Five pits that novices can't avoid buying a house! If I don't step on these, I lose.

Compared with second-hand houses, first-hand houses are favored by some people because of their short age, new age, modern landscape design, simple transaction and large appreciation space. Accordingly, the buyer should also bear the time and decoration costs. The delivery time of first-hand houses is generally 1-3 years or even longer, and the delivery standards of real estate planning are often not fully met.

Therefore, property buyers often face property market disputes such as developers changing their plans, false propaganda, and unknown parking spaces. For novices who buy first-hand houses, they should be fully prepared and dare to use legal weapons to safeguard their rights and interests when encountering disputes. So after consulting the information and consulting some old drivers who bought houses, I pointed out these five pits for novice buyers according to the actual situation:

One: The good swimming pool mentioned in the publicity is gone!

The publicity materials of the real estate developer said that a residential swimming pool would be built, but it was not delivered and the purchase contract was not reflected. What should I do?

Lawyer explained: The explanations and promises made in the commercial housing sales advertisements and publicity materials about the houses and related facilities within the commercial housing development scope are specific, which have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price, even if they are not included in the sales contract, they should be regarded as the contents of the contract. Property buyers can ask developers to bear the responsibility for breach of contract.

Two: How did the school district become a private school?

Good school district, why only private schools?

Lawyer's correct solution: If the contract between the buyer and the developer clearly stipulates the introduction of public schools, and the developer breaches the contract, the buyer can ask him to bear the liability for breach of contract or cancel the contract to refund the house payment. If there is no clear agreement in the contract, even if the developer has this advertisement in the publicity, it is regarded as a general introduction. According to the provisions of the Supreme Court, only the explanations and commitments made by the seller on the houses and related facilities within the scope of the commercial housing development plan are specific and have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price can be regarded as an offer.

In addition, the concepts of school district housing and degree housing also need to be carefully distinguished:

A degree room means that as long as you buy a house, you will enjoy the number of places to go to school. Generally, the schools you bring are private or joint schools with only one child. The degree room is not restricted by hukou, which is one of the advantages different from the school district room. However, because schools with degree rooms are private, the fees are particularly high. It is estimated that the sum of primary school and kindergarten is about100000, which is similar to spending money to buy a school district. Moreover, the degree room school may have a large flow of teachers, and the quality may be different from the teachers recruited by the school district.

School district housing is oriented to nine-year compulsory education, which is divided by the government according to the enrollment situation of the school district every academic year. The real school district house is: the house belongs to the scribed school district of a key primary school or middle school. Buying a school district house only qualifies you for random allocation in a quality school. Whether you can enter depends on the capacity of the school and the number of applicants.

Three, the property company's various pits

When the decoration meets the overlord clause, the property company requires the owner to hire a designated decoration company and pay the decoration deposit and supervision fee, otherwise the decoration will not be carried out.

Lawyer's voice: There is a property service relationship between property companies and property buyers. Moreover, property companies have no right to force property buyers to buy the anti-theft net they provide. In addition, the property management company's collection of decoration deposit and supervision fee belongs to arbitrary charges, and the property management company may not charge the owners or users or decorators normal property service fees.

Fourth, what about the agreed parking space?

According to the Administrative Measures for the Allocation and Disposal of Parking Spaces in Shenzhen Real Estate Development Projects (Draft for Comment), the allocated parking spaces shall be agreed to be owned by all owners of real estate development projects. Additional parking spaces can be agreed to be owned by real estate development enterprises. If it is stipulated in the house purchase contract that all the parking spaces owned by the owner are owned by the developer, the agreement is invalid. Article 74 of the Property Law stipulates that parking spaces and garages planned for parking cars within a building division should first meet the needs of owners.

5. Is there no agency to charge an agency fee?

Lawyer's answer: According to Article 426 of the Contract Law, if the broker facilitates the establishment of the contract, the client shall pay the remuneration as agreed. If the broker only leads the customer to see the house, but does not facilitate the establishment of the sales contract, he should not pay the intermediary remuneration, that is, the intermediary fee.

Even if the signed inspection book stipulates that the commission should be paid regardless of whether the transaction is facilitated under its intermediary service, the agreement exempts the broker from the main obligation and forces the customer to accept the intermediary service. The format clauses drawn up in advance by the acceptance sheet for unspecified customers are invalid.

For the smooth purchase of your house, I hereby send you a complete set of "anti-pit" raiders to take away. Thank you.

(The above answers were published on 2017-12-18. Please refer to the actual situation for the current purchase policy. )

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