China Consumer Association issued a report on commercial housing complaints: "price increase" and other five major issues, leading to disputes

2021-11-03

Housing demand is one of the most important consumption needs of ordinary people, and it is usually the consumption with the largest single expenditure. On November 2, the special report on commercial housing complaints issued by the China Consumer Association pointed out that ordinary consumers have less frequent commercial housing transactions and lack of relevant knowledge, and the real estate transactions are related to many industries such as finance, which complicates the problems of commercial housing transactions. There are five major problems, such as hidden mystery in housing quality and "price increase" in disguised form to raise selling prices, which often lead to consumption disputes. According to the report, in terms of house quality, the main problems complained by consumers are: first, the house quality is poor, the wall and ceiling are cracked, the foundation is sinking, the roof is leaking, the pipeline is leaking, etc; Second, there are hidden mysteries in the hardbound repair room, such as false materials, high-end publicity, low-standard configuration, rough process, poor quality, etc; Third, concealed works cut corners and use defective materials; Fourth, the layout of hydropower pipelines is not standardized, and unqualified and inferior materials are used. The project quality of the same community is similar, and it is easy to cause group complaints in case of quality problems; Fifth, the house has quality problems and is not repaired in time or the maintenance quality is poor. In terms of housing prices, the main problems complained by consumers are: first, when buying a house, it is required to buy decoration packages, upgrade packages and other expenses, so as to raise the house price in disguise. Some real estate consultants of lottery hot sales implicitly told buyers that they could not sign a house purchase contract without buying a "decoration upgrade package"; Second, collect fees outside the house price at will, such as group purchase fee, number arrangement fee, transformation fee, account opening fee, etc; The third is to confuse the deposit, deposit, intention deposit, etc. Some developers collect earnest money when selling, and turn the earnest money into a deposit without the consent of consumers when selecting a house, and issue a special receipt. In case of dispute, refuse to refund the deposit on the ground that the deposit is not refunded. In terms of sales publicity, the main problems of consumer complaints are: first, concealing the nature of the house and inducing consumer transactions in violation of regulations, such as concealing the situation of Limited sales of houses (no transfer of ownership within the limited sales period) and the property right period of apartments (mostly 40 years), which damage the rights and interests of consumers; Second, make false publicity and false promises in the form of pictures, words, on-site display and oral commitments; Third, induce unqualified consumers to buy houses in the name of assisting in handling loans; Fourth, concealing important adverse factors and failing to fully fulfill the obligation of disclosure, such as surrounding facilities; Fifth, exaggerate and publicize the favorable conditions of housing and induce transactions, such as school district housing, traffic conditions, etc. In terms of contract performance, the main problems of consumer complaints are: first, the delivered house is inconsistent with the model house and Loushu publicity. For example, the floor height of the house becomes lower and there are more beams; Second, the area of the house has shrunk, which is inconsistent with the area agreed in the contract; Third, the developer delayed the delivery of the house and refused to bear the liability for breach of contract; Fourth, after the house is handed over, it cannot assist the owner in handling the transfer in time; Fifth, the green belt and fitness area are not delivered with the room or changed to other purposes, such as changing the swimming pool into parking space; Sixth, unfair standard clauses are implemented by means of supplementary agreements and special agreements. In terms of housing intermediaries, the main problems complained by consumers are: first, some housing intermediaries resort to fraud, such as publishing false housing information, opaque housing prices, concealing the real situation of houses, etc; Second, there are some phenomena of arbitrary charges, such as collecting agency fees and bank loan handling fees without informing or without the consent of consumers; Third, some housing intermediaries operate in violation of regulations, such as divulging the personal information of buyers and sellers, promising to handle bank loans, supervising funds for buyers instead of banks, taking the house purchase money as their own or misappropriating it for other purposes, etc; Fourth, some intermediary companies and staff confuse the concepts of online signature filing, online signature intermediary and mortgage, mislead buyers, and make it impossible to realize online signature transfer after paying the down payment and intermediary fee; Fifth, some use standard terms to infringe upon the legitimate rights and interests of consumers or fail to perform in accordance with the contents of the contract. For issues related to the commercial housing market, the China Consumer Association said that it should adhere to the principle of "housing without speculation" and safeguard the healthy development of the real estate market and the legitimate rights and interests of housing consumers. Real estate enterprises shall operate in good faith according to law and deliver qualified products with quality and quantity. Real estate enterprises should ensure the quality of houses in strict accordance with the construction quality standards, deliver qualified houses and documents such as residential quality guarantee and residential operation manual to consumers, and put an end to problems such as rough manufacturing, Jerry building, false publicity, improper induction, unauthorized change, arbitrary breach of contract, binding price increases, arbitrary charges, Overlord terms, prevarication and responsibility. Housing intermediaries shall strengthen management, effectively restrict employees, earnestly perform their due obligations, eliminate the information gap, provide convenience for all parties to the transaction, effectively improve the service value, and eliminate the infringement of consumers' legitimate rights and interests by publishing false information, concealing the true situation, and using unfair format terms. At the same time, the China Consumer Association said that consumers should pay attention to seeing and asking more when buying houses and strengthen self-protection. We should carefully check the qualification and reputation of real estate development enterprises and housing intermediaries. When purchasing a new house, pay attention to the state-owned land use right certificate, construction land planning license, construction project planning license, construction project construction license, commercial housing pre-sale license or commercial housing sales license. For the location, environment and supporting facilities of the house, do not credulous oral commitments, and important contents must be written into the contract. Pay attention to the understanding of housing property rights, purchase restriction policies, loan conditions and other relevant contents. If you don't meet the purchase conditions, don't take chances and expect the operator's false commitment. Before signing the contract, carefully read and fully understand the contract terms, supplementary agreements and contract annexes, such as house area, floor, house number, house price, delivery time, delivery standard, conditions for termination of the contract, liability for breach of contract, etc. We should pay attention to preserving the publicity materials of real estate and intermediaries, house purchase contracts, payment bills, model house materials and other evidence, so as to safeguard our own legitimate rights and interests. During House acceptance, the house project quality and supporting facilities shall be accepted one by one according to the standards agreed in the house purchase contract, and records shall be made. If conditions permit, relevant supervision institutions and professional house inspectors can be hired for acceptance together, and attention shall be paid to checking and keeping the residential quality guarantee and residential operation manual. In case of disputes, protect rights in accordance with the law in time. (outlook new era)

Edit:Ming Wu    Responsible editor:Haoxuan Qi

Source:jjckb.cn

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