Xiangyang rectification key industry contract unfair format clause issues

Hubei Daily Client News (All Media Reporter Zhu Zhaolin Professor Wu Yurui Correspondent Zhan Qinggui Guo Xue) On September 28, the Xiangyang Market Supervision Bureau held a promotion meeting and administrative tender meeting of the key industry contract format. The sales and property management industry contracts exist in unfair format clauses.

According to reports, in August this year, the Xiangyang Market Supervision Bureau launched a special rectification operation of contract formats focusing on the three major industries including commercial housing, automobile sales, and property management. The record and use of the inatous contract format clause exempts the operator's own responsibilities, increases consumer responsibilities, and eliminate consumer rights and other illegal acts.

Focusing on the focus of social attention, the hotspots of consumer complaints, and the focus of people's livelihood protection, the Municipal Market Supervision Bureau notified the inclusion of overdue payment, overdue payment, mortgage loans, lifting commercial housing buying and selling contracts, vehicle transfer, car purchase deposit, fixed -point maintenance of vehicles, and property companies. Getting up late gold, parking lots to park various vehicle toll services, and use leisure sports equipment to cause personal injury and other unfair formats, including unfair format clauses, including unfair format terms.

Shen Keqing, chief engineer of the Municipal Market Supervision Bureau, said that in the next step, the bureau will increase the intensity of centralized rectification and other illegal acts such as the unfair format clauses in the contract, as well as The operator, investigated and dealt with in accordance with the law, exposes it, effectively standardize the business behavior of enterprises, safeguard the legitimate rights and interests of consumers, and create a fair and harmonious consumption environment.

alert! These are unfair format clauses

Unexplained format clauses in the commodity housing sales contract

Keywords: overdue payment and overdue delivery

Case clause: The buyer's overdue payment is within 30 days, and the contract pays the seller to the seller within 30 days. In the contract, the buyer pays the seller to pay a liquidated penalty of three thousands of percent of the contract. If the seller pays the house overdue, the buyer will give the 90 -day wide exhibition period and does not investigate the liability for breach of contract; if the wide exhibition period has not been delivered after the expiration of the exhibition period, the seller will be from the 91st after the delivery period expires to the actual delivery date, According to the day, the contract pays a liquidated damage that has been paid by the party to the house price, and the contract will continue to be fulfilled.

Comments: This clause belongs to the unfair format terms of the operator's use of the contract format to increase the responsibility of consumer responsibilities. When the seller delays the delivery, the buyer must give the 90 -day wide exhibition period and do not investigate the liability for breach of contract. If the wide exhibition period fails to pay the house after the expiration of the wide exhibition period, it will pay the liability for breach of 10,000 per day to the buyer. However, when the buyer pays overdue, within 30 days, the seller can advocate a liquidated damages of one -ten thousand payments for the overdue payment; for more than 30 days, the buyer pays the seller of the seller of three in the duration to the seller. Essence The liability for breach of contract between the buyers and sellers is serious.

Keywords: roof use right, exterior wall use right

Case clause: Buy the consent of the receiver, the seller can set up signs, signs, signs, signs, and advertising signs related to other forms on the roof and outer wall of the house where the house is located. Party A will pay relevant taxes and fees to the government by themselves and go through government approval procedures. The seller does not need to pay any fees to other units and individuals, nor does it bear any responsibility. Party B has no objection to this.

Comments: This clause belongs to the clause of the seller's use of the contract format to eliminate the unfair format terms of consumer rights. According to relevant regulations, the roof and outer wall of the house belong to the owner shared and managed by the owner. This clause directly stipulates that Party B agrees that Party A agrees with the roof and outer wall of Party A's use of the house. Therefore, the buyer at the place is only a separate owner and cannot be punished for the roof and the outer wall. Even though the seller signed this clause with each individual owner, the final collection cannot be considered as the common consent of all owners.

Keywords: house delivery

Case clause: If the buyer needs to be rectified when the house is delivered to the house, the rectification is not constituted on the reason that the buyer delayed the housing collection and refusal, and delay the payment of the property management fee.

Comments: This clause belongs to the unfair format terms of the operator's use of formats to eliminate consumer rights. According to the "Civil Code", if the buyer inspects the house, if the quality of the house does not meet the contract, the purpose of the contract cannot be achieved, the buyer can delay the collection of houses or refuse to accept the acceptance accordingly.

Keywords: commercial house area error

Case clause: After the commercial housing is delivered, if the property rights registration area and the contract area agreed, regardless There must be no check -up, and the two parties settle according to the contract according to the contract.

Comments: This clause belongs to the unfair format terms of "operator's use of format clauses to eliminate consumer rights". According to the relevant provisions of the "Administrative Measures for the Sales of Commercial Housing", when the property rights registration area and the contract area of ​​the contract exceed 3%, the buyer can ask for checkout.

Keywords: property right registration

Case clause: The seller shall apply for the property registration authority provided by the seller within 360 days after the delivery of the commercial house is delivered.

Comments: This clause belongs to the unfair format terms of "operator's use of format clauses to avoid their own responsibilities". According to the "Explanation of the Supreme People's Court on the Application of Laws on the Application of Laws of the Supreme People's Court on the Trial and Sales Contract Dispute Cases": "Due to the seller's reasons, the buyer failed to obtain a certificate of property rights in the following period, except for the except In addition to the parties' special agreement, the seller shall bear the responsibility of breach of contract: (1) the term of the real estate registration agreed in the commodity housing sales contract; Sunday; (3) If the target of the commodity housing sales contract is completed, 90 days from the date of establishment of the contract ", the seller will handle the data registration authority required for the registration of the ownership registration authority. The seller and the buyer agreed, but the agreed time should be a reasonable period. The "360 Day" here is far from the judicial interpretation of "90", which is obviously not a reasonable period. Keywords: lifting commercial housing buying and selling contract

Case clause: If the main contract and supplementary agreement are terminated due to the reason for the buyer, the total amount of a house purchase payment shall be paid to the seller of 5%. If the main contract and the supplementary agreement are lifted due to the seller, the payable tax and fee (excluding interest counting) to the buyer's payment and the buyer will be paid to the buyer, and the liquidated damages are afforded. 0.5%calculated amount of households).

Comments: This clause belongs to the clause of the seller's use of the contract format to increase the responsibility of consumer responsibilities. Due to the purchase of the contract, when the contract is terminated, the liquidated damages borne by the buyer are calculated based on the "total purchase of the house" and paid the total amount of the house to the seller of 5%of the liquidated damages to the seller. As long as you can bear the contract of 0.5%of the house price, the liability for breach of contract between the two parties is not equal.

Unexpicious format clauses in the car sales contract

Keywords: car purchase deposit

Case clause: On the date of signing the contract, Party B shall pay the deposit. If Party B does not perform this contract according to the agreement, there is no right to return the deposit. Party A does not perform this contract in accordance with the agreement, and should return the deposit paid by Party B, but does not make any compensation. The deposit will be worth the model in the future, but the amount of deposit shall not exceed the total amount of the car.

Comments: This clause is an unfair format clause suspected of exempting the responsibility of the operator. The rules of deposit belong to the common rules of various contracts. The current laws have clearly stipulated that the provisions of the two clauses for deposits are not only unfair to the buyer, but also violated the compulsory provisions of the law. According to Article 89 and 91 of the Guarantee Law, "Party A does not perform this contract in accordance with the agreement, and shall return the deposit paid by Party B, but not make any compensation." If you pay the car, the seller can return the deposit; all reasons will not be refunded with the deposit "that violates the regulations of the deposit penalty; the" deposit amount must not exceed the total amount of the car "that violates the deposit and must not exceed 20 % of the main contract. For the excessive part, the legal effect of no deposit occurs.

Keywords: vehicle fixed -point maintenance

Case clause: The buyer can only repair the car at the specified point. If you are not maintained at the specified point, the manufacturer will not bear the quality guarantee responsibility.

Comments: This clause is reflected in the maintenance manual of the seller, which belongs to the unfair format terms of "operator use the format terms to eliminate consumer rights". Article 9 of the Consumer Rights Protection Law stipulates that consumers have the right to choose goods or services independently. If it is the quality problem of the car itself, in some specific circumstances, whether at the specified point or other than the specified point, as long as the repair shop has the corresponding qualifications and does not expand the original problem, the manufacturer shall bear the quality guarantee responsibility.

Keywords: acting on the agency and insurance service

Case clause: The seller is commissioned by the buyer to handle the license plate for the vehicle. The buyer provides the licensed information in accordance with relevant regulations and gives positive cooperation.

Comments: Through unilateral agreement, such clauses forcibly generate another contract legal relationship between the operator and the car buyer. In the Protection Law, "Consumers enjoy the right to choose products or services".

Unfair format clauses in the property management service contract

Keywords: late funds

Case clause: The owner pays the real estate fee before the 10th month before the 10th, and does not pay its management services, the house maintenance fund, etc., as well as compensation, and liquidated damages. If the month still refuses to pay, the property management company can take appropriate urging measures.

Comments: This clause belongs to the unfair format terms of "operator's use of format clauses to increase consumer responsibilities". According to the "Civil Code", the procedure for the property company to collect late fees should be the owner's overdue payment of the property fee. The property company urged the owner to pay the property fee within the reasonable period. Only if the owner still does not pay, the property company can collect late fees. The clause of this contract directly stipulates that once the owner pays the property fee overdue, the property company can collect late fees, which is obviously not in compliance with the law.

Keywords: public parts, public facilities and equipment operating income

Case clause: The property management area belongs to all the parking lots, clubs and other property shared parts, shared facilities and equipment, and agreed to entrust the property company to manage service operations, and serve the business income to the property company. Insufficient and equipment maintenance. Comments: This clause belongs to the operator's use of contract format clauses to eliminate the unfair format terms of consumer rights. According to the "Hubei Provincial Property Services and Management Regulations", the income obtained by the use of owners' shared parts and shared facilities and equipment shall be shared by all owners. The clause of this contract directly stipulates that the income belongs to the property service enterprise, which is a case of excluding the opponent's rights.

Keywords: parking lots parking various vehicle charging services

Case clause: Parking bicycles, electric vehicles, motorcycles, cars and other vehicles such as parking lots in the property company will be charged.

Comments: The Consumer Rights Protection Law stipulates that operators should ensure that the goods or services they provide meet the security of the person and property. The operator referred to in Article 10 (2) of Behavior Supervision and Handling Measures to increase consumer liability in the format clause to "bear the hegemony clause shall be" bears the operating risk liability shared by the format provider ".

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