Beware of the seller's "speaking like a book"
Case:
Liu Jing is an employee of a company in Urumqi. She has saved enough down payment to buy a suite for her parents in Urumqi. So I used my holiday time to travel all over the major properties, and finally chose a property in the development zone, but Liu Jing wanted to discuss it with his family before making a decision. The seller suggests that you can pay the "down payment" first, and then consider paying the down payment directly later. If you are dissatisfied with the "down payment" to avoid being preempted by others, Liu Jing thinks it's a good idea. So I paid a deposit of 10000 yuan and went home to discuss with my family. As a result of discussion with family members, everyone thinks that the houses there are too biased and the transportation is inconvenient. Liu Jing had to take the receipt to the sales department for a refund. Unexpectedly, the sales department did not agree to the refund, saying that you can't return it if you look at the receipt. Liu Jing can't, so we have to find someone who knows the inside story, but the story is the same.
Who is right?
On this issue, the editor interviewed an insider in the real estate industry. He said that from the human point of view, the seller's approach was wrong. They violated the original promise, but from the receipt, they were right. Because "deposit" and "deposit" are completely different in essence, deposit has legal benefits, and there is no clear stipulation on deposit in law.
Interpretation of "down payment" and "down payment"
"Deposit" refers to a certain amount of money that one party agrees to pay to the other party as security for creditor's rights. It belongs to a legal way of guarantee, and its purpose is to urge debtors to perform their debts and ensure the realization of creditor's rights. When signing a contract, the deposit must be agreed in writing, as well as the amount and delivery period of the deposit. If the party paying the deposit fails to perform the debt, it has no right to ask the other party to return the deposit; If the party who accepts the deposit fails to perform the debt, it is necessary to double the debt to the other party. After the debtor performs the debt, the deposit shall be taken as the price or recovered as agreed.
At present, there is no clear stipulation on "deposit" in Chinese law. Without the guarantee nature of the deposit, it can be regarded as "advance payment". If the contract cannot be performed, in addition to force majeure, it shall be liable for breach of contract according to the faults of both parties.
Therefore, buyers should beware of the seller's "speaking like a book" and see the bacterial content on the receipt clearly, instead of just listening to the seller's "mercy". Moreover, if there is anything unclear, they can ask people in the industry.
Property buyers should inspect the market on the spot instead of letting it go.
The 28-year-old pony is going to buy a house and get married. After inquiring about a property, she decided to buy it. At the beginning, the salesperson promised that she could check in at 654381October 30. This is also in line with Ma Xiao's meaning. 10 10 began to decorate on October 30th. The book was finished in two months, and the wedding date was set for New Year's Day the following year. Confident pony added capital and began to prepare decoration expenses and wedding supplies. Xiao Meimei thought that by June 30th, 2000, the property was not finished at all. Pony had to go to the sales center to find out, but the sales staff of the sales center said that there was no way, and they could only hand over the house in June next year. Now because of the problem of capital chain, the construction period is delayed again and again.
At this time, Ma Xiao had a brainwave and went to the construction site to see how the construction progress was inconsistent with what the sales staff said. Pony is in a hurry. Is there a pre-sale permit for this property?
Editor's suggestion: when buying a house, buyers must make clear whether the project has a pre-sale permit. Secondly, they must inspect the progress of the construction period on the spot, instead of letting it go.
Conditions for handling the pre-sale permit:
According to Article 44 of People's Republic of China (PRC) Urban Real Estate Management Law, the pre-sale of commercial housing shall meet the following conditions: 1. Having paid all the leasing fees for land use rights and obtained the certificate of land use rights; Holding a construction project planning permit; (3) According to the pre-sale of commercial housing, the funds invested in development and construction have reached more than 25% of the total investment of the project construction, and the construction progress and completion delivery date have been determined; 4. Go through the pre-sale registration with the real estate management department of the people's government at or above the county level and obtain the pre-sale permit certificate of commercial housing.
Buyers should understand the situation of the property market and don't rush to buy a house.
As a property buyer, you should have a comprehensive understanding of the overall trend of the property market. Real estate knowledge is not the patent of real estate owners, but the information that buyers must master. For example, cutting interest rates twice this year can greatly improve consumers' purchasing power. Therefore, to inject into such a market, buyers must know.
Secondly, don't be dazzled by the dazzling preferential measures of housing enterprises, and calmly choose the preferential methods that really suit your conditions.
(The above answers were published on 2015-01-14. Please refer to the actual situation for the current purchase policy. )
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