Watch out! What you signed may really be a fake house purchase contract!

Buying a house is really a painful job: I broke my leg watching the house and finally bought a house I like before the house price rose again. When signing the purchase contract, I saw that proper nouns were full of troubles: study hard, I have no time and energy; Let's not dig deeper. What should I do if I lose in the future?

Let's talk about the fake contract you signed in detail and the matters that must be paid attention to.

Unequal clause

Overlord clause 1: this advertisement is an invitation to offer, and all pictures and text descriptions are subject to the contract. ?

Expert comments:

Paragraph 2 of Article 15 of the Contract Law stipulates: "If the content of a commercial advertisement conforms to the provisions of the offer, it shall be regarded as an offer." According to Article 3 of the Interpretation of the Supreme Law on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Disputes, even if advertisements are not included in the contract, they should be regarded as the contents of the contract. If it is violated, it shall be liable for breach of contract.

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Overlord clause 2: Unless otherwise specified, the drawings, materials and advertisements provided by the seller to the buyer in the process of selling the house are for the buyer's reference only, and are not regarded as contract terms, and the seller has the final interpretation right. "or" the sales materials and sand table display provided by Party A are used for advertising. If Party B's understanding of sales materials and sand table is different from Party A's, Party A has the final interpretation right.

Expert comments:

According to the analysis of the last article, even if the advertisement is not in the contract, it should be regarded as the content of the contract. If it is violated, it should bear the liability for breach of contract. Article 40 of the Contract Law stipulates that if the party providing the standard clause exempts the other party from its responsibilities, aggravates the other party's responsibilities and excludes the other party's main rights, the clause is invalid. That is, the operator shall not exclude the consumer's right to interpret the format terms in the format terms.

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Overlord clause 3: If the subscriber fails to pay the down payment or sign a formal house purchase contract with the seller within 7 days after signing this subscription, the down payment paid by the subscriber will not be refunded. "or" Party B shall sign the Commodity House Sales Contract and other relevant documents with Party A at the' XXXXX' sales site within XX days from the date of signing this agreement; If Party B fails to sign the sales contract with Party A within the time limit, Party A has the right to sell the commercial house set by Party B separately without further notice, and this agreement will automatically become invalid, and the above deposit will not be refunded.

Expert comment:?

This clause only binds the subscriber not to sign the contract and the seller, and the rights and obligations of both parties are not equal. According to Article 22 of the Measures for the Administration of Commercial Housing Sales and Article 4 of the Interpretation of the Supreme Law, if a contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit.

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Overlord clause 4: The right to use the roof and external wall of the building does not belong to the buyer, but the advertising right of the operating properties and facilities such as the roof and external wall, clubhouse, leisure and entertainment facilities invested and built by the seller is owned by the seller. "or" the seller has the right to use the external wall and roof of the building to mark the name of the project developer and the name of the community without the consent of the buyer.

Expert comments:

This clause infringes on the rights of the owner. Article 7 1 of the Property Law clearly stipulates that the owner has the right to possess, use, benefit and dispose of the exclusive part of his building. Article 49 of Chengdu Property Management Regulations stipulates: access roads, stairs, property service rooms, etc. It belongs to the owner, and it is forbidden for any unit or individual to occupy, dispose of or use it for other purposes.

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Overlord clause 5: All parking spaces on roads or sites in residential areas are owned by the seller, and the seller has the right to sell or lease them.

Expert comments:

This clause violates Articles 73 and 74 of the Property Law, and excludes the owner's right to possess, use, benefit and dispose of the roads and parking spaces in the community. In addition, Article 1 1 of the Measures for the Supervision and Handling of Contract Violations stipulates that if a business operator and a consumer conclude a contract with standard terms, the business operator shall not exclude the rights that the consumer should enjoy in the standard terms.

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Overlord clause 6: If the commodity house is not delivered to the buyer for use within the time limit stipulated in this contract due to design adjustment, climate change and other reasons, the seller shall not be liable for breach of contract. "or" if the government acts (including but not limited to government mandatory documents, administrative bans and large-scale water and power outages, college entrance examinations, health creation, etc.). ) leads to the extension of the project period, the delivery time of the seller's house is postponed accordingly, and the seller's liability for breach of contract for overdue delivery is exempted.

Expert comments:

Article 30 of the Measures for the Administration of Commercial Housing Sales stipulates that real estate development enterprises shall be liable for breach of contract if they fail to deliver on time. If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties to the contract, the real estate development enterprise shall promptly inform the buyer. Force majeure refers to an objective situation that cannot be foreseen, avoided and overcome. Design adjustment, climate change and other reasons are not within the scope of force majeure, and the seller's overdue delivery of the house is regarded as a breach of contract.

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Overlord clause 7: If the buyer fails to obtain the real estate ownership certificate within the specified period due to the seller's reasons, the seller shall pay the buyer a penalty of one ten thousandth of the total price of the real estate every day and continue to perform the contract. If the Buyer fails to cooperate with the Seller to handle the property right registration within/0/5 days from the date when the Seller notifies the household, it shall pay the Seller a penalty of 0.5 ‰ of the total house price per day from that date.

Expert comments:

The amount of liquidated damages between the buyer and the seller is inconsistent, which increases the responsibility of consumers, violates the fairness principle of contract law and excludes the right of consumers to change or terminate the contract.

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Overlord clause 8: If the buyer breaches or terminates the contract, the buyer shall pay the seller a penalty of 20% of the payables; If the Seller breaches the contract or terminates the contract, the Seller shall pay 5% of the payables as penalty.

Expert comments:

The amount of liquidated damages between the buyer and the seller is inconsistent, which increases the responsibility of consumers and violates the fairness principle of contract law and article 10 of the Consumer Protection Law.

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Overlord clause 9: The buyer shall pay the property, insurance, notarization, gas, water, electricity, cable TV, fixed telephone, decoration deposit and other expenses when handling the check-in formalities, otherwise the check-in formalities will not be handled.

Expert comments:

By making such a clause, the seller is actually exempting himself from legal obligations. When the owner purchases a house, the seller shall perform the commercial house sales contract and hand over the key within the specified time. The Measures for the Administration of Commodity Housing Prices in Sichuan Province stipulates that commodity housing prices include "infrastructure construction costs, roads, water supply, power supply, gas supply, exhaust, communication, postal services, cable television, public lighting, landscaping, environmental sanitation, etc." The above fees demanded by the buyer are illegal and repeated charges, and the property service fee and decoration deposit are the contractual relationship between the owner and the property service company. It violates the provisions of Article 9 of the Consumer Protection Law that "consumers have the right to choose their own goods or services".

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Overlord clause 10: When the buyer returns the house for whatever reason, if the house has been renovated, the seller will not bear the renovation expenses and losses.

Expert comments:

"For whatever reason" excludes consumers' right to claim damages. If the quality of the house is not up to standard, the buyer can return the house according to the Measures for the Administration of Commercial Housing Sales and claim compensation. It also violates Article 1 1 of the Consumer Protection Law. "Consumers who have suffered personal or property damage as a result of purchasing or using commodities or receiving services have the right to compensation according to law."

1 1

Overlord clause 1 1: The buyer shall go through the formalities of entering the house at the designated place within 15 days after receiving the notice from the seller. If it is not handled within the time limit, it shall be deemed as consent to enter the house. In addition to the property management fee, the buyer shall also pay the escrow fee of 0.2 ‰ of the total house price to the seller every day since the overdue date, or the seller may terminate the contract as stipulated in some contracts.

Expert comments:

(The above answers were published on 20 17-02-27. Please refer to the actual situation for the current purchase policy. )

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