Going to the real estate to buy a house, the staff claimed that there was a discount of "60,000 to 80,000". As a result, the owner who paid the money later found that 60,000 yuan did not enter the developer's account and was not reflected in the contract. Recently, many owners of Min 'an Huafu in Langfang, Hebei Province reported to China Youth Daily? Zhongqing online reporter complained that he had encountered a scam of "e-commerce fee".
The complained "Min 'an Huafu" property is located in Yingbin Avenue, Wen 'an County, Langfang, Hebei Province, and was built by Wen 'an Tianrui Real Estate Development Co., Ltd. (hereinafter referred to as "Tian Rui Real Estate"). Because it is close to xiong'an new area, the sales of this building are very hot. 2065438+In September 2007, Zhu learned about real estate through friends. Because he didn't want to make a deal through an intermediary, he went to the sales office to see the house himself.
"There are many people in the sales office. I also paid special attention to the clothes and badges of the sales staff, just don't want to see the intermediary. " Zhu recalled that at that time, the on-site personnel were very mixed and there were many intermediaries. He chose the sale of real estate in Tian Rui in particular. "He told me that he is not an intermediary and the office is here, so the service is better."
Introduce Zhu to the sales name of the house as Cheng Qian, and he tells Zhu to pay the preferential information of 60,000 to 80,000. According to Zhu's understanding, 60,000 yuan is equivalent to the deposit of the house, and 80,000 yuan will be deducted from the house payment afterwards. However, things didn't go as smoothly as he imagined.
Rmb 60,000 contributed by Zhu entered the account of Langfang Jidi Real Estate Agency Co., Ltd. (hereinafter referred to as "Jidi") without any receipt or invoice. He saw the bank receipt information and asked about Cheng Qian's account. "He said, this is our company, it doesn't matter which account you enter. In the end, the total house payment will be less. " Zhu did not delve into the matter. The next day, when he went to pay the down payment, the other party asked for the bank receipt of 60 thousand yuan he gave him the day before, leaving only a copy. "They said that this is the way through the following procedures."
After getting the house purchase contract, Zhu paid attention to the total house payment in the contract and found that the use of 60,000 yuan became a mystery without deducting the corresponding house payment according to the discount of "60,000 to 80,000 yuan". Zhu told China Youth Daily? Zhongqing online reporter, he believes that since the contract has come into effect, it will not help to pursue another 60,000 yuan. This matter will be over.
Until the end of last year, the community owners were in a group and found that everyone had this "confused account" in the chat. The owners immediately began various consultations and discussions, and Zhu knew the word "e-commerce fee" at this time.
Liu Shuaijun, a lawyer of Beijing Chongxue Law Firm, said that the "e-commerce fee" of the property "Qian Shengqian" came from the e-commerce platform, so it was named "e-commerce fee". On the surface, it is "Qian Shengqian", similar to coupons used in life. In fact, it is the real estate intermediary service agencies that raise the intermediary fees, and even become a promotional means for real estate development enterprises to raise prices in disguise.
"But I didn't buy a house through an intermediary or other payment channels. Where did I get the' e-commerce fee'? " When interviewed by reporters on October 24th, 65438/KLOC-0, Zhu called Cheng Qian to ask a reason.
Cheng Qian told him that he was not an employee of Tian Rui Real Estate, but belonged to Langfang Tengcheng Real Estate Agency Co., Ltd. (hereinafter referred to as "Tengcheng Real Estate") to help Tian Rui Real Estate sell houses. "Tian Rui is only responsible for building houses and has no sales." Cheng Qian said that "60,000 yuan to 80,000 yuan" is true, but it is not reflected in the contract. "What is written on the contract is the contract price. The actual price of the house is 80,000 yuan plus the contract price. All houses are sold like this. "
As for the problem of 60,000 yuan entering Di's account, Cheng Qian explained that it was all through this company at that time, and finally the money would be transferred to the real estate account, in order to avoid tax and facilitate the formalities. In this regard, the reporter called Tengcheng Real Estate and Jizu Zundi respectively. The relevant staff of Tengcheng Real Estate responded that Tengcheng Real Estate and Tianrui Real Estate have a cooperative relationship, but in more cases, they need to give feedback to their superiors. They don't know about "60,000 yuan to 80,000 yuan". Brainstorm. Zundi hangs up the phone and dials again. No one answers.
Through online public information, the owner found the telephone number of manager Li, the legal representative of the real estate company. 1October 24th, 65438, called Manager Li in front of the reporter. The other party said that it was unclear "60,000 yuan to 80,000 yuan". Sales offices are all sold by sales companies, and Hotan Rui Real Estate has a cooperative relationship, so that Ping He can contact the sales who sold the house at the beginning to understand the situation. When Ping He asked about the situation further, the other party asked, "Who are you?" At the same time, he said that he was not manager Li. He used to work in real estate, but now he has left his job.
"Without legal basis, it is illegal for real estate intermediary service agencies to charge e-commerce fees." Liu Shuaijun said that Article 28 of the Measures for the Administration of Commercial Housing Sales stipulates that entrusted real estate intermediary service agencies shall not charge fees other than commissions when selling commercial housing. In some places, the relevant government departments have clearly prohibited unreasonable fees such as "e-commerce fees" and "group purchase fees" charged by real estate agents.
However, in practice, many enterprises try their best to avoid supervision. Liu Shuaijun said that the unit that actually collects e-commerce fees is neither a real estate development enterprise nor a real estate intermediary service organization, and it is often its affiliated company. This is how they evade legal supervision and achieve their goals.
In the case of charging "e-commerce fee", Liu Shuaijun suggested that buyers can inquire through the government website to understand the housing filing price and compare it with the signing price, and then decide whether to buy a house and pay "e-commerce fee" to reduce unnecessary losses. At the same time, when signing the relevant contract, it is necessary to make an agreement on the related matters of "e-commerce fee", especially the nature of "e-commerce fee", whether the "e-commerce fee" can be refunded after the termination of the house purchase contract and who will refund the "e-commerce fee".
"When paying the' e-commerce fee', pay attention to asking for the corresponding receipt or invoice and keep the necessary evidence for paying the' e-commerce fee'." Liu Shuaijun said that if the unit that collects e-commerce fees is neither a real estate development enterprise nor a real estate intermediary service agency, remember to ask clearly what the relationship between the unit that actually collects e-commerce fees and them is, and keep good evidence. Then, report to the relevant real estate department in time.
"Strictly speaking, it is logical to report this kind of' e-commerce fee', but from the perspective of buyers themselves, reporting is not an end, its purpose is to buy a house. Therefore, in the case of such an' e-commerce fee', it is still safer to pay attention to retaining evidence and then compare whether it is reasonable and cost-effective. " Yan Yuejin, research director of the think tank center of Yiju Research Institute, said.
(Intern Guo Xiaoyang also contributed to this article)