Be alert! These pits that buyers have stepped on.

Every year 3 15, the real estate industry is an unavoidable topic.

Problems such as poor housing quality, lower standards and configuration, delay in delivery and maintenance are common; Benchmarking projects, the background of central enterprises and star enterprises cannot be synonymous with quality.

The report released by China Consumers Association shows that quality problems, decoration problems and after-sales service disputes occur frequently in the field of commercial housing consumption. According to the data, in 2020, the quality of decoration building materials and houses ranked among the top ten complaints, with the number of complaints reaching 149433 and 13076 respectively, up by 6.4% and 19.52% year-on-year.

Nowadays, in the purchase of real estate, safeguarding rights seems to be a hurdle that many owners have to pass.

Yuzhou City, Fuzhou City, Li Jinhui:

Quality problems have been repeatedly complained.

The universe seems to have reached a fork in the road between performance and word of mouth.

In 2020, Yuzhou was promoted to 100 billion upstarts with sales of 65.438+00.497 billion yuan, a year-on-year increase of 39.75%, and the ranking of the company among the top 100 real estate enterprises also rose from 48 in 2065.438+09 to 37.

However, Yuzhou, whose scale has been rising year by year, has lost its reputation one after another. In recent years, news about the rights protection of Yuzhou real estate is endless, and even rights protection incidents have appeared one after another, running through the completion period of the whole property.

On April 25th, 2020, Wang Jian (pseudonym), an owner who claimed to be Li Jinhui 1 Building 1507 in Cangshan, Yuzhou, left a message on the relevant complaint channel, saying that the house he bought was handed over in February 20th19. After the recent renovation, it was found that a large area of steel bars on the floor were exposed, and all horizontal lines were exposed. When painting the wall, the workers found that the distribution box was seriously leaking.

Regarding Wang Jian's message, the Urban and Rural Construction Bureau of Cangshan District, Fuzhou replied on May 2020 12 that the Li Yuhui project in Fuzhou was completed and accepted on May 438+09, 2065, and all parties involved in the construction issued qualified documents, and the procedures were legal and effective.

Moreover, the Urban and Rural Construction Bureau of Cangshan District convened the personnel of relevant units for on-the-spot inspection on April 22, 2020, and found that there were problems such as temperature cracks, exposed steel bars and slag inclusion on the roof. At the coordination meeting, the design unit told the owners present that the house defects would not affect the safety of the main structure, while the construction unit said that the owners could register the house number and problems in the property, and then repair the house defects after the repair plan of the design unit came out.

The reply also mentioned that the design unit handed over the house restoration plan to the construction unit on April 27, 2020, and the construction unit repaired the defects in the public part. Wang Jianke can contact the hotel directly to repair related quality problems.

But for maintenance, Wang Jian still raised four questions: 1, the maintenance team only sent one worker to cancel the contract, and the owner had to queue up; 2, workers don't listen to the opinions of the owner, there are still serious Jerry-building behavior in the process of maintenance; 3. Some households have defects in the maintenance plan given by the design unit and are unwilling to redesign the defects further; 4. Who will supervise the maintenance process?

According to Wang Jian, his own experience is not a case, and there are widespread quality problems in Building 3. The reporter of International Finance News searched for "Li Jinhui in Yuzhou" on the leader's message board, and found many messages about Building No.3 of 1 plot. The key words are "steel bar leakage", "water seepage" and "false sales".

The owner of 705 complained on the message board that the floor of this building was cracked on every floor, and there were several households with sloping roofs, bare wood and holes. In addition, there is a large area of steel bars exposed in Unit 07, which has leaked and rusted.

12 1 1 The owner claimed that Li Jinhui had clearly known that the property was carved into the No.9 Central Primary School in Cangshan District when it was pre-sold on 20 18, but it was still publicized by the No.4 Central Primary School in Cangshan District, which involved false sales. In addition, there are three buildings in the 1 * * plot, and buildings 1 and 2 are resettlement houses, but the developer lied to the owner that it was the introduction of government talents. For the actual green rate and floor area ratio of the community, the developer has not announced it.

Up to now, the messages of the above two owners have not been answered.

The reporter of International Finance News learned that Hui Jin Lane is a joint development project of Yuzhou, Hui Jin and Zheng Rong. 20 16 won the bid for Li Jinhui project, with a total price of17.3 billion yuan. Among them, Yuzhou, the largest shareholder, accounted for 66%, with a cost of11420,000 yuan.

In the same year, Fuzhou Zexiang Real Estate Development Co., Ltd. (hereinafter referred to as "Zexiang Real Estate"), the main body of project development and operation, was established. The national enterprise credit information publicity system shows that Zexiang Real Estate has been subject to administrative penalties many times, the most recent being in June 2020.

On May 8, 2020, the Cangshan District Market Supervision Administration of Fuzhou City received a report that the second plot of Li Jinhui, Yuzhou, a real estate developed by Zexiang Real Estate, was suspected of infringing consumers' interests by using unequal format contracts in the sales process.

After verification by relevant departments, the Commercial House Sales Contract (Pre-sale) and its annexes used by Zexiang Real Estate are pre-drawn format contracts. There are many unequal treaties in the annex supplementary agreement, which exclude the rights of consumers to terminate the contract, refuse to change and return the house, terminate the contract when the house cannot obtain the ownership certificate within the specified time limit due to the seller's reasons, and refuse to accept the house because the house does not meet the delivery conditions.

Fuzhou Cangshan District Market Supervision Administration believed that Zexiang Real Estate used unequal format contracts to infringe on consumers' rights and interests, and gave Zexiang a warning and fined 6.5438+0 million yuan.

In addition to unequal treaties, as early as 20 18, there were examples of safeguarding rights on quality issues.

According to media reports, Ms. Song subscribed for a house in Li Jinhui, Yuzhou at the end of 20 17, and received the property notice in June of 20 18, so she can handle the handover procedures. At this time, two videos in the owner group made Ms. Song retreat.

It turned out that some owners found serious water leakage above several parking spaces in the basement when handling the handover procedures. A video in the owner's group shows that there is water dripping down from the garage and there are many water stains on the ground. Another video shows that water keeps pouring out of the underground garage against the wall, just like "water curtain cave". There is a controller suspected of being a "distribution box" where water is sprayed, which has great security risks.

From the opening of 20 17 to the completion of 20 19, the rights protection incident about Li Jinhui in Yuzhou runs through. Regarding the quality concerns mentioned by Jincon car owners at the beginning, the reporter tried to contact the relevant person in charge of Jin Huili, but as of press time, nothing was found.

Counsel's advice

Then, how can buyers protect their rights and interests due to a series of quality problems such as false propaganda and reduced distribution during the purchase process?

Song Li pointed out that the dispute between the owner and the developer mainly belongs to the fact that the latter exaggerated the advantages of the project in the sales process, which led the owner to find that the contents of the previous publicity could not be fulfilled after receiving the house, such as the promised school district, public facilities, gift area, etc., but the above commitments were not reflected in the contract, which brought obstacles to the owner's rights protection.

However, this obstacle has decreased in the near future. On February 29th, 2020, the Supreme People's Court issued the Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Trade Union Law of People's Republic of China (PRC) (hereinafter referred to as the Decision), which came into effect on February 29th, 20265438. According to this decision, Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts is amended as: "The sales advertisements and publicity materials of commercial housing are invitations to offer, but the explanations and commitments made by the seller on the housing and related facilities within the scope of commercial housing development planning are specific and have a significant impact on the conclusion of commercial housing sales contracts and the determination of housing prices, which constitute an offer. Even if there is no explanation and commitment in the commercial housing sales contract, it should be the content of the contract. If the party violates it, it shall bear the liability for breach of contract. "

"This regulation clarifies that if the promotional content of the developer in the sales process affects the house price or has a significant impact on the customer's contract, even if it is only promotional materials, it should be regarded as an offer in the legal sense, that is, these promotional materials are the contents of the contract, and the developer needs to bear corresponding legal responsibilities." Song Li explained that owners should also pay attention to retaining evidence when buying a house. They can record some promises made by case sales in the form of recording, keep promotional materials, shoot and deliver them to the model room, etc., to prevent the promises from being unfulfilled in future delivery.