What are the common overlord clauses in buying a house? How to deal with overlord clause?

I built the house, I set the price, and I have the final say in signing the house. Many unscrupulous developers with deep pockets turn a blind eye to real estate-related laws, and it often happens that they sign overlord clauses with property buyers. When buying a house and signing a contract, what are the common types of overlord clauses? Facing the overlord clause, how should buyers raise legal weapons to safeguard their legitimate rights and interests?

Overlord clause 1: claiming that it is not a format contract

As stipulated in the Supplementary Agreement for the Purchase and Sale of Commercial Housing, all contracts and related documents are reached voluntarily after full consultation between the buyer and the seller, and are not standard contracts provided by the seller. The seller reserves the right to interpret the terms of the contract and is responsible for the interpretation.

Legal analysis:

According to Article 4 1 of the Contract Law, if there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. It is not the developer who handles it according to the favorable explanation.

Overlord clause 2: unequal liability for breach of contract

The Supplementary Agreement for the Purchase and Sale of Commercial Housing stipulates that if the buyer fails to pay the house price on time, it shall pay 10% of the house price to the seller as liquidated damages. If the buyer fails to obtain the property right certificate within the specified time limit, the seller shall pay the buyer 0% of the paid house price as penalty.

Legal analysis:

Article 5 of the Contract Law stipulates that the parties shall follow the principle of fairness and determine the rights and obligations of each party. According to "the Supreme People's Court on implementation"

Overlord clause 3: area error cannot be detected

The Supplementary Agreement for the Purchase and Sale of Commercial Housing stipulates that if there is any area error, we will not return the house, and both parties will settle the house price according to the facts.

Legal analysis:

Article 14 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 stipulates that if the absolute value of the area error ratio exceeds 3%, the buyer's request to terminate the contract and return the paid purchase price and interest shall be supported.

If the area error exceeds a certain proportion, the law gives the buyer the right to terminate the contract. If there is an agreement in the contract, it shall be followed; if there is no agreement, it shall be legal. If the developer excludes the buyer's right to terminate the contract through standard terms, the standard terms are invalid. The buyer may exercise the right to terminate the contract according to law, and this right shall not be deprived by agreement.

Overlord clause 4: * * part belongs to the developer.

The Supplementary Agreement for the Purchase and Sale of Commercial Houses stipulates that the right to use the roof and the right to use the external wall of the building where the commercial house is located does not belong to the buyer, and the buyer and the seller agree that the rights and interests of the commercial real estate and facilities invested and built by the seller, such as advertising rights on the roof and external wall, clubs, leisure and entertainment facilities, belong to the seller.

Legal analysis:

Article 73 of the Property Law stipulates that other public places, public facilities and property services within the building division shall be owned by the owners.

According to the General Principles of the Civil Law, the Regulations on Property Management and the provisions of relevant departments, the construction unit shall not dispose of the ownership or use right of the parts and facilities of the property enjoyed by the owners according to law; If the property uses * * * parts and * * * equipment for operation, it shall go through the formalities in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property management enterprises, and the proceeds shall be mainly used to supplement special maintenance funds, or used according to the purposes decided by the owners' congress; The property rights of public parts that have been included in the shared area belong to the owners, and real estate development enterprises shall not rent or sell them separately without authorization.

Overlord clause 5: Exemption from false advertisements

A Supplementary Agreement for the Purchase and Sale of Commercial Houses stipulates that before the buyer signs the contract, all pictures, materials and descriptions of the seller in advertisements and promotional materials (or building models, sales brochures or other carriers) are for the buyer's reference only, subject to the final examination by the government.

Legal analysis:

According to 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, the explanations and commitments made by the seller on the housing and related facilities within the scope of commercial housing development planning are specific, which have a significant impact on the conclusion of commercial housing sales contracts and the determination of housing prices, and shall be deemed as an offer. Even if the explanation and commitment are not included in the commercial housing sales contract, they should also be regarded as the contents of the contract. If a party violates it, it shall bear the liability for breach of contract. Therefore, the exemption clause exempting the party providing the format clause is invalid.

Overlord clause 6: the subscription deposit is not refundable

The Supplementary Agreement for the Purchase and Sale of Commercial Houses stipulates: "If Party B fails to sign the Purchase and Sale Contract for Commercial Houses after the signing of this agreement, the deposit paid by Party B will not be refunded."

Legal analysis:

This clause limits the rights of the buyer. Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the seller accepts the buyer's deposit as a guarantee for concluding the commercial housing sales contract by subscription, order or reservation, if 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; If the commercial housing sales contract cannot be signed due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.

The above are some common overlord clauses in buying a house and the relevant answers of buyers on how to protect their rights in the face of overlord clauses. Unequal things happen from time to time when buying a house and signing a contract. Buyers should learn to understand basic legal knowledge and safeguard their legitimate rights and interests when necessary.

(The above answers were published on 20 16-0 1-08. Please refer to the actual situation for the current purchase policy. )

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