Buying a house encounters an "unscrupulous" intermediary.
Recently, Ms. Huang told us about her real experience of buying a house through the column "Talk in the Lawyer's Office". She wants to remind buyers in Shanghai to be careful not to fall into the trap of swindlers.
Ms. Huang said that she and her husband are both ordinary working-class people. Her husband is in the army. Currently living in the military compound, soldiers always leave the army. Therefore, she plans to buy a house of her own in Shanghai and have a stable home.
"We have been working hard and struggling ..."
Encouraged by their parents, they decided to look at the house first and get to know the property market in Shanghai. Their first thought is to find a house through an intermediary. They found a well-known real estate agent in Shanghai. The advertisement was loud and it was a big brand. They think that the services of famous real estate agents must be very good, and they trust them, but this is the beginning of a nightmare. ...
The intermediary's self-exposure is based on observation.
Ms. Huang said that they are not in a hurry to buy a house and live in the military compound. They just want to have a look first and then consider buying a suitable house. Since leaving a message in the real estate agent, the agent will call them every two days to see the house. The intermediary also said that "significant amount" is one of the assessment criteria, so that Ms. Huang and her wife can help look after the house.
Ms. Huang has repeatedly stressed that she is not in a hurry to buy a house and the funds are not in place. Her husband's provident fund loan will definitely not come down this year, and it will not be done until 20 16 1. The intermediary's "spirit of looking at the house" is commendable, and they will continue to look at the house. This is Ms Huang's first compromise.
Save 50 thousand! I was fooled by the intermediary and paid a deposit.
After reading it for a while, I met a relatively suitable house. The agent said that the house was selling quickly and the demand was in short supply, so he immediately arranged an appointment with the landlord. The store manager told Ms. Huang that the provident fund can fully borrow 500,000 yuan. The intermediary took Ms. Huang and the landlord to different rooms to talk about "the details of buying a house". Ms. Huang paid a deposit of 50,000 yuan to the intermediary without knowing the housing information with the landlord.
It was not until the day when the purchase contract was signed that Ms. Huang knew that the landlord was particularly anxious to sell the house. She can't wait for 20 16, so she needs to transfer the ownership immediately. The intermediary did not inform Ms. Huang about the landlord. The landlord doesn't know about Ms. Huang either. The agent told the landlord that Ms. Huang was in a hurry to buy a house, and they could accept commercial loans completely, and the housing sales process could be completed soon.
Ms. Huang realized that she was "fooled"!
If you don't sign the house sales contract, the deposit of 50 thousand yuan will be wasted. In the end, Ms. Huang compromised, and the three parties compromised. The landlord and the intermediary each compromised 5,000 yuan. Ms. Huang chose 500,000 provident fund loans and 300,000 commercial loans.
If you use a pure provident fund loan without a portfolio loan, you can save 70,000 yuan in interest. The agent said that they have no responsibility, and 5000 yuan is already a great favor! Ms. Huang and her wife were in a dilemma, and they fought back their anger and signed the contract. This is Ms. Huang's second compromise.
Confused commercial loans are over 370,000 pure public loans.
I thought it was all over, but I never expected to go to the bank to apply for a loan and met a bad thing. The bank told Ms. Huang that the provident fund can only borrow 430,000 yuan, but not 500,000 yuan in full. Seventy thousand! Only commercial loans can be transferred!
Ms. Huang said that the intermediary did not answer her phone at all, nor did she return to WeChat, and ignored them. The house was "lost" before it was transferred to the intermediary.
Lawyer's explanation
When signing a gold contract, be careful not to return it without evidence.
Lawyer Jia Xiaohui of Shanghai Ruipu Law Firm said that according to the relevant provisions of the Guarantee Law, the parties may agree that one party will pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Lawyer He of Shanghai said that the deposit can be used not only as an advance payment for the house, but also as a guarantee for the house sales contract. Judging from the cases published by China's Supreme Law, the significance of an appointment contract lies in creating conditions, continuing negotiations under the principle of fairness and good faith, and finally concluding a formal and complete contract.
If one party violates the principles of fairness, honesty and credit, or puts forward unreasonable conditions unacceptable to the other party, or refuses to continue to negotiate to conclude this contract, it constitutes a breach of the appointment contract and shall bear the liability for breach of contract agreed in the appointment contract.
If, after paying the deposit, Ms. Huang Can proves that the real estate agent violated the principle of good faith in the process of buying and selling houses, she can ask the intermediary to return the deposit. At this time, she advocates the expected liability for breach of contract, rather than applying the deposit to punish and double the deposit.
Real estate agents can play a "double spring" complaint intermediary.
At present, the threshold of real estate agency in China is very low, the supervision is lacking and the law is blank. Like Ms. Huang and his wife, many people must have encountered or are experiencing the experience of buying a house. It is suggested that Ms. Huang Can complain to the agency headquarters and give some warning and punishment to the agency personnel.
In the process of buying a house, many problems can be avoided if you are relatively familiar with Shanghai's housing policy and bank loans. If Ms. Huang learned about the purchase process and the traps that may be encountered in the purchase from friends around her or through the Internet before buying a house, it can be avoided.
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At present, many property buyers are "blindly following" real estate agents. Believe whatever the agent says, and even let the agent lead the way, it is very undesirable. It is recommended that the majority of property buyers carefully choose real estate agents, and at the same time make up the common sense of buying houses, and don't be deceived again.