Dispute case: buying the first floor to send the garden is actually a bluff.

? Buy a first floor for the garden? When people buy a house, they will encounter such propaganda from developers. So, the garden? Send? Here it is. Can I grow some food in the garden? Yesterday morning, on the first day of listing, a property agency in Guancheng District of Zhengzhou City encountered such a dispute: because the property pulled out the vegetables in the owner's garden, the owner sued the property to the property agency. Who is right or wrong, please see the first social court in the province that specializes in hearing property disputes.

My master won't let me grow vegetables in my garden?

Yesterday morning, Zhengzhou Guancheng District Hanghai East Road Property Social Court was just listed, and the first resident who complained came.

Zhang Mei (pseudonym) is a resident of Futian Community 19 Building. The old man planted vegetables in the small garden, only to find that it was unplugged by the property after work. ? We grow vegetables in our garden. Why should the property be pulled out? ? Zhang Mei said angrily? Isn't the garden our own? ?

There is another thing that Zhang Mei is not satisfied with: it is very common to grow vegetables in small gardens. Why didn't other residents pull out their dishes on the first floor, and the property only pulled out their dishes? Just for them?

Sun and other five social judges for the first time? Ask questions in court? ,? Lobby? Property Social Court in Futian Community: The motto of "Advising Peace" is hung on the wall, and the oval table is placed indoors, which is warmer than the court. ? Plaintiff? Zhang Mei and? Defendant? Guo Jianfeng, director of residential property, sat side by side.

Small property right garden is everyone's green space.

? Before pulling vegetables, we have issued a notice to remind the owners to dispose of the vegetables in the small garden by themselves, and the owners may not see them. ? Guo Jianfeng, director of Futian residential property, explained that the purchase contract clearly stated that if the owner bought a house on the first floor, he only had the right to use the small garden and had no property rights. The small garden belongs to the public green space of the community. If he wants to grow vegetables in the small garden, he must get the consent of other owners before he can grow vegetables in the small garden, which reduces the green area of the community and infringes on the interests of other owners. Property personnel pull vegetables to safeguard the interests of other owners.

Guo Jianfeng explained to Ms. Zhang Mei why she only took out their food. There is a first time for everything. Ms. Zhang Mei's house may be the first, but the property is not aimed at a single owner. ? Zhang Mei expressed dissatisfaction with this explanation and still demanded that the property compensate for the economic losses.

? Judge? The property replants flowers and plants for the owners free of charge.

? Pulling vegetables without direct communication with the owner, the practice of the property is somewhat rude. ? Sun, the presiding judge, first put forward the working mode of property? Criticism? Later, he advised his master that it was really inappropriate to grow vegetables in a small garden.

Sun explained that article 18 of the Regulations on the Management of Urban Landscaping Construction in Zhengzhou City stipulates that it is forbidden to grow vegetables, breed and other behaviors that are harmful to greening plants and facilities in green spaces. ? I thought this small garden was my own. I can do whatever I want. After listening to your explanation, it seems that it is not the case. ? Zhang Mei said. Finally, after mediation by social judges, the property agreed to replant flowers and plants for Zhang Meijia's small garden for free.

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? Buy a first floor for the garden? 、? Buy a penthouse for the garden terrace? When people buy a house, they often encounter such propaganda from developers. Many people's understanding of this is, is it issued by the developer? Garden? , or pay more for the garden, owned by the owners on the first floor? Use and own? .

In a new residential area in Erqi District, Zhengzhou City, the small garden on the first floor was surrounded, and residents planted flowers, vegetables and sundries in it. ? This is my small garden. Growing vegetables is no different from growing flowers and grass. It's all greening. ? An owner surnamed Chen on the first floor said that he had the right to use the garden in the purchase agreement. Isn't it the right to use vegetables?

Zhao Wanjun, lawyer of Zhengzhou Branch of Tianzhiquan Law Firm, said that the so-called developers? Send? , just the right to use the green space? Conservation, right? Giving it to the buyer within a certain period of time does not really give all the right to use it.

Zhao Wanjun hinted that where is the developer? Send green space? At that time, in order to avoid possible disputes in the future, it should be clear in the purchase contract how big the right to use green space is, rather than fooling the buyers.

It is said that the public interest is used to fool individual owners.

? If the small garden in front of the first floor really belongs to an owner on the first floor, the owner upstairs will definitely not buy it. ? Zhao Wanjun said that Article 73 of the Property Law clearly stipulates that the green space within a building division belongs to the owner, except for urban public green space or individuals. Therefore, if the garden promised by the developer belongs to the scope of public green space, the developer has no right to give it? Send? To individual owners. Without specific regulations, giving away people without authorization infringes on the interests of all owners and may be taken back for public use.

? The garden on the first floor belongs to the public part of the community and belongs to all the owners of the community. Developers have no right to dispose of public parts, so? Buy a first floor for the garden? Our propaganda is to fool individual owners with the interests of all owners. ? Zhao Wanjun reminded property buyers not to trust the verbal promises and propaganda of developers when buying a house, but to carefully study the terms in the purchase contract, and it is best to ask professional real estate lawyers for help to avoid falling into the trap of buying a house.

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Consumer protection is still in a weak position.

Editor's Note: At present, the house has become the focus of almost all major occasions, such as the two sessions, 3? 15 is no exception. In this consumer friendly day, the atmosphere is often not relaxed. The protracted tug-of-war between buyers and sellers is still highlighted through investigation, inventory, exposure and routine media operations. Overlord treaty, deposit dispute, overdue delivery, planning change, property right certificate dispute, housing quality dispute and property dispute are common.

Wang Qianhu, Assistant Secretary-General of China Consumers Association, revealed that last year, consumer associations across the country accepted a total of 12954 housing sales complaints, down 22% from 2008. But judging from the problems reflected by consumers, there are still many problems in the real estate market.

Wang Qianhu introduced that the overall market of the real estate industry was first suppressed and then promoted last year. At first, some development enterprises took some promotional measures such as price reduction and preferential treatment because of the tight capital chain. When consumers order or sign a house purchase contract, with the recovery of the real estate market, the liquidity increases, and the funds in the real estate market are gradually abundant. Some enterprises are treacherous, such as tearing up the contract, raising prices in disguise, or hoarding property, or even taking more pools, which reduces the service quality and lowers the grade of some decoration materials and houses. ? Consumers report that there is no problem with the model houses shown to you in some real estates, but it is different to get the keys to your home. There are many quality problems such as water leakage, water leakage, crooked doors and cabinets, and wrong floors. It is difficult to find a developer to solve the problem at this time. ? As a result, the contradiction has gradually intensified, and some real estates have even seen incidents in which buyers gathered to protest against the lack of integrity of developers.

A recent survey shows that more than 80% of the respondents were fooled when buying a house. The main problems are false advertising, exaggeration, failure to honor promises, and when will the property open? Be raised in price? , the room area is inconsistent with the sales statement, the developer did not apply for the real estate license in time, and the housing quality problems (wall cracking, material use, pipeline installation, etc.). ), housing property rights shrink, developers delay delivery, residential planning changes, etc.

Not only are there many problems, but consumers are still in a rather weak position in safeguarding rights. According to the survey, when property buyers encounter these problems, more than 40% respondents choose? Afraid of trouble, bear it? . Even if we try to solve it, the final result is not satisfactory. Choice? Not only has it not been solved, but the problem has worsened? And then what? Not solved, dragged? It accounts for more than 60%. While asking themselves to strengthen the study of relevant knowledge, buyers place more hopes on the government. 60.66% of the respondents think that? The government strengthens supervision? It is the most effective measure to safeguard consumers' rights and interests. (Source: China News Network reporter Zhang Xiaoli)

The housing rental market has become a high-incidence area of fraud, and forging property certificates has become a magic weapon.

This year? Two sessions? During the period, the housing price problem ranked first in the hot spot of people's livelihood.

Since last year, house prices have soared at a crazy speed, and even some citizens lamented: Want to do it? House slave? Both are difficult.

The reporter recently learned from the Haidian District People's Procuratorate in Beijing that in addition to high housing prices for the masses? Hurt? Besides, there are people who are hurt by other problems in the house.

They are either tricked into buying affordable housing or renting a house.

According to a set of statistics of Haidian District Procuratorate, in 2009, the number of housing-related fraud cases handled by this hospital increased by 100% compared with 2008. The public information of political and legal organs all over the country also shows that housing fraud cases have been on the rise.

? There are four kinds of housing fraud crimes we accept: buying houses at low prices, selling houses by fake owners, cheating on rents by fake owners, and cheating on taxes by intermediaries. Among them, the number of low-priced purchasing cases and the amount involved are relatively large. ? The relevant person in charge of the Haidian District Procuratorate said.

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Li Yong (a pseudonym) is the head of a trading company in Beijing. His business has been losing money. Not long ago, after he saw a news about affordable housing on the Internet, he suddenly came up with one. Make money? The method.

Later, Li Yong found a classmate and lied that his uncle was the director of the Land and Resources Bureau and had the ability to buy affordable housing near Jiuxianqiao. If he needs to buy a house, he can always ask him for help.

Although Li Yong's classmates knew that they did not meet the requirements for purchasing affordable housing, they paid Li Yong a house price of 290,000 yuan considering the rapid growth of housing prices in Beijing and Li Yong's remarks.

After that, Li Yong stopped contacting this classmate and bought affordable housing. Li Yong's classmates reported the case to the police in desperation.

It is understood that under the pressure of high housing prices, it has become a common phenomenon to use the purchase of affordable housing for fraud, and sometimes it will appear? Is there a liar among liars? Situation. A young man who swindled millions of dollars in the name of helping to buy affordable housing admitted that he had the ability to help people buy affordable housing, but not by his own relationship, but through a? Friends? . However, after charging the buyer part of the purchase cost, I found this? Friends? The mobile phone number of has been cancelled, so we can't contact again.

The relevant person in charge of the Haidian District Procuratorate told the reporter that the victims who were cheated by buying affordable housing and relocated housing generally did not have the conditions for buying a house. They usually have acquaintances with the suspect, such as friends or relatives, so it is easier to trust the suspect.

Forged house title certificate? Magic weapon?

Yao Wang (pseudonym), who works in Beijing, has rented someone else's house for several years. But not long ago, Yao Wang posted a message on the Internet saying that he was going to sell his house.

A property buyer saw this information on the Internet and immediately got in touch with Yao Wang. After the two sides met, Yao Wang showed his house ownership certificate to the owner. Seeing that the other party took out the house ownership certificate, the buyer signed a house sales contract with Yao Wang with confidence and agreed to buy the house at a price of 350,000 yuan.

Subsequently, the buyer paid part of the house price 1.5 million yuan in two installments, and Wang Yao delivered the property ownership certificate for himself. However, when the buyers went to Fengtai District Real Estate Transaction Ownership Certification Center for verification, they were told that the real estate license they held was forged. The buyer immediately called the police. After investigation by the police, Yao Wang pretended to be the owner of the house he rented and forged the house ownership certificate for fraud.

The relevant person in charge of the Haidian District Procuratorate said that with the soaring housing prices, such cases have gradually increased. The most prominent feature is that in order to gain the trust of the victims, criminal suspects will provide some forged house property certificates, identity cards and other documents. In the housing fraud cases accepted by Haidian District Procuratorate, more than 50% of the suspects have forged documents and seals, which is also an important factor for the success of criminal suspects' fraud. At the same time, it is also a traditional way to defraud rent by forging documents.

Intermediary tax fraud has become a new type of tax fraud

Cheng Yun (pseudonym) is the branch manager of a real estate agency in Beijing, claiming to be able to handle the tax reduction and exemption business of second-hand houses.

Not long ago, Cheng Yun was in charge of the transfer formalities of an owner's real estate license. After receiving this business, Cheng Yun forged deed tax and business tax payment vouchers, and took these forged materials to the transaction hall of Haidian District Construction Committee to handle the transfer formalities of the real estate license, and received the real estate license.

Cheng Yun handled the house transfer formalities and real estate license for the buyers, and collected the deed tax and business tax paid by the buyers of RMB 6,543,800+3,000. Later, when the buyers found that the business tax invoice provided by Cheng Yun was forged, they reported it to the police.

? This kind of case is a new type of housing fraud. ? The relevant person in charge of the Haidian District Procuratorate told the reporter that the criminals were able to succeed. On the one hand, when accepting real estate transfer and other businesses, the relevant functional departments examine all kinds of documents and materials provided by the applicants in a mere formality, so that criminals can take advantage of them; Another reason is that real estate agents lack effective supervision over their employees, which facilitates the employees of intermediary companies to use their identity, working conditions and company resources to defraud customers of taxes and purchase money.

Affordable housing fraud? Kill them?

Real estate market disputes continue to safeguard rights. More than 80% of the buyers have been fooled.

Is there a problem? Send the garden? What is it?