Focus of controversy
What is a "formal sales contract"?
The salesperson said that the formal sales contract was signed after the down payment and mortgage.
The buyer thinks that the process is unreasonable, and the query is not an official contract sample.
20 19 May, Ms. Yuan plans to buy an apartment located in Block B, Building 2, China Merchants Center, Sungang Street, Luohu District. According to the Subscription Confirmation of China Merchants Center (hereinafter referred to as the Subscription Letter) signed by Ms. Yuan on May 7, 20 19, the building area of this apartment is about107m2, and the original price is 9307.
In Ms. Yuan's original plan, the pace from buying a house to moving in will be extremely fast. The salesperson promised to hardcover the existing house and move in at the end of the year, which is why Ms. Yuan chose to buy the property there. In addition, the Confirmation Letter clearly stipulates that a formal sales contract shall be signed within 7 days from the date of signing the agreement.
However, a week later, the salesperson failed to produce the "formal sales contract" that Ms. Yuan understood. The sales staff said that the purchase process determined by the company is: paying a deposit of 6.5438+0 million to confirm the purchase room number-paying a down payment and signing a formal subscription contract-handling a bank mortgage-and signing a formal sales contract after the bank issues a loan commitment letter. Accordingly, Ms. Yuan was unable to proceed with the next process without paying the down payment. Ms. Yuan believes that the so-called formal subscription contract provided by the salesperson is not the "formal sales contract" mentioned in the Subscription Confirmation, so it is not the basis for completing the down payment.
Since then, the two sides have debated this issue for several months. The salesperson said that the regulations are the opinions of the company. If Ms. Yuan thinks it is unreasonable, she can "take legal procedures" to solve it. According to the chat record between Ms. Yuan and the sales staff, the Shenzhen Real Estate Sales Contract (Pre-sale) provided by the developer was printed by the developer "Shenzhen Investment Development Co., Ltd." and entered by the relevant staff. The contract is also an obvious unilateral contract text of the developer, not a sample of the commercial housing sales contract issued by the Shenzhen Municipal Government.
B what is the "quality improvement fee"?
The fees referred to in the relevant agreement include design, decoration and consulting services.
Buyers believe that the sales agent is happy to increase the price in disguise.
In addition, Ms. Yuan also needs to sign a contract including a supplementary agreement for merchants to purchase houses in Xiyu, Central. The trustee of this agreement is not the developer Hande Investment, but Shenzhen Xileju Real Estate Co., Ltd. The core content of the agreement is that Ms. Yuan needs to pay another "quality improvement fee". This so-called "quality improvement fee" is also the focus of Ms. Yuan's questioning. Because of the existence of the double contract, the salesperson asked Ms. Yuan to pay two down payments, one was 27467 18 yuan invested by Hande, and the other was 983282 yuan from Xileju Property. Ms. Yuan believes that since the previous deposit of 6,543.8+0,000 yuan was also paid to the Xileju account, this "quality improvement fee" should be 654.38+0.9282 yuan.
What is "quality improvement fee"? According to the interpretation of the agreement, this fee includes design fee, decoration fee (including but not limited to decoration materials fee, facilities and equipment fee, labor fee, management fee, taxes and fees, etc.). ), housing consulting fees, housing service fees, legal consulting fees, etc. In the annex to the agreement, there are several pages of housing decoration standards and furniture configuration regulations.
However, Ms. Yuan believes that the "quality improvement fee" is a disguised price increase for the sales organization. The reason why the other party can't get a formal commercial housing sales contract is also because the intermediary agency is worried that the customer will confirm the transaction in the real estate bureau after signing the agreement with the developer, and the transaction amount can't be changed, thus losing the profit space, so it chooses the way of asking for the payment from itself first and then providing the contract to the customer. "In any case, the renovation cost and the so-called consultation fee and service fee will not reach one million yuan," Ms. Yuan said.
Stalemate 654.38+00,000 yuan deposit is difficult to refund.
It is understood that the two B buildings of China Merchants Center purchased by Ms. Yuan were indeed invested by the developers and sold to the sales agents. According to the data, Hande Investment Development Co., Ltd. is a 70% subsidiary of China Merchants Shekou. According to the civil judgment of Guangdong Intermediate People's Court (20 19) No.20 18, in July, China Merchants Shekou reached a cooperation with Xileju Real Estate, and Xileju completed the merger and acquisition of two commercial apartments in Block B of China Merchants Center for more than RMB 10 billion.
Because there is no formal purchase contract and she doesn't know the real price of the house, Ms. Yuan refused to pay the down payment and even refused to put the money into two different accounts. On June 20 19, Ms. Yuan sent a lawyer's letter to Xileju Company, arguing that Xileju forced Ms. Yuan to pay the down payment, failed to issue an authorized sales document, refused to produce a model house purchase contract, and failed to sign a formal house sales contract as agreed in the subscription confirmation, which constituted a breach of contract.
However, Ms. Yuan stopped sending letters and did not file a lawsuit. On October 29th, 2009/kloc-0, 20 165438, Ms. Yuan received the Notice of Dissolution of Agreement from Xileju, arguing that Ms. Yuan "failed to fulfill the obligation of signing the house purchase contract and paying the down payment on time", and the previous deposit of 1 10,000 would not be refunded.
The same situation
Property buyers bring developers and sellers to court.
The court decided to refund more than one million service fees and decoration fees.
Du Nan reporter found that there is another lawsuit in this project, and a clear judgment has been made, just like Ms. Yuan's experience, especially the so-called housing quality improvement fee of up to one million yuan, including decoration fee and consulting fee, which has been determined by the relevant judicial department.
According to the disclosure of China Judgment Document Network, in the Civil Judgment of First Instance of Housing Sales Contract Dispute between Yuyang and Shenzhen Hande Investment Development Co., Ltd. and Shenzhen Xileju Real Estate Co., Ltd. (20 19) MinchuziNo.10/,in May of 20 19,
According to the judgment, from 2065438 to February 2008, Yu Yang subscribed for an apartment in Block B, two buildings of the project. After signing the format text contract "Shenzhen Real Estate Subscription" provided by Hande Investment, he paid a down payment of RMB 3,586,272, and the payment form was also transferred to Hande Investment and Xileju respectively: 136544. In addition, Yu Yang also signed a unilateral format text contract "Shenzhen Real Estate Sales Contract (Pre-sale)", and completed a mortgage loan of 2.77 million yuan.
However, due to the decoration dispute, Yu Yang got back the sales contract (although the contract was signed before, it was taken back by the sales staff), and found that the house price marked in the sales contract was inconsistent with the house price actually paid by the plaintiff-the house price actually paid was 13 1937 1 yuan. Yu Yang believes that the extra expenses have neither legal basis nor factual basis, and requests to return the money.
In this regard, Xileju said that the contract text clearly stipulated the housing consultancy fee paid by Yu Yang (including the purchase service and decoration fee), and the relationship between Yu Yang and the purchase service and decoration to improve the housing quality was established and came into effect. "If the reason cannot be determined, the plaintiff has no right to terminate the contract relationship and demand the refund of the paid money"; In addition, Xileju also believes that the actual price paid by Yuyang is consistent with the market value of the property itself and the value of similar properties around it, and there is no unreasonable or abnormally high price. The company will not agree to refund the money unless the house sales contract is terminated abroad.
The court held that the contract signed by both parties was valid and the house price marked in the contract was established, but the so-called "house purchase service and fine decoration fee" paid by Yuyang to Xileju 13 1937 1 yuan was not established. "The house purchase service is similar to the intermediary service, and it is charged at 10% of the total house value. However, the defendant Xileju Company did not provide evidence to prove that it provided the plaintiff with real estate services and specific contents of services, and the real estate service fee of 10% of the total house value advocated by the defendant Xileju Company was much higher than the usual intermediary service fee "; In terms of fine decoration expenses, according to the relevant provisions of the Contract Law and the Consumer Protection Law, the plaintiff has the right to choose the decoration of the house involved. The defendant Xileju did not sign any written agreement with the plaintiff, nor did it provide evidence to prove that the plaintiff had a clear intention to ask the defendant Xileju Company to provide decoration services and house purchase services, and the defendant Xileju Company did not actually decorate the house involved, so there was no basis for the collection of relevant funds.
Therefore, the court ruled that Xileju Company would return the money together with interest to Yu Yang.
respond
Project developer:
The building involved has been sold as a whole, and no comment is made on the transaction between the two parties.
Ms. Yuan said that the reason why she bought this house was because of her trust in the identity of the project developer as a central enterprise. On June 5438+1October 65438+May, the reporter from Du Nan contacted the relevant person in charge of China Merchants Central Project, who told the reporter from Du Nan that two B apartment project companies signed an overall subscription agreement with Xileju, which stipulated that Xileju had the right to designate a third party to sign a real estate sales contract with the project company.
"The project company did not have any contact and communication with the mentioned Ms. Yuan before, and there was no verbal commitment and guidance, and no agreement was signed, and there was no procedure for receiving the designated buyer in Xileju. We don't understand the relationship between Ms. Yuan and Xileju, so we don't comment, "the person in charge said.
Seller's Happy Residence:
Property buyers can resort to legal channels.
The price of "quality improvement fee" can be checked.
On 65438+ 10/7, the reporter from Du Nan contacted the relevant person in charge of the Xileju project, and the person in charge said that he had indeed contacted the buyer before. If the buyer thinks that the operation is improper, he can seek the intervention of a legal third party, and the company will completely obey the legal advice as the result of subsequent treatment.
The person in charge said that the company has a basis to deal with the problem. The evidence provided by the buyer unilaterally cannot explain the whole problem. The company will not ignore the opinions of any buyer, but it will not allow any buyer to influence the company's behavior. All kinds of quality improvement fees can be checked and searched, and it is reasonable to fluctuate according to the filing price. "It's an economic dispute with property buyers, and the house hasn't been sold yet, which is actually a huge loss for the company," said the person in charge.