Reporter: When selling the house, there were no planning procedures, right? Can this house be sold without planning procedures? Liu Yi: At that time, there was a policy of trilateral reform in Shijiazhuang, and now there is nothing I can do. Reporter: Can the first-phase owner handle the relevant property formalities now? Liu Yi: No, we are going through the formalities. Reporter: Does the government know that you have such a planning project? Liu Yi: Right, right, right. Reporter: There is also a problem of housing quality in residential areas. Liu Yi: There is nothing wrong with the quality of the house. We have passed the acceptance here. I don't think the elevators in your community can operate normally all year round. It also has normal maintenance or is really broken. Reporter: You just said you accepted it, didn't you? But if water, electricity and natural gas fail, can they pass the acceptance? Liu Yi: No, I'm talking about building quality acceptance. This is the current situation of hydropower, and we don't deny it. However, we pay 60 cents per kilowatt-hour, which means that we are gradually moving forward. It is impossible to say that we live in it now, and tomorrow this building will be the same as a particularly mature community. Reporter: The houses in Phase I and Phase II were not delivered on time. Liu Yi: It was not paid on time, but it was a breach of contract. We do. We need you to sit with us when you apply for a permit. There are some things we don't deny. You can sit down and talk about the reasons for the late delivery. Reporter: Is the second phase still closed? Liu Yi: It has already started. We have just reached an agreement with the owner's representative to start building 7, 8, 9 and 10 unconditionally within one month. Reporter: Why didn't you work before? Liu Yi: It's not completely closed. It wasn't long before he stopped. There is a coordination relationship with builders after the year. Last week, under the coordination of the government, we promised to start work unconditionally within one month. Reporter: It's been a year since the first phase or the second phase. Do you think this liability for breach of contract should be? Liu Yi: When you buy a house, I will give you a discount. Did you dig this up for free? Now you talk to me about liability for breach of contract. What's the point? Is this contract valid without a pre-sale permit? Take it to court. Do you recognize it? Moreover, there are many force majeure factors in the delay of construction period, such as changes in mortgage policy and national restrictions. For the developer's explanation, the reporter found a recording with different opinions on the Internet yesterday. Salesperson: the house has not been built into a commercial house, so it is easier to get land and it is cheaper to get land. The salesperson said that it took three years to get the land, but no villagers moved back, so now it is a formal commercial house, the main reason is that the procedures are easy to get the land cheaply, and the reason why developers are fearless is now self-evident. Special commentator Bao Hua and lawyer Zhang Xingyan of Beijing Chaoyang Law Firm made comments. The demands of more than 1000 owners, represented by Mr. Zhao, are simple, such as drinking pollution-free water, using regular electricity, being able to settle down, and having children go to school. The question now is, according to the developer, can the demands of the owners be easily realized now?
Bao Hua: I think it's very difficult. First of all, Mr. Zhao mentioned handing over the house in advance, but at present, the four buildings can only resume work within one month, and even the construction has not been completed, which is far from handing over the house. Second, at present, the functional departments do not have the registration information of this project, and this house cannot handle property rights. Based on these two points, I think the demands of the owners just now are very legitimate, but they may face many difficulties if they are to be realized. The developer explained that it was in accordance with the policy at that time. Where does the confidence of developers come from so recklessly? Is there really a policy to protect them? Or do they deliberately misinterpret or use the policy in other ways? Bao Hua: I think it is more likely to use this policy purposefully. First of all, no matter how the policy is adjusted, it is impossible to violate the existing legislation. If the government is willing to make the municipal government better at a certain stage and make the city look bigger, it is also possible to give some preferential policy conditions, but the premise is that it cannot be illegal. On the other hand, from the recording of the sales staff, we can find that there is such a hidden meaning that the government has communicated with it, which may be the same interest. This potential significance directly affects people's recognition of the government's public image. So my personal understanding is that objective existence misleads consumers. Moreover, I must emphasize that even if the contract is invalid, the developer also needs to bear the liability for compensation to the owner or the purchaser, instead of saying that the contract is invalid and it is ok to terminate the contract. Therefore, if consumers find the contract invalid, they can ask the developer to bear the liability for compensation. Developers have no qualifications. Owners are now worried that the contract they signed with the developer is invalid. If this contract is invalid, can the developer unilaterally tear up the contract? If he really tore up the contract, what should the consumer do? Zhang Xingyan: In fact, in the judicial interpretation of disputes over commercial housing sales contracts, there are clear provisions on the invalidity of contracts. Similar to this case, the contract where the seller fails to obtain the pre-sale permit certificate of commercial housing shall be deemed invalid. However, if the developer can get this license before the lawsuit, the contract can be considered valid, so the effectiveness of this contract depends on whether the owner intends to resort to law. At present, I think filing a lawsuit is the best way to protect rights. Developers are now building houses and selling houses there without any normal procedures. What responsibility should the developer bear for the problem now? Bao Hua: I think we should at least solve the responsibility of administrative punishment for his supervision by the government first, because he started work illegally. The second responsibility is that the developer forged the license when signing the contract, which should be checked by the government public security department. If criminal responsibility is involved, criminal responsibility should be investigated, so this administrative responsibility and criminal responsibility must exist. Of course, developers must bear civil liability to consumers. Zhang Xingyan: According to Article 9 of China's Judicial Interpretation of Disputes over Commercial Housing Sales Contracts, when the seller concludes a commercial housing sales contract, if the developer conceals the fact that he has not obtained the certificate of pre-sale permit of commercial housing, or provides the consumer with a false certificate of pre-sale permit of commercial housing, then the developer shall bear the corresponding compensation losses, that is to say, such compensation includes the return of the paid house purchase price and the interest including compensation losses, and the consumer may require the developer to bear the compensation liability of not more than twice the paid house purchase price. The law still protects the rights and interests of consumers. But the premise of protection is that consumers should actively and bravely safeguard their rights and interests, but consumers also talk about being intimidated. Under such circumstances, I believe that consumers are under great pressure. What are the main reasons why developers can ignore the legitimate rights and interests of owners? Why can they have the ability to ignore the legitimate rights and interests of owners? Aren't they scared? Bao Hua: My personal understanding is that the government has no supervision. That is to say, from the time he started illegal construction, to illegal sales, to today's breach of contract, a lot of complaints have been triggered. In the whole process, government supervision is lacking. In this case, the developer has no real pressure, and he will definitely ignore the rights of the owners. In view of this, I also want to emphasize that if the government really did something, if the illegal behavior of developers was rectified in time, it would not have come to this step. Therefore, I still hope that the local government can take some effective actions as soon as possible to fulfill its due responsibilities and reassure consumers.