Six pain points that plague housing consumers' rights protection

"I didn't expect such a large housing company to deliberately drag me for more than half a year for tens of thousands of dollars. There is no reason to check out, but in the end it becomes an endless quarrel between buyers and sellers. " Speaking of a check-out experience last year in front of the Nanfang Daily reporter, Mr. Zhang still looked aggrieved.

On the occasion of "3. 15" International Consumer Rights Day every year, various pain points about buying a house have become hot topics for housing consumers as usual. In the CCTV 3 15 party over the years, complaints against the property market are always in the top three of all kinds of problems. Among them, consumer complaints are more prominent, which are nothing more than old problems familiar to the real estate industry, such as delayed delivery of building permits, worrying quality and safety, lack of supporting facilities, unauthorized changes in planning, difficult refund, and chaotic property management. Below, the reporter of Nanfang Daily combines the recent market survey and the information reported by the Southern+client to sort out and analyze the six major pain points of buyers in the current property market for readers and netizens, and puts forward relevant rights protection suggestions for your reference.

Nanfang Daily reporter Feng Shanshu

Pain point 1

Delay in handing over the house for registration

Buying a house is a top priority in life, and it is also one of the biggest expenses in family consumption, whether it is buying a house for the first time or improving people's living. Xiao Li, a second-hand housing agent, told reporters that most customers will consider the whole process before buying a house, and every step of the plan is indispensable. Therefore, he said, "The biggest pain point in the property market is the delay in handing over the building for registration, which will not only disrupt the plans of buyers, but even directly affect their subsequent job changes, marriage and childbirth, and children's education."

On February 28, a buyer inquired about the pre-sale certificate of a 5 XX era house developed by a leading real estate enterprise through the online platform. The Housing and Urban-Rural Development and Water Conservancy Bureau of Chancheng District, Foshan City immediately reminded buyers on March 3 that the application procedures for pre-sale permit had not been filed at that time, and it is recommended to purchase with caution.

In fact, illegal transactions, unsatisfactory construction period, incomplete procedures, tight funds and other reasons will objectively cause developers to delay the delivery or delay the application. Greed and carelessness are the crux of such troubles for buyers. During the Spring Festival, a consumer proudly told reporters that he bought a set of commercial housing with very good lots and huxing from a large developer in Guangzhou through his relationship. Although the pre-sale certificate has not yet been issued, he still paid hundreds of thousands to the developer at one time.

I would like to remind consumers that even if there are more advantages described by the sales consultant and the conditions given are more favorable, we cannot ignore whether the subject matter of the house traded by both parties is legal and whether the procedures for project investment and construction are complete. Otherwise, it is very likely that you will pay a huge time or money price for your carelessness.

Difficulty 2

Quality and safety are worrying.

In February of this year, Guangzhou Housing and Urban-Rural Development Bureau disclosed on the Internet that in response to the owners' early complaints, a spot check was made on a real estate project developed by a leading enterprise in Huangpu District Knowledge City last year, and it was found that the real estate project had neither foundation-related acceptance data and inspection records, nor chloride ion detection, and there were still quality defects such as pockmarked surface on the concrete surface. To this end, the Huangpu District Housing and Construction Bureau requires developers and other relevant units to carry out rectification and inspection of all single buildings under construction, and arrange special personnel to do the consultation, answering questions and inquiring about relevant information of the owners. Up to now, all the quality problems of the project have been rectified.

In the real estate industry, disputes related to housing quality have always been the focus of complaints from owners. Although the completion and acceptance of real estate needs to be supervised by many departments, in actual transactions, the problem of unqualified housing quality still cannot be eliminated. From foundation to main structure, from exterior wall to interior, from water and electricity installation to corridor design, the housing quality problems exposed by Nanfang Daily and Nanfang Plus can be said to be varied. Especially in recent years, domestic housing enterprises have set off a new round of scale competition, and some leading enterprises have also adopted high turnover to accelerate expansion. Excessive pursuit of investment and development efficiency will inevitably relax the control of quality. Therefore, consumers must play an extremely important role when looking at the house. It is best to invite construction professionals to accompany you. When signing a transaction contract, we must clarify the responsibilities and obligations of both parties to prevent developers from shirking their responsibilities when they encounter problems.

Difficulty 3

Lack of supporting facilities

In the increasingly fierce competition in the real estate market, in order to speed up the transaction progress of new sites, developers often make various "gorgeous" supporting facilities such as education, transportation and medical care in advance. There are many "bad checks" that can't be realized later. The match of the promise was not implemented in the end, which belongs to false propaganda in advertising law and fraud in contract law. However, it is so obvious that in reality, it is often difficult for owners to defend their rights. For developers, they sell houses, but for consumers, they buy homes. If there is no perfect supporting facilities, no matter how beautiful the community is, you will not feel convenient and comfortable.

In recent years, there have been many complaints and disputes about supporting buildings in Guangzhou, Dongguan and Foshan. For example, Guangzhou Tianhe, Liwan, Huangpu and other residential owners reflect more that the resources of famous schools promised by developers have not been fulfilled. Some of them have been properly solved through government supervision and intervention, but some of them have finally achieved nothing. Under the high turnover mode, enterprises generally show quick success and instant benefit, so it is not surprising to attract buyers through exaggeration and false promises in real estate advertisements. The most important thing is that consumers should keep an eye on themselves, especially the sales commitments involving major supporting facilities such as education and transportation, and must be verified by many parties. It is really impossible to verify, the developer had better make a commitment in black and white, and clarify the liability for breach of contract.

Difficulty 4

Change the plan at will

Lao Wang bought a high-rise apartment in a large building in Guangzhou Zhongxin Knowledge City the year before last, and finally handed it over last year. But to his great displeasure, the central garden originally planned in the middle of several high-rise buildings was forcibly built into a three-story commercial complex by developers after the buildings were sold out. This is a typical developer's behavior of maximizing benefits by tampering with the plan after the transaction is completed. Although the owners who bought these high-rise buildings expressed anger, some even asked the developers to restore the original state through complaints and prosecutions, but in the end, things still went away.

No matter whether the green space is changed into shops, parking spaces or any other public facilities, as long as the planning and design drawings officially publicized by the developer and the sales department before the transaction are changed, the results are suspected of illegally infringing on the interests of the owners. This kind of violation of sales commitments can be said to be endless in the current property market. If buyers want to protect their legitimate rights and interests, they can only sign a sales contract with the seller with clear binding terms before the transaction. Don't be bound by the contract just because the other party is a state-owned housing enterprise or a leading housing enterprise. For the promise that I have a hunch that may not be realized, I must let the developer write it in black and white in the contract, so that I can have a legal basis for safeguarding rights after the dispute occurs.

Difficulty 5

Refund is difficult.

20 19 19 at the end of February, the large-scale real estate developed by a leading real estate enterprise in the eastern district of Zhongshan City had already been liquidated. However, a property buyer complained to the regulatory authorities through the government service hotline 12345, and applied for no reason to return a house on June 8, 20 19. It has been more than seven months since the day of the complaint. Although the company resold the house located in Room 2703 of Building 19, it refused to refund the subscription money it applied for. Is this suspected of selling one room and two halls? Later, the local housing and urban-rural development bureau told him that he had not received the application materials for buying this house. The staff also asked them to provide the original subscription book and other evidence, indicating that if the situation is true, the bureau will include this house in the restricted trading list to protect the rights and interests of both parties.

Legally speaking, this gentleman's request for return a house and refund belongs to the dispute between him and the developer on the house sales contract. Therefore, the staff advised him to negotiate with the developer in accordance with the principle of civil contract treatment. If negotiation fails, it will be settled through legal channels. However, getting a refund through litigation is obviously a road to safeguarding rights with very high time and economic cost. Some developers have grasped the psychology that most consumers can't afford time and money, and tried their best to improve their operating leverage by withholding the deposit and subscription money. This is of course an irresponsible behavior. For buyers, whether to buy this suite or not must be decided in advance. Even though many real estate enterprises have made a promise of "no reason to check out" in order to rush their performance, it is not easy to get the money back when it enters someone else's pocket.

Difficulty 6

Poor property management

Because of dissatisfaction with the management service level of the property management company, the owners of jinzhou area Garden Community in Luohu District have been defending their rights according to law through various channels. Until the beginning of this year, the owners were still complaining that the special maintenance funds for the property had not been paid, and the original company had not withdrawn from the property management area so far, which attracted the attention of the local housing and construction departments. In fact, as early as 2065438+200965438+124 October, Luohu Housing and Construction Bureau had ordered Liujin Property to leave the property management area of jinzhou area Garden within a time limit. Due to the company's overdue withdrawal, on May 5, 2009 and 2065438, our bureau ordered Jinzhou District Property to refund the overdue property service fee, and started the administrative penalty procedure of a monthly fine of 50,000 yuan. However, due to the fact that the owner has not yet hired a new property service enterprise, the handover of property in Jinzhou District has not been completed at the beginning of this year.

Many owners told reporters that buying a house is most afraid of encountering a bad property management company. Because of the large number of owners and complicated personnel, it is not easy to change an unqualified property management company through formal legal procedures. The Southern Industry Think Tank conducted an online survey before, and 60% of the respondents reported that they were not satisfied with the property in their residential area. It can be seen that buying a house can not only depend on whether the house is well built, but also who will provide management services in the future is very important. Practice has proved that choosing a large property management company with high brand awareness and reputation is relatively less likely to encounter bad rights protection disputes.

Reporter's notes

Real estate enterprises' online sales "fight"

But don't forget to obey the rules of the game.

The epidemic situation in COVID-19 led housing enterprises to seize the "life-saving straw" of selling houses online and launch online sales platforms. In fact, selling houses online has been unsuccessful for many years, but under the epidemic, families can only suffer. In order to attract customers, many selling platforms will offer discounts, supplemented by seemingly attractive measures such as "no reason to return a house", "commission on transaction" and "registration reward".

Will these seemingly affordable measures become routines and means again? Judging from the situation since the Spring Festival combed by the author, some problems are still worthy of attention. Respect for market rules and game rules is the minimum requirement. If you don't respect the rules, you will fool consumers with some routines and tricks that seem to be "chicken thieves", and ultimately you will suffer.

If you look at the online sales measures of several real estate enterprises, you will find that all real estate enterprises have a "subscription fee" system, ranging from 1 1,000 yuan to 5,000 yuan. If you want to buy a house, the money needs to be paid through the online platform, and your favorite house will be locked. When signing the contract to pay the down payment, the subscription funds will be used to deduct the house payment.

Are you familiar with it? In fact, this is the familiar deposit, but compared with the tens of thousands of yuan when buying a house offline, the subscription fee for buying a house online is not too much.

In fact, whether it is a deposit or a subscription fee, the strategy adopted is the same-on the one hand, the amount should not be too much, just "watering" the buyers who are interested in buying; On the other hand, if there is no clear stipulation of "earmarking", the money actually goes into the developer's pocket, and every little makes a mickle, and the money can be used for project turnover first.

In today's "rapid turnover" mode, the demand for funds by housing enterprises is huge. Why do some developers ask for "non-refundable deposit"? I'm afraid it is precisely because the money has been expropriated. Even now, housing enterprises have indicated that they can fully refund the subscription money, but if they don't buy a house, the subscription money will be equivalent to an "interest-free loan" to the housing enterprises. Whether the subscription money can be refunded on time and whether the process is complicated is unknown before the epidemic is lifted.

"Discount" and "commission" are the key words of this online house sale, giving huge discounts. At the same time, the system of closing bonus and recommended closing commission is adopted, hoping to give buyers a feeling of "saving money by buying a house" and "making money by buying a house".

On the surface, these are all means for housing enterprises to attract customers. Compared with the losses caused by price concessions, developers are more afraid that the newly-built houses will not be sold as scheduled, and the impact of the epidemic has also caused the property market transactions to almost fall into a "frozen" state. Only by speeding up the delivery and sales payment, can the losses be recovered to the maximum extent.

After all, the cost of building and selling houses is high, and developers usually bear high debts because of development projects. Once the cash flow is tight, large-scale housing enterprises can survive with strong financial strength, and at best, the financial data becomes ugly, while small and medium-sized housing enterprises are prone to the "domino effect" of broken capital chain, unfinished property and closed developers.

In fact, whether it is a discount or a commission, it is the same as the "price increase without buying" in the previous salesperson's speech, all in order to enhance the sense of crisis of the intended buyer. After all, all developers will not promote permanent discounts, but will secretly set a time limit for high discounts and high commissions. "If you don't buy the discount, you won't get it." "If you don't buy it, you won't get that much commission." Is this the same as "increasing the price without buying"?

Some netizens posted that some developers have played the routine of "increasing prices first and then discounting". Although the authenticity of this information is unknown, similar discount routines have appeared before, and the problem that trading commissions have not been cashed for various reasons is also common in newspapers. Therefore, for property buyers, in the face of the temptation of discounts and commissions, it is still necessary to cheer up and be vigilant.

In the past, except for some large enterprises, few real estate enterprises will launch "no reason to return a house" because it is contrary to the nature of large-scale transactions in the real estate industry, the complexity of transaction processes, and the rapid turnover mode of developers and the strategy of accelerating sales repayment. However, under the influence of the epidemic, the number of housing enterprises that have announced "no reason to return a house" has increased, and measures like "no reason to return a house" have also increased.

In fact, the ultimate goal of promoting "no reason to return a house" is to dispel buyers' worries about the loss caused by price reduction after purchase, thus enhancing buyers' confidence in the final decision-you see, no matter whether the house price is rising or falling, even if it is only in a bad mood and a little regret, can this house be returned?

However, during the epidemic, the "no reason to check out" of housing enterprises is not a long-term option, but a time limit. If it takes a long time, it can be returned within a few months from the signing of the contract to the collection of the house. However, we dare not make such a promise in a short time, so we see that some housing enterprises have unreasonable check-out periods of 50 days, 30 days, 10 days or even 7 days.

The "regret period" is so short, I'm afraid I haven't reached the stage of signing the commercial housing sales contract at all, so I can't call it check-out. At best, the deposit is refunded. At the same time, even if you really want to return, let developers and sales consultants spit back the house payment, calculated performance and transaction commission they have already received. The complicated process and check-out resistance faced by people who check out can be imagined, and the dispute came like this.

Therefore, once the "no reason to return a house" is introduced, housing enterprises must show real sincerity and sufficient capital reserves to deal with possible situations, supplemented by perfect mechanisms and efficient execution. More importantly, we should show our due sincerity and say "give up", otherwise such a policy will not come out.

Nanfang Daily reporter Ge Zhenghan