricks are prone to cracks. When the house is delivered for use, if there are cracks in the beams, slabs, walls, etc., Party B shall not use this as an excuse. File lawsuits and claims. "
Comment: This format clause transfers the risk that the builder should bear to the developer to the consumer, generally exempts the developer from the construction quality responsibility in a vague language, and illegally deprives consumers of the right to sue and claim, which is invalid. Terms. ■ Fashionable money
A real estate company in Xiamen did not state that the house being sold was a finely furnished house when it was pre-sold, and the relevant materials such as the "commercial house sales contract" were not explicitly defined as a finely decorated house, but its supplementary agreement for the sale of commercial houses added Informed about the terms of fine decoration, and forced consumers to sign a decoration contract with × Decoration Engineering Co., Ltd.
Comment: If the developer delivers a well-furnished house, consumers should not be required to sign another contract with the decoration company. The house purchased by the consumer is provided by the developer, and the decoration standard should be agreed with the developer, without having to have a direct relationship with the decoration company. The way in which the supplementary agreement requires consumers to sign a contract with a decoration company actually passes the risk that should be borne by the developer to the consumer.
■ Area error trap
The Supplementary Agreement on the Purchase and Sale of Commodity Houses formulated by Xiamen × Real Estate Co., Ltd. stipulates: "When there is an error in the area, the buyer will not check out. The two parties will settle the price according to the price per square meter."
Comments: When there is an error in the area of the house, the main right of consumers is to choose to check out, claim compensation, and settle according to the facts. The above clauses, in the name agreed by both parties, provide convenience for developers to waive and reduce their own responsibilities, and are the most typical obviously unfair clauses.
■ Equal liability for breach of contract
A house purchase contract in Jilin Province has the following content: "If Party A delays the delivery of the house, each month will be delayed, and the penalty will be calculated based on 3% of the house payment paid by Party B. Party B shall be compensated. Party A pays the house payment as a breach of contract. Party A has the right to deduct a penalty of 10% of the house purchase price paid by Party B as a liquidated damages and not to go through the household registration procedure. "
Comment: The above-mentioned format clauses do not equate the amount of liquidated damages paid by the two parties to the contract. In essence, it increases the consumer's liability, reduces the liability of the operator, and violates the principle of fairness of the law. Consumers can apply to the people's court or arbitration institution for cancellation or change according to law.
■ One room, two sales, and fraud
Tianjin × Village's "House Purchase Agreement" stipulates: "After the two parties have signed the agreement, neither party shall breach the contract. If Party A resells Party B's house to others, Party A shall pay Party B 3% of the house payment as economic compensation to Party B. "
Comment: One house and two sales is a typical fraud, and the operator should bear double compensation liability. This clause relieves the operator of responsibility and deprives consumers of their main rights, which is an illegal and invalid clause.
■ Is not responsible for false propaganda
The "Supplement Agreement for the Sale of Commercial Real Estate" formulated by Xiamen × Real Estate Company stipulates that all pictures, data, descriptions in the advertisements, promotional materials (or platform model, sales brochures or other carriers) of the seller before the buyer signs the contract It is only for the buyer's reference and not as the seller's commitment basis. In the event of a dispute between the two parties, all details are based on the legal document finally approved by the government and the agreement between the two parties.
Comment: This clause excludes any possibility that commercial advertisements and promotional materials made by the developer become an offer, which facilitates its predominance and false propaganda. The clause also relies on government approval for all the details, and solemnly avoids its own responsibility. Its content conflicts with legal provisions and is an invalid clause.
■ Pay first when you sign a house
Guangzhou X Real Estate Company's "Subscription for Commercial Houses" stipulates that "When Party B pays the first installment and the related comprehensive expenses listed in paragraph 5 of this article, Party A shall sign a" Commercial Housing Sale Contract "with Party B." .
Comment: At the time of signing the subscription, the buyer has paid the deposit and provided a contract guarantee. The clause also stipulates that buyers must first pay the first installment and related comprehensive expenses before they can sign a commercial house sales contract, which actually reverses the order of signing and payment. Such clauses put buyers in a very unfavorable position and infringe on consumers' fair trading rights. They are unfair and unreasonable terms. Consumers should firmly refuse to sign such terms.