"No reason to return a house" looks beautiful, but can buyers really return the house without reason? Is "no reason to check out" just a deposit refund or a refund of the paid house price? In the actual purchase process, can property buyers really "return a house without reason"?
"True retreat" or "gimmick"
This wave of "no reason to check out" after the Spring Festival is actually a helpless move of real estate enterprises under the epidemic situation.
Under the impact of the epidemic, the property market sales almost fell to freezing point. The overall turnover of 27 key cities monitored by Ke Rui in February was only 2.4 million square meters, down 77% year-on-year, the biggest drop in history. The property markets in Wuhan, Ningbo and other cities even had zero transactions in February.
From the enterprise level, the sales of most real estate enterprises dropped sharply in February. For example, the sales amount of the Capital Land Purchase Contract decreased by about 89%, that of Xincheng Holding Contract decreased by 56.55%, that of Country Garden Equity Contract decreased by 49.97%, that of Poly Development decreased by 39.94%, and that of Sunac China decreased by 33. 17%.
Under the epidemic situation, real estate enterprises with extremely high requirements for cash flow have tried their best to sell houses. In addition to the rapid launch of online sales and on-site sales, the "no reason to check out" initiative is also extremely eye-catching.
If Sunshine City has made it clear that from February 6th to March 3rd1,there is no reason to return the designated houses after initialling and paying the specified down payment ratio; Xincheng Holdings stipulates to subscribe online in "Room E, Xiao Xin" on February 1-28, and can return the house unconditionally within 60 days.
According to the reporter's incomplete statistics, since the resumption of work one year ago, Sunac China, Midea Real Estate, Cosmos Real Estate, Times China, Fantasia Year, Joy City, Country Garden and other real estate enterprises have all introduced similar "no reason to return a house" measures, with the term ranging from 30 days to 180 days.
Then, is the "no reason to check out" launched by real estate enterprises a real refund or a gimmick?
A recent survey by the National Business Daily reporter found that some housing enterprises have launched the "no reason to check out" initiative, but in the actual operation process, they are often just playing word games, including many routines.
"Check out" can only refund the deposit.
"Let me send you our real estate information. Now we are all looking at houses online. If you think it is suitable, you can pay 1000 yuan for settlement. We have no reason to check out now. " This is the information pushed by the sales staff of a real estate in Zhengzhou recently received by the reporter of National Business Daily on the mobile phone.
But when the reporter asked what "no reason to return a house" meant, the salesperson said, "It is to return your 1000 yuan (deposit) to you."
The reporter's investigation found that at present, many real estates promise "no reason to return a house", just "refund the deposit". As for signing the contract, it directly means "unable to check out".
"You need to pay a subscription fee of 50,000 yuan, and you can pay the house price in full within the specified time. If you choose to check out, we can refund the subscription fee in full. " The staff of Langham House in Beijing told the reporter: "After signing the purchase contract, you can't check out the money."
Beijing Happy Academy project property consultant told reporters that the current real estate deposit needs 300,000 yuan, which can be returned in the name of "no reason to return a house". However, he also revealed: "We can lock the housing in 0 yuan now, as long as you submit the corresponding customer information."
In other words, the property even saved thousands of dollars from other families. According to the property consultant, about 10 customers choose to book rooms in 0 yuan every day.
When answering that the house payment can be refunded, he chose to avoid it: "If you think our project meets the requirements, you can pay the house payment again. If you are not satisfied, then you don't have to toss. "
A number of intermediaries in Beijing also told the National Business Daily reporter: "At present, almost all new houses can only be returned. Once the contract is signed, it cannot be returned."
Experience of three "check-out" people
In fact, "no reason to check out" is not new. As early as 1995, SOHO Modern City proposed "no reason to check out" for the first time. At 200 1, Pan Shiyi's unreasonable check-out policy became "annual interest 10% unreasonable check-out", which means that the time cost of refund is included.
The sales staff of Langham House Bay also told reporters that the deposit can be refunded. "But it will take a month."
Then, what should buyers do if they want to check out after signing the purchase contract? In the investigation, the reporter found that this is a long and laborious process compared with refunding the deposit.
"My down payment for house purchase has been with the developer for nearly 9 months. I don't know when I can complete the refund. " Xie Kai, who bought a house in Shijingshan last year, told reporters.
On June 20 19, Xie Kai paid the down payment of the house, but it was not until June 20 19 that he got the bank loan because of the online signing. However, due to other reasons, Xie Kai decided to return a house, and the real estate developer also promised a refund. But I only applied for the refund process from June 5438+ 10 this year.
At present, the down payment for buying a house in Xie Kai has not been settled. "I am going to sue the developer."
Liu Kun regretted paying a subscription fee of 250,000 yuan, but did not sign a house purchase contract. After Liu Kun paid the subscription fee last year, the real estate developer he bought began to discount on a large scale. "The house I subscribed for suddenly lost about 60,000. As an ordinary person, this is the income of our family for half a year. "
When Liu Kun asked the developer to return a house, he got the answer that he needed to pay another 250,000 yuan to return the previous subscription.
Wang Yang was detained when he checked out. Before buying a house, the developer promised Wang Yang a full refund, but after he really applied to return a house. "I was told it would take three to six months."
Two months later, Wang Yang received a request from the developer to "deduct RMB 654.38+RMB 2,000 as penalty". The manufacturer's explanation is that his loan bank failed, resulting in the failure to pay the remaining money in time. "What the developer clearly promised before was that if the loan was rejected, it could be fully refunded."
How to avoid the trap of "no reason to check out"
So in the process of buying a house, how can buyers avoid falling into the trap of "no reason to return a house"?
Lawyer Zhang Qi of Beijing Ting Yun Law Firm told the reporter of National Business Daily: "As an additional condition when a real estate enterprise sends a purchase offer to buyers,' no reason to return a house' is part of the purchase contract. As long as it is the true meaning of both parties, the court will generally find it legal and valid and legally binding on both parties. "
Zhang Qi said that "no reason to return a house" is often accompanied by certain conditions, while real estate enterprises only emphasize that they can return a house without reason, and do not show consumers the conditions of "no reason to return a house". Therefore, it often falls into the contradiction that "property buyers have no reason to return a house without any liability for breach of contract, but refuse to return a house without reason because of other breach of contract".
Therefore, Zhang Qi suggested that buyers should fully understand the requirements and attached conditions of returning a house when paying the subscription fee and signing the "no reason to return a house" agreement. "
"In addition, the subscription money paid by property buyers is mostly expressed as a' deposit' in the' no reason to return a house' agreement. According to the law, the buyer has no right to ask for the refund of the deposit if the final transaction is not reached due to the buyer's reasons, if there is no special explanation for the' deposit' in the agreement. Therefore, consumers must be clear about the nature of the subscription fee when paying the subscription fee. " Zhang Qi added. (At the request of the interviewee, Xie Kai, Liu Kun and Wang Yang are all pseudonyms. )