I met 1: 1000 people and only opened one hundred houses.
On June 5438+ 10 this year, citizen Tang Lan (pseudonym) visited the house in Gan Yuan International Plaza and participated in the on-site group purchase through a property consultant. The staff told her that as long as she pays a group purchase fee of 6,000 yuan, she can get the qualification for the house selection of the real estate, and she can enjoy the discount of "reducing the total house payment by 30,000 yuan" at the opening. "At that time, there were many people who applied for cards (recognition), at least thousands." Tang Lan said that influenced by the atmosphere, she paid 6,000 yuan to get the opportunity to choose a house at the opening.
However, Tang Lan found that only 65,438+000 suites were launched on the opening day of the project. "It takes almost a dozen people to grab a set." Before it was her turn to choose a house, the open house was gone. Hundreds of people, including her, had no choice but to ask the property consultant for a refund. But the original payment was 6,000 yuan, after deducting 60 yuan's handling fee.
For the handling fee charged for opening a house, the property sales staff responded that the relevant matters were agreed in the subscription agreement. Tang Lan presented a Group Purchase Service Agreement to the reporter, in which there was a clause that "the handling fee arising from the refund shall be borne by Party B". However, the reporter found that this agreement and receipt were signed by a real estate agency in Changsha.
In this regard, Liu Ming, executive director of Hunan Ruibang Law Firm, said that from the perspective of contract law, the agreement only provides group purchase services and is not a subscription contract. There is no obvious violation of the above agreement, and the developer's opening behavior is not bound by the agreement. "If everyone could read the terms carefully before signing and make supplementary explanations on various issues in advance, they would not be so passive now." Liu Ming said.
Encounter 2: I received a deposit and asked the owner to write a "check-out application".
Unlike Tang Lan, which only got the qualification to choose a house, citizen Huang Li (pseudonym) paid a group purchase service fee of 5,000 yuan in August, 2065,438+2006, and obtained the subscription qualification for a house on the third floor of Building 7 in Fuxing Mong Kok, and signed an agreement, paid a sincere payment of 20,000 yuan, and agreed with the sales staff to pay the remaining amount within a certain period of time. However, due to difficulties in raising funds, Huang Li failed to pay the remaining house payment. "The salesperson said at the time that you can wait for me to collect the money before going through the relevant procedures."
165438+1At the beginning of October, Huang Li suddenly received a phone call from the sales consultant, asking her to pay the final payment of the house immediately, otherwise it would be regarded as her breach of contract, and the house would be repossessed, and all the paid house money would not be refunded. As it was still difficult to raise funds, Huang Li had to write a check-out application at the request of the sales consultant to get back the 25,000 yuan he had paid before. "I still want to buy it, but I am forced to do so." Huang Li is depressed. She told reporters that if you want to buy the same house now, you have to pay a lot more.
The sincerity fund didn't work, and the subscription qualification was gone. Lawyer Liu Ming believes that all previous agreements between Huang Li and the sales staff should be in written form, otherwise consumers will be in a passive position.
Read the lawyer's advice carefully and remember to attach a written agreement.
Lawyers reminded that if the contract text provided by the developer is vague about the rights and interests of buyers, buyers can modify the contract according to relevant laws and regulations. Whether signing a subscription agreement or a formal purchase contract, buyers should read all the terms carefully, and put forward any questions in time for the other party to interpret. If they have objections, they can communicate with the seller. After the agreement is reached, it is attached to the contract in the form of "supplementary terms", which have the same legal effect once signed or sealed by both parties.
(The above answers were published on 20 17-0 1-06. Please refer to the actual situation for the current purchase policy. )
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