China Consumers Association: Some real estate operators still use their strong position to "squeeze" consumers.

1October 5th 165438+ This newspaper learned from China Consumers Association that1October 2nd, 165438+ China Consumers Association released the Analysis of Complaints Accepted by National Consumers Association in the Third Quarter in 2002/kloc-0, including the Special Report on Commercial Housing Complaints. The report shows that commercial housing consumption disputes mainly involve housing quality, housing price, sales promotion, contract performance and other fields.

In the third quarter of 2002/kloc-0, there were 7037 complaints about houses and building materials, accounting for 2.73% of the complaints, of which * * * 25 14 were about commercial houses. After specific classification, 833 were about contracts, 594 were about false propaganda and 429 were about after-sales service.

China Consumers Association issued an opinion on the commercial housing industry, saying: (1) Adhere to the principle of "staying without speculation" and safeguard the healthy development of the real estate market and the legitimate rights and interests of housing consumers. With the continuous implementation of real estate control policies, the real estate industry has gradually entered an adjustment period. However, some real estate operators have not got rid of the seller's market thinking, and are still taking advantage of their strong position to "squeeze" consumers through various means to make profits. In the face of policy adjustment and market changes, relevant operators should change their business philosophy, seek development by quality, seek benefits by service, base on long-term development, abandon short-sighted behavior, strictly implement relevant laws, regulations and policy documents such as the Civil Code, the Law on the Protection of Consumers' Rights and Interests, the Law on Urban Real Estate Management, the Measures for the Administration of Commercial Housing Sales, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Disputes, and earnestly assume due obligations and responsibilities.

(two) real estate enterprises should operate in good faith according to law and deliver qualified houses with good quality and quantity. Real estate enterprises should ensure housing quality in strict accordance with building quality standards, deliver qualified housing and residential quality guarantee, residential instructions and other documents to consumers, and put an end to problems such as shoddy construction, cutting corners, false propaganda, improper induction, unauthorized changes, arbitrary breach of contract, bundled price increases, arbitrary charges, overlord clauses, prevarication and so on, and give back to consumers' trust with good quality and sincere service. The project supervision unit shall give full play to its role, and supervise and strictly control the project quality according to laws, regulations and relevant technical standards, design documents and construction project contracts.

(three) the housing intermediary institutions should strengthen management, effectively restrain employees, and earnestly fulfill their due obligations. We must strictly abide by the Measures for the Administration of Real Estate Brokers, abide by professional norms and ethics, mark the service items, service contents, charging standards and related real estate prices and information in a prominent position in the business premises, carefully check the houses entrusted for sale or lease, the house ownership certificate, the client's identity certificate and other related materials, and explain to consumers in detail the relevant contents of real estate brokerage service contracts, house sales contracts or house lease contracts, especially the real situation of houses and important contents related to consumers' interests. Housing intermediaries should eliminate the information gap, provide convenience for all parties to the transaction, effectively enhance the service value, and put an end to publishing false information, concealing the real situation, using unfair format terms and other acts that infringe on the legitimate rights and interests of consumers.

(4) Consumers should pay attention to seeing more and asking more questions when buying a house, and strengthen self-protection. We should carefully check the qualifications and credibility of real estate development enterprises and housing intermediaries. When buying a new house, you should pay attention to the state-owned land use right certificate, construction land planning permit, construction project planning permit, construction project construction permit, commercial housing pre-sale permit or commercial housing sales permit. For the location, environment and supporting facilities of the house, don't trust verbal promises, and the important contents must be written into the contract. Pay attention to the understanding of housing property rights, purchase restriction policies, loan conditions and other related content. Do not meet the purchase conditions, do not take any chances, and hope that the operators will make false promises. Before signing a contract, you should carefully read and fully understand the contract terms, supplementary agreements and contract annexes, such as housing area, floor, housing number, housing price, delivery time, delivery standards, conditions for termination of the contract, liability for breach of contract, etc. We should pay attention to the preservation of real estate and intermediary publicity materials, purchase contracts, payment bills, model housing materials and other evidence to safeguard their legitimate rights and interests. When accepting the house, the quality of the house project and supporting facilities should be accepted one by one according to the standards agreed in the purchase contract, and records should be made. Conditional can hire relevant supervision institutions and professional housing inspectors to jointly check and accept, and pay attention to check and keep the residential quality guarantee and residential instructions. In case of disputes, timely safeguard rights according to law.

The following is a special report on commercial housing complaints.

Housing demand is one of the most important consumption needs of ordinary people, and it is usually the largest consumption in a single expenditure. Ordinary consumers are not frequent in commercial housing transactions, lack of relevant knowledge, and real estate transactions are related to many industries such as finance, which complicates commercial housing transactions. Consumers often have consumption disputes when they realize their housing needs by buying and selling commercial housing.

(A) the quality of housing, hidden mystery, hard to prevent.

In terms of housing quality, the main problems complained by consumers are as follows: first, the housing quality is poor, the walls and ceilings are cracked, the foundation sinks, the roof leaks and the pipes leak; Second, the refined decoration room has hidden mystery, false materials, high-end publicity, low-standard configuration, rough technology and poor quality; Third, the concealed works cut corners and use inferior materials; Fourth, the layout of hydropower pipelines is not standardized, unqualified and inferior materials are used, and the quality of projects in the same community is similar, and quality problems are easy to cause group complaints; Fifth, the house has quality problems and is not maintained in time or the maintenance quality is poor.

For example, Ms. Zhang bought a commercial house in Huangdao District, Qingdao City, Shandong Province in 2020, and the developer promised to hand it over in July 20021year at the latest. In June, 20021year, the developer notified the delivery of the house, but Ms. Zhang found that the steel bar at the top of the kitchen was leaking, the waterproof layer of the bathroom was not laid, and the height of the house did not meet the contract. She asked the developer to rectify it, but the developer always ignored it. After receiving the complaint, Qingdao Consumer Rights Protection Committee will contact the person in charge of the developer for investigation and verification. The person in charge said that the problem reflected by Ms. Zhang is true, and she will actively negotiate with Ms. Zhang in the later stage to properly handle the rectification plan proposed by Ms. Zhang.

For another example, in August of 20021year, Mr. Jiang complained to the Shanghai Consumer Rights Protection Committee that he bought a well-decorated house and accepted it at the end of June 2020. Shortly after check-in, I found that the walls of many rooms were moldy, the wallpaper fell off in a large area, and the ceiling cracked. , many times to the developer. The other party sent a construction team to repair it at home. Due to the use of inferior and smelly wallpaper, the problem of moldy walls has never been solved, which has brought great trouble to the normal life of consumers. Mr. Jiang believes that the developer's construction quality is poor and requires a thorough solution to the problem. Developers insist that these are normal phenomena, not construction quality problems. Experts from Shanghai Consumer Protection Committee and Zhuang Jie Office visited the site. After testing, it is found that the wall falls off to varying degrees, and the water seepage is caused by improper treatment at the grassroots level. Developers should bear the responsibility of maintenance and compensate consumers for the losses caused by construction quality. On September 8th, 20021year, after on-site mediation, the two parties reached a settlement, and the developer compensated the consumer 20,000 yuan in cash at one time, and the consumer repaired it himself.

For another example, on September 6, 2020, more than 60 owners of a Hong Kong brand property in Guangzhou collectively reported to the Guangzhou Consumer Council that the water pipes of the newly acquired property in the community were seriously rusted. Corrosion of water pipes will affect the safety of water use, greatly shorten the normal service life of water pipes and bury hidden dangers to the quality of houses. Some owners hired people to replace the indoor water pipes themselves, but found that according to the indoor water supply and drainage layout provided by the developer, the main water pipes could not be dug. The owner has repeatedly negotiated with the developer through the property, questioned the quality of the project, and requested to provide relevant documents such as home acceptance sheet, water pipe material inspection report and concealed engineering acceptance, and replace the rusty water pipe. The developer did not respond positively, but only authorized the property company to explain that the rust of water pipes is a normal physical phenomenon. After the Guangzhou Consumer Council intervened in mediation, it promoted it layer by layer by means of enterprise interviews and media exposure, urging developers to respond and deal with it. On March 26th, 20021year, both parties reached a settlement.

Opinions of consumer associations

Article 10 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Commercial Housing Sales Contract Disputes stipulates: "If the buyer requests to terminate the contract and compensate for the losses due to the serious impact of housing quality problems, it shall be supported. If the house delivered for use has quality problems, the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller. " Therefore, when the quality of the main structure of the house is unqualified and serious quality problems occur, which affects the living of consumers, consumers can request to terminate the contract and ask the developer to compensate for the losses. When there are non-serious quality problems such as water seepage and empty drum in the house, the developer should undertake the warranty obligation and be liable for other losses caused during the warranty period.

(B) price increases, disguised to raise sales prices.

In terms of housing prices, consumer complaints mainly include: First, buying a house requires buying a decoration package and an upgrade package. , thus increasing housing prices in disguise. Some property consultants who sell Yaohao property implicitly tell property buyers that they can't sign a house purchase contract without buying a "renovation upgrade package"; The second is to collect fees other than the house price at will, such as group purchase fee, numbering fee, decoration fee, account opening fee, etc. The third is to confuse the down payment, down payment, intention payment and so on. Some developers collect sincerity money when selling, and turn sincerity money into a deposit and issue a special receipt when choosing a house without the consent of consumers. Ask for a refund on the grounds that the disputed deposit is not refundable.

For example, from 2065438 to May 2009, Mr. Jiang bought a house in a real estate in Nanjing, Jiangsu. When paying by credit card, Mr. Jiang is required to use two brushes, one is 2.76 million yuan and the other is 500,000 yuan. The two receipts have different names, of which 500,000 yuan is the decoration fee, and the payee is a building decoration engineering company. At that time, no decoration items and standards were given, and the contract did not reflect the content of 500 thousand yuan decoration. Later, I learned that other owners of the same apartment as Mr. Jiang did not receive the decoration fee of 500 thousand yuan. On June 30th, 20021year, Mr. Jiang reported the related problems to Nanjing Consumers Association and demanded a refund of 500,000 yuan. After mediation by the staff of Nanjing Consumers Association Real Estate Consumer Rights Protection Committee, the company finally refunded Mr. Jiang 500,000 yuan.

For another example, on August 65438, 20265438, the Consumer Rights Protection Committee of Huidong County, Liangshan Prefecture, Sichuan Province received a collective complaint from several owners' representatives about a real estate development company illegally charging 84 1 owner's natural gas account opening fee. After investigation, the real estate company recently asked the owners of the community to pay a natural gas account opening fee of 3,500 yuan per household, but the purchase contract stated that the water, electricity and gas links in the community should be delivered. After many unsuccessful negotiations with the company, the owners collectively complained to the Consumer Council of Huidong County. County Consumer Council has organized both parties to conduct on-site mediation for many times. The real estate company said that the energy company wanted to charge this fee, but they just did, but they didn't show any basis for charging the initial installation fee of natural gas. The National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development and the General Administration of Market Supervision jointly issued the Guiding Opinions on Standardizing the Installation Fees of Town Gas Projects (development and reform price [2019]1131No.), which clearly stipulated that "the installation fees of gas projects within the red line of the supporting construction planning of new commercial housing should be included in the development and construction costs of commercial housing. After mediation, the real estate company promised the owner that it would no longer charge the initial installation fee of natural gas, and it was not allowed to charge the fee in any name.

For another example, on September 6th, 20021year, the Consumer Protection Committee of Lingbi County, Suzhou City, Anhui Province received a complaint from Ms. Chen, a consumer, saying that she went to a real estate in Lingbi County to look at the house, and the salesman verbally publicized that the junior high school in the community was a sixth middle school district. After repeated confirmation by consumers, she decided to purchase and pay 20,000 yuan of subscription funds, and then converted to subscription under the guidance of the salesman. On July 22, the Education Bureau issued a school district division document, and the property junior high school was another school, which did not meet the original promise. On July 30th, the consumer asked the salesman to settle the bill. The salesman insisted that it was the sixth middle school community. Consumers demanded that the Sixth Middle School District be included in the contract, but the sales staff did not agree. Consumers ask the real estate company to return a house and refund the deposit. After receiving the complaint, after mediation by the staff, the operator refunded the consumer a house purchase deposit of 20,000 yuan.

Opinions of consumer associations

Article 13 of the Price Law stipulates that business operators shall clearly mark their prices when selling goods and providing services, and shall not sell above the marked price, and shall not charge any unmarked fees. Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts stipulates: "If the seller accepts the buyer's deposit as the guarantee for concluding the commercial housing sales contract through subscription, order or reservation, and the commercial housing sales contract cannot be concluded due to one party, it shall be handled in accordance with the provisions of the Deposit Law." Article 587 of the Civil Code stipulates: "If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice. " In the sale of commercial housing, developers often charge consumers' fees in advance in various names, such as subscription fee, sincerity fee and queuing fee, and then convert them into deposit through contracts, which limits consumers' right to terminate contracts and damages consumers' rights and interests. Consumers should pay attention to the contents of relevant bills and contracts to prevent the name of payment from changing.

(3) Concealing and exaggerating facts and inducing buyers in violation of regulations.

In terms of sales promotion, the main problems of consumer complaints are: first, concealing the nature of the house, inducing consumers to violate the rules and regulations, such as concealing the restricted sale (not transferable during the restricted sale period) and the property rights of the apartment (mostly for 40 years), which harms consumers' rights and interests; The second is to make false propaganda and false promises through illustrations, on-site display, oral promises and other forms; The third is to induce unqualified consumers to buy houses in the name of assisting in handling loans; Fourth, concealing important unfavorable factors and failing to fully fulfill the obligation of informing, such as surrounding facilities; The fifth is to exaggerate the favorable conditions for selling houses and induce transactions, such as school districts and traffic conditions.

For example, on July 23rd, 2002 1, Ms. Consumer Palace came to the Consumer Protection Committee of pinghu city, Jiaxing City, Zhejiang Province to complain that she and her husband came to Pinghu two months ago and ordered a commercial house in a building in Danghu Street on June 3rd1. At that time, she paid a deposit of 0.2 million/200 thousand, only the subscription book and receipt. She complained that the developer didn't tell her that the commercial house was next to the crematorium and concealed important information when she bought it. After the staff of pinghu city Consumer Protection Committee received the complaint, after many times of communication, the developer agreed to refund, and the consumer expressed satisfaction.

For another example, on July 5, 20021year, Mr. Dong complained to the Xiamen Consumer Rights Protection Committee, saying that he signed a commercial housing sales contract with a real estate development enterprise in Xiamen on May 20 18 15, and when he was preparing to take over the house in September 2020, he found that it was impossible to clarify the nature and scope of use of the garden and basement promised by the real estate development enterprise at the time of sales. Consumers have repeatedly asked real estate development enterprises to give relevant explanations and solutions, but after ten months, the other party still has no clear answer and sincerity to solve the problem. Xiamen Consumer Protection Committee launched an investigation immediately after receiving the complaint. The person in charge of the real estate development enterprise said that the nature of the garden before and after the original commitment belongs to the owner and it is impossible to give clear property rights. Finally, after many mediations, the real estate development enterprise compensated the consumer Mr. Dong for half a year's property fee, and the consumer agreed.

For another example, in early May of 20021,Mr. Zhong, a consumer, took a fancy to a 79-square-meter commercial house in the sales department of a building in Weiyuan County, Neijiang City, Sichuan Province, with a total price of more than 330,000 yuan. Mr. Zhong told the sales staff that he might not be able to apply for a loan because of credit problems, and the sales staff said that they had channels to help consumers successfully apply for a loan from the bank. Subsequently, the two parties signed an order contract, and the consumer paid a 30% down payment of 65,438+10,000 yuan by mortgage. The two sides agreed that the sales department would assist consumers to apply for loans from the bank for the remaining 236,000 yuan. As the loan was not approved, consumers were unable to pay the remaining house payment. At the beginning of June, consumers demanded to cancel the purchase contract and refund the house payment. The developer said that if the house purchase contract is terminated, it should pay the total house price 15%*** liquidated damages of more than 50,000 yuan as agreed in the contract. The two sides failed to negotiate many times, and the consumer complained to Weiyuan Consumer Protection Committee on July 1. After four times of on-site mediation organized by the staff, the developer finally agreed to refund the consumer's down payment and terminate the contract.

Opinions of consumer associations

Consumers have the right to know the real situation of the purchased house, including the house itself, supporting facilities and surrounding planning. Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts stipulates: "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 constitutes 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. " Article 15 of the Measures for the Administration of Commercial Housing Sales stipulates: "The parties shall make an agreement on the matters clearly stated in the advertisements and publicity materials for commercial housing sales issued by real estate development enterprises and real estate intermediary service agencies." In addition, the Regulations on the Publication of Real Estate Advertisements stipulates that the contents of real estate advertisements shall not contain the promise of appreciation or return on investment, shall not indicate the location of the project by the time it takes for the project to reach a specific benchmark, shall not violate the relevant state regulations on price management, and shall not mislead and publicize the municipal situation under planning or construction. For housing transactions, consumers should make reasonable arrangements according to their own credit status. If they don't meet the credit conditions, don't trust the promises of developers or intermediaries to help them successfully apply for loans.

(4) Fancy breach of contract, refusing to take responsibility for various reasons.

In terms of contract performance, the main problems of consumer complaints are as follows: First, the delivered houses are inconsistent with the model houses and loushu propaganda. For example, the height of the building becomes lower and the number of beams increases; Second, the housing area has shrunk, which is inconsistent with the area agreed in the contract; Third, the developer delayed the delivery of the house and refused to bear the liability for breach of contract; Fourth, after the delivery of the house, it is impossible to assist the owner in handling the transfer in time; Fifth, green belts, fitness areas, etc. Failing to deliver with the room or changing other uses, such as changing the swimming pool into a parking space; Sixth, use supplementary agreements and special agreements to promote unfair format clauses.

For example, on 20 19, 1 1, Mr. Pan, a consumer from Tianchang City, Chuzhou, Anhui Province, ordered a house in a real estate company in Tianchang City and signed an agreement to return the house without reason. According to the agreement, the buyer has the right to return the house at any time without reason from the date of signing the Commodity House Purchase and Sales Contract and the No Reason Return Agreement until the check-in formalities. 20 19 1 1 Since Mr. Pan signed the contract, the real estate company has been unable to formally sign online, so it applied for no reason to check out on June 9, 2020. But the real estate company delayed the refund for various reasons. In June, 20021,Mr. Pan complained to Tianchang Consumer Protection Committee. The Municipal Consumer Protection Committee immediately arranged a special investigation after receiving the complaint, and the consumer complaint was true. After communication and mediation by the staff of the Consumer Protection Committee, an agreement was finally reached: the sued real estate company arranged a special person to handle the refund, and the consumer received a check-out payment of more than 640,000 yuan in late July.

For another example, Ms. Zhang complained to the Xiamen Consumer Protection Committee that she bought a property with an area of 84.08 square meters through a real estate development company in Xiamen from 2065438 to July 2, 2009. When the house was handed over on June 8, 20021year, the acceptance materials submitted by the real estate company showed that the measured area was 83.28 square meters (the area difference was 0.8 square meters, and the difference was 3 1439.2 yuan), and the real estate company indicated that the area difference was less than 1% according to the contract. Paragraph 1 of Article 13 in Chapter V of the Contract stipulates that if the absolute error ratio of interior construction area is less than 3% (including 3%), the house price shall be settled according to the facts. The supplementary agreement stipulates that when the absolute value of the error ratio of the construction area is greater than 1% and less than 3%, the house price shall be settled at the contract unit price. Consumers think that the main contract is clear and there is no need to sign a supplementary agreement. The relevant contents of the supplementary agreement completely deviate from the main contract. There is a dispute between the buyer and the seller. After investigation, Xiamen Consumer Protection Committee organized the two parties to conduct on-site mediation, and Ms. Zhang proposed a plan to waive the property fee for 1-2 years, but the two parties failed to reach an agreement. Later, after telephone contact, the real estate company agreed to give a broken wall machine as compensation.

For another example, on September 9, 20021year, Mr. Wu complained to Zhenjiang Consumers Association of Jiangsu Province. When Mr. Wu signed a formal house purchase contract, he found that there were unequal clauses in the contract, and his liability for breach of contract was unequal to that of the developer. If Mr. Wu breaches the contract, he will pay the developer three thousandths of the overdue payment penalty, while the developer only needs to pay the consumer one thousandth of the overdue delivery penalty. Mr. Wu opposes this clause. The developer said that the contract was a model contract provided by the Housing and Urban-Rural Development Bureau. If you have any questions, please consult the Housing and Urban-Rural Development Bureau. Consumers consult the Housing and Urban-Rural Development Bureau, and the model reply contract is provided by the Housing and Urban-Rural Development Bureau. However, the specific content is negotiated between developers and consumers, and there are obviously unequal clauses in the contract, which is definitely unacceptable. However, the developer insisted on changing the terms of the contract and asked Mr. Wu to continue to perform the contract. After mediation by the staff of Zhenjiang Consumers Association, the person in charge of the developer agreed to refund Mr. Wu's deposit, and said that all the legal responsibilities in the four real estate sales contracts in Zhenjiang would be changed to reciprocal responsibilities. Mr. Wu expressed satisfaction with the result.

Opinions of consumer associations

It is the operator's obligation to perform the contract according to law and deliver it qualified. According to the provisions of the Civil Code, business operators should fully perform their obligations as agreed. If the performance is not in conformity with the contract, they shall bear the liability for breach of contract in accordance with the contract. Article 30 of the Measures for the Administration of Commercial Housing Sales stipulates: "The real estate development enterprise shall deliver the commercial housing that meets the delivery conditions to the buyer on schedule in accordance with the contract. If it is not delivered on time, the real estate development enterprise shall bear the liability for breach of contract. " Compared with consumers, developers belong to a strong side. Some developers use deposit and other means to fix consumers first, and then "bypass" the model contract through supplementary agreements and other means, forcing consumers to accept the unfair format clauses drawn up unilaterally, so as to exclude and restrict consumers' rights, increase consumers' responsibilities, and reduce or exempt operators' responsibilities. Consumers either accept unfair terms or lose their savings, which is a dilemma and should be severely punished.

(5) Housing agents should be careful when mixing.

In terms of housing agencies, the main problems of consumer complaints are: First, some housing agencies resort to deceit, such as publishing false housing information, opaque housing prices, and concealing the real situation of housing. Second, there are some arbitrary charges, such as collecting agency fees and bank loan fees without informing or obtaining the consent of consumers; Third, some housing agencies violate the rules, such as revealing the personal information of buyers and sellers, promising to handle bank loans instead of banks to supervise funds for buyers, and taking the purchase money for themselves or using it for other purposes; Fourth, some intermediary companies and staff confused the concepts of online signing for the record, intermediary online signing and mortgage. , misleading buyers, so that they can not achieve online signing transfer after paying down payment and agency fees; Fifth, some use standard clauses to infringe upon the legitimate rights and interests of consumers or fail to perform according to the contract.

For example, in May, 20021,Mr. Jiang from Taizhou City, Zhejiang Province purchased a second-hand house through Huangyan Kaihong Real Estate Agency. Later, when Mr. Jiang went through the transfer formalities, he had to pay 5.6% value-added tax and additional tax in full because the property was less than two years old. Mr. Jiang thinks that the intermediary clearly introduced the property right of the house for more than two years, but now it is less than two years, which is inconsistent with the reality, so he complained to the Consumer Protection Committee of huangyan district, Taizhou. After receiving the complaint, the staff contacted both parties for mediation. Because the gap between the two sides' requests for fee reduction is too large, the mediation failed. Mr. Jiang said it would be solved through legal channels.

Another example is that in July of 20021year, Ms. Wang bought a house through a real estate agent in Jiyuan City, Henan Province. On the signing day, Party A claimed that the real estate license was lost, and repeatedly guaranteed that the real estate area was116m2. The consumer prepaid 50,000 yuan to the real estate agent. Later, when the consumer went to the bank to apply for a loan, he learned that the actual registered area of the property was 1 13.22 square meters, which was 2.78 square meters less than the contract. Consumers immediately reflected the problem of area difference to real estate agents. After learning about it, the intermediary proposed to negotiate with Party A to reduce the original transaction price by 30,000 yuan, but Party A did not agree. The consumer asked for a refund of 50,000 yuan, and the person in charge of the real estate agent said that only 30,000 yuan could be refunded. On September 3rd, consumers complained to Jiyuan Consumer Rights Protection Committee. After mediation, the three parties finally reduced the transaction price of the original contract by 20,000 yuan and reached a settlement agreement.

Opinions of consumer associations

Article 22 of the Measures for the Administration of Real Estate Brokers stipulates: "When a real estate brokerage institution signs a house sale or lease brokerage service contract with a client, it shall examine the house entrusted for sale or lease, the house ownership certificate, the client's identity certificate and other relevant materials, and shall prepare a statement of the house condition. With the written consent of the client, the corresponding listing information can be released to the society. " Before signing a real estate brokerage service contract, real estate brokerage institutions and brokers shall truthfully explain the relevant contents of the real estate brokerage service contract and the house sales contract to the client, and truthfully inform the rights and obligations of all parties. Real estate brokerage agencies and brokers who fail to fulfill their due obligations and cause losses to consumers shall be liable for compensation.