The husband and wife bought a house in Xi’ an for 8 years, but before they received the house, they had to raise the price by more than 5 thousand yuan／square meter to 10 thousand yuan.
What the developer means now is to either raise the price to close the house or check out.
When raising the final payment to collect the house, the developer said that the price had increased.
The house that Ms. Zhang and her lover Mr. Song bought eight years ago has not been closed yet.
In December 2013, Mr. Song signed an internal subscription agreement with Xi ‘an Jin Rui Real Estate Co., Ltd. and purchased an 88.56-square-meter house in "Haohua chansons International City" on Yongxin Road in weiyang district. It was written in the agreement that the unit price of the house was 5,247 yuan per square meter, and the total house price was 464,674 yuan. The payment method chosen by Mr. Song and his wife is: 50% of the total house price, that is, 240,000 yuan, and the balance is mortgaged by the bank.
"The house should have been delivered at the end of 2014, but the five certificates of this house are incomplete, and the mortgage can’t be done. We have never delivered the house, and we have never paid the final payment." Ms. Zhang said that during the period, the property was also shut down, and they repeatedly looked for developers and street offices. On June 19th, 2018, under the coordination of weiyang district Tanjia Sub-district Office, several owners’ representatives and developers signed an agreement, which read, "The project resumed on July 1st, 2018, and the original agreement signed by the owners was legal and valid". I thought it would be possible to close the house smoothly, but I didn’t expect the developer to do things according to the agreement at all.
Ms. Zhang said that in March 2019, the developer called her to take over the house, but she had to pay the final payment in one lump sum, otherwise the original agreement could not be guaranteed. "It is also said that if the price rises, we can’t blame us." Ms. Zhang is very angry. "The agreement says that the original agreement is legal and valid, so it should still be 5,247 yuan per square meter, and there is no requirement for full payment."
Ms. Zhang disagreed with the developer’s one-time payment plan and thought that the agreement should be fulfilled. But by the beginning of 2021, when she finally raised enough money to collect the house, the developer said that it should be calculated at the price of 10,000 yuan per square meter.
On the morning of July 27th, a staff member of the real estate developer Jin Rui Real Estate said that the person in charge of the developer refused to be interviewed. She said that the five certificates of real estate are indeed incomplete, but the current attitude of developers is that they should either accept the house at the price of 10 thousand yuan per square meter or refund it. If they don’t agree, they can be solved through legal channels.
The street office once built a platform, and the developer said that it would either add money or refund.
Ms. Zhang said that they had also sought the help of Tanjia Street Office, which called the two sides together to negotiate, but the developer’s attitude was tough and they could not talk at all.
Huashang Daily reporter saw that Tanjia Sub-district Office issued a reply opinion to Ms. Zhang on July 22, with the content that the chansons International City project was completed and delivered to the owners on January 26, 2019 through the coordinated promotion of relevant district departments and Tanjia Sub-district and the joint efforts of development enterprises. At present, more than 95% of the owners have completed the formalities of purchasing houses, and the remaining tenants have been urged by letter many times before the Spring Festival in 2021, and they have been informed that.
After the Spring Festival, developers will implement the following schemes for owners who have not taken home: 1. Take home according to the final payment of 10,000 yuan per square meter; 2. Check out the house for the owner according to the original agreement price. Street staff contacted chansons International City Project for many times to coordinate the owner’s payment. According to the enterprise, from mid-January 2018 to March 2019, the project staff of chansons International City notified the subscription owners to pay the full amount and go through the relevant formalities by telephone, sending registered letters and publishing a statement in the newspaper. If it is not handled within the time limit, it shall be deemed as a waiver of contractual rights.
As the owner complained about the poor communication and consultation between the two parties, the street staff contacted the enterprise and the owner on July 20, 2021, and set up a coordination and communication platform in the street for meeting and consultation. The handling opinion of chansons International City Project is that the owner should collect the house according to the final payment of 10,000 yuan per square meter, and go through the check-out formalities for the owner according to the original agreed price, but both parties failed to reach an agreement. Now the enterprise has made it clear that it agrees to go through the refund procedures and pay the corresponding interest on the paid-in house according to the bank’s interest rate for the same period.
"The house has been incomplete. Our owner followed the contract and did not breach the contract. Why did the developer say that the price increase will increase? The agreement signed on June 19, 2018 does not count." Ms. Zhang said helplessly, although there are problems in her purchase of a house with incomplete procedures, it is too hurtful for developers to be so repeated and strong.
At noon on the 27th, Mr. Cheng, a staff member of the Party and Government Office of Tanjia Sub-district Office, said that he would continue to build a platform to solve this problem.
Lawyer Li Yaohua of Beijing Deheng (Xixian New Area) Law Firm:
If the subscription agreement is not confirmed invalid or terminated, it shall continue to be performed.
The subscription agreement signed by Mr. Song and the developer has the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, and should be recognized as the commercial housing sales contract, and should continue to be performed without being confirmed as invalid or terminated.
According to Article 2 of Judicial Interpretation of Commercial Housing Sales Contract, if the seller fails to obtain the pre-sale permit certificate of commercial housing, the pre-sale contract concluded with the buyer shall be deemed invalid, but if the pre-sale permit certificate of commercial housing is obtained before the prosecution, it may be deemed valid. If the real estate involved has not yet obtained the pre-sale permit, once the contract is brought to court, it may be deemed invalid, and the purchaser can only get back the payment and interest loss at this time. However, if the developer is at fault and maliciously litigates on this ground, the court will not support his claim. Previously, Xi ‘an Intermediate People’s Court had a similar judgment on Wentian Company v. the buyer’s "invalid contract" case. As for whether the contract between the two parties constitutes a condition for dissolution, it should be judged according to the content of the agreement and the performance.
China’s Civil Code stipulates that the parties can modify the contract through consultation. The developer’s behavior of asking for price increase is a unilateral expression without canceling the contract or confirming that the contract is invalid, which requires the consent of the property buyer.
Can property buyers sue the court for rights protection? According to the existing judicial precedent, if the real estate involved has not obtained the land certificate, the house is a "small property right house" and is not protected by law, and the court may not accept the relevant case. The regulatory authorities should strengthen supervision and supervision, supervise the honest operation of developers, and protect the civil rights and interests of buyers.
Zhao Yuan of Beijing Anli (Xi ‘an) Law Firm:
Changing the payment method of the contract should be agreed by the other party to the contract, otherwise it will not have legal effect.
Article 543rd of the Civil Code stipulates that the parties may modify the contract through consultation. The notice from the project staff of chansons International City that the subscribing owner must pay the full amount and go through the relevant formalities on March 20, 2019 is a unilateral contract change made by the developer, which has no legal effect without the consent of the subscribing owner. Subscription owners have the right to demand the purchase of houses according to the original payment method. Now the owner agrees to pay the full amount, and the developer’s default premium has no legal basis. If the owner cancels the contract, the developer has the risk of compensating the owner for the premium.
Lawyer Huang Jingzhi of Beijing Jingshi (Xi ‘an) Law Firm:
It is difficult for developers to get legal support for violating the principle of good faith.
The basic spirit of "Contract Law" is honesty and trustworthiness. In this report, developers ignore the spirit of contract, increase prices to obtain greater benefits, refuse to perform the obligations of housing sales contracts, and violate the principle of good faith. Their motives are illegitimate and will be difficult to get legal support. In addition, it is necessary to remind the buyers that when buying a house, they must pay attention to whether the "five certificates" are complete, and the pre-sale permit must be available. Do not suffer big losses in order to save money.
The housing and construction department once reminded that the risk of houses without pre-sale certificates should be avoided actively.
Xi ‘an Housing and Urban-Rural Development Bureau reminds the general public that it is really necessary to buy residential commercial housing, so it is necessary to raise legal awareness and risk prevention awareness, carefully check the Commercial Housing Pre-sale Permit for the commercial housing sold, and check whether the commercial housing to be purchased is within the pre-sale permit. Do not pay the fees of deposit or reservation to development enterprises and intermediaries by subscription, reservation, numbering and VIP cards, so as to actively avoid the risk of purchasing commercial housing without the Commercial Housing Pre-sale Permit.
At the same time, the development enterprises and intermediaries are warned that they should operate in good faith and abide by the law. No projects that have not obtained the Pre-sale Permit for Commercial Housing are allowed to be pre-sold, and no intermediary services are allowed. The development enterprises and intermediaries shall be investigated for legal responsibility according to law.
Intern reporter Yao Bingzhen Huashang Daily reporter Qing Rongbo
Source: Huashang. com-Huashang Daily