Advertising trap
In order to sell houses, some developers often describe the greening, landscape, halls, schools, kindergartens, swimming pools, gyms, parking spaces, supermarkets, floor area ratio, building spacing and other supporting facilities in sales advertisements (including sand tables and sales brochures), but this commitment is not written in the contract. In this way, when the green space becomes a parking lot, there is a big water pump under the house, and the road is unblocked in the foreseeable future. When the buyers ask for a statement, the developers shirk their responsibilities on the grounds that the planning changes have been approved by the planning department or the contract is unclear, and consumers are generally difficult to get compensation.
In the event of a dispute or lawsuit, the judge will generally judge the merits according to the terms of the contract, rather than completely watching the advertisement.
Sales trap
People in China always follow the crowd when they buy things. When I heard that there were many people looking at the real estate, everyone who wanted to buy a house was eager to try. It is precisely because of this blind obedience of consumers that some developers have set a trap for property buyers:
Use small profits to lure first, and engage in internal subscription before getting the pre-sale certificate. Internal subscription refers to the small-scale private pre-sale of commercial housing by real estate developers. Because the price of commercial housing subscribed internally is relatively low, it is naturally attractive to buyers. In this process, buyers think that they have picked up a bargain, and developers also take this opportunity to raise funds. However, the internal subscription of commercial housing is sold without obtaining the pre-sale permit of commercial housing, and its sales behavior is illegal. Therefore, once an accident happens, the legitimate rights and interests of property buyers are often not fully guaranteed by law. In this way, the buyer's investment is full of risks.
Second, create an illusion, and make a fuss about the number of houses, apartment types, orientation and price setting. The developer's approach is to launch a quarter or a third of the total pre-sale housing, and carefully match the units launched. Usually the worst apartment and floor are chosen first, so that on the one hand, those good units can be declared "occupied", on the other hand, these "ugly women" can be prevented from appearing in the end. Of course, some good rooms should also be mixed in here, otherwise it will cause the loss of target customers.
In price setting, the pricing of other units will be adjusted according to the sales situation of the units pushed in the previous period. Generally speaking, at the beginning of sales (opening), developers often set the price lower to attract customers with the so-called "lowest price" (usually towards the worst floor), and once customers come to buy a house, that "lowest price" will disappear. In practice, we will see that as long as the sales site layout and advertising hype are successful, the price will rise steadily.
Third, vigorously create on-site props and sales atmosphere. Developers (salespeople) often invite some relatives and friends to do "child care" at the sales site in order to create an illusion of booming sales, and disguise them as red on the sales performance chart (the red logo represents the sold units), which makes people feel that the real estate is selling well and booming, thus triggering customers' desire to buy.
Fourth, set a deposit trap. We often encounter such a situation. Once a customer takes a fancy to an apartment and shows a little intention to buy a house, the salesperson will tell you that there is only one apartment. If you don't pay the deposit, others will buy it and ask the customer to pay the deposit immediately. If the customer says that he has not brought enough deposit, the salesperson will ask the customer to pay a "small deposit" of 500 to 1000 yuan first, sign the subscription agreement, and then ask the customer to pay a "large deposit" the next day. Once the customer has handed in the "big order", the salesperson has completed the task of trapping the customer. Because the subscription agreements we see often have such a clause: "If the contract is not signed within the agreed time, the deposit paid will not be refunded". After signing the subscription agreement, many customers do not want to buy the house they subscribed for after repeated consideration, but in order to avoid the loss of the down payment, they will sign the contract that they are unwilling to sign, thus bringing greater losses to themselves.
"Five Certificates" Trap
Legal and formal real estate developers must have complete "five certificates" and "two books". The so-called "five certificates" refer to the state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit (also known as construction project commencement permit) and commercial housing sales pre-sale permit; "Second Book" refers to the "Residential Quality Guarantee" and "Residential Instruction Manual", which are also the basic requirements of the law for the seller.
However, in practice, some developers (salespeople) often find excuses not to show the originals of these documents in order to cover up the false situation, or they hold relevant documents to approve a certain procedure, or the words are placed at the company headquarters far away from the sales office. Salespeople often ask customers to sign a subscription book or contract first, and once customers pay a deposit or purchase money, if there are any problems, developers (salespeople) will immediately change their faces, and customers will no longer see the smiling face full of spring when salespeople sell houses.
Contract clause trap
When a customer decides to buy a house, it is necessary to sign a commercial housing sales contract with the developer. Under normal circumstances, the developer (salesperson) will hand over a proposed contract to the customer, and there will be many gaps in the contract. Some places need to be confirmed and injected by both parties, while some optional places may still be empty. At this time, buyers often think that everything has been stated, even if the contract is completed, but it is these gaps that provide conditions for developers to cheat in the future. For example, article 15 of the standard contract, "If the property right certificate is overdue, the liquidated damages shall be calculated according to three ten thousandths of the total house purchase price every day", but the developer (salesperson) designed this clause carelessly and assumed the liability for breach of contract according to three ten thousandths of the paid house purchase price. Not long ago, we read a case in the newspaper: the application was delayed for more than one year before it was submitted to 96 yuan. Or when it can't be handled on time, simply let the buyer check out. In other contracts, the breach clause seems fair on the surface, but in fact it is unfair. For example, it is agreed that any party shall pay a penalty of 40% of the total house price when canceling the house purchase contract. This is actually just to limit the purchase of houses, and developers generally cannot recover the houses they sell.
Special reminder:
In order to avoid being cheated by buyers, I suggest you take the following measures to prevent traps:
First, we must have a strong sense of law. For buyers, it is important to choose the location of the purchased house and lower the price, but we think it is more important to see that traps are everywhere in the irregular real estate market. Therefore, it is necessary to understand the relevant laws and regulations, consult professionals (especially professional lawyers), and understand the laws and knowledge about buying houses. Only in this way can we better safeguard our legitimate rights and interests.
Secondly, we should fully exercise the rights conferred by law and always adhere to the principles of equality, mutual benefit and consensus in the transaction process. Fair trade is a legal principle. At present, in the process of real estate transaction, developers (salespeople) are in a strong position, and the information between them and buyers is extremely asymmetric, so there is a phenomenon that developers (salespeople) do overlord business. To this end, consumers should maintain a correct attitude, make the problem clear and detailed when buying a house, and resolutely refuse to sign or buy if they have objections, unclear agreements or dissatisfaction with the terms of the contract; We must adhere to the principle of persistence, and don't compromise casually because of one thing at a time, thus bringing endless troubles and huge economic losses to ourselves.
Third, we should sign the contract carefully and keep the evidence. In the process of buying a house, don't believe the sweet words of some developers (salespeople). When signing a contract, you must carefully examine each clause and ask the relevant questions clearly and clearly; All the promises you wish to get and the contents of the agreement already reached between the two parties must be recorded in writing, so as not to become empty checks in the future. When the house is recovered and after occupancy, once problems are found, all kinds of evidence should be kept, and if necessary, relevant facts can be kept through notarization to prove the existence of infringement facts.
Finally, we should learn to rely on professionals and take up legal weapons to safeguard rights. Housing sale is different from general consumption, involving engineering, quality, contract, property management and other fields, and the relevant laws and regulations are more complicated. Even after many investigations, it is generally difficult for buyers to find out the crux of the problem through personal efforts. Therefore, if something bad happens to you, or you have a premonition that risks may come, in order to effectively safeguard your legitimate rights and interests, you should get in touch with professionals, legal persons, intermediaries and rights protection organizations in this field in time and seek help.
First of all, from the perspective of location and distance, you must first determine your own goals. At the same time, we should reasonably evaluate our economic ability. This is related to the total house payment. Don't be too advanced, consider the current and future economic affordability, and consider buying a house from your own economic strength. When buying a house, it depends on whether the developer's project certificate has the sales conditions. Pay attention to the development schedule of the whole project, which is related to the occupancy time of buyers and the construction interference of other projects.
It is necessary to see clearly whether the planning, design and supporting facilities of the whole project meet their own needs, whether they meet the convenience of life and the comfort of living. Now there are many finely decorated houses, so it is necessary to pay attention to whether the decoration between the early model houses and the late auction houses is unified. For rough houses, we must pay attention to the rationality of the internal structure of the house, including the actual use area. Because the shared area of tower and board building is different.
At present, many hot complaints are in auction houses. The new commercial housing contract began to be used on March 5, and there are many matters that buyers need to pay attention to, including the annex to the contract, whether it is beneficial to the buyers themselves.
Property management is also an aspect that needs attention when buying a house. People who buy a house are becoming more and more mature. Before buying a house, it is necessary to find out the charging standard of the property to avoid disputes after moving in. And when buying a house, it should be noted that it depends on whether the purchased house has been mortgaged or mortgaged.
Judging from the overall trend of buying houses, there is no doubt that house prices are rising. It is unlikely that the price will be reduced in the next two to three years. Then consumers should buy houses according to their own needs. Because the future policy will require more and more developers, coupled with the control of land, the problem of developers' funds, the use of new materials and technologies, and the improvement of the overall environment and planning, these will increase the housing cost. Therefore, if there is housing demand, there is no need to hold money for purchase, and this increase may continue, even higher in the future.
Legal issues involved in the process of buying a house
As a property buyer, this is a very important issue in the lives of ordinary people, that is to say, you have to settle down before you can work in peace. Therefore, for ordinary people, buying a set of satisfactory housing is a very important issue. But there are many problems in the process of buying a house, which are disclosed in newspapers or other news media from time to time. In fact, many problems should be said that many problems can be avoided if buyers are more cautious and have a better understanding of the knowledge of buying houses.