There are traps to buy a house everywhere. How can ordinary people avoid pits?

Client: Mr. Li

Agent: Wang Cheng, Wu Jing

Lawyer of Jiangsu Xianchuang Law Firm

Case narrative:

In July 2019, Mr. Li saw a house near the subway station through a friend's introduction. Because of the propaganda, it was said that it was an apartment house, near the subway, convenient transportation, and a large business district. The sales office paid the deposit, and then I heard that the house with the original price of 1.6 million now only needs to pay the "group purchase fee" of "80,000 to 160,000" to enjoy the discount price. Mr. Li paid more than 160,000 yuan in the sales office, in order to enjoy a discount price of houses with a total price of 1.45 million yuan. In the future, Mr. Li paid the down payment on time in accordance with the agreement of the "Commodity Housing Subscription Agreement". When the house inspection was inspected, Mr. Li found that the house not only had multiple quality problems, but the floor -to -ceiling windows were damaged and unpaid, and the promotional apartment housing also became an office house. What makes Mr. Li's most angry is that in order to sign the formal "Commodity House Sale Contract" with the developer, you must sign a unilateral explanation and admit that the house you buy is an office house. Mr. Li felt that he was deceived, and then asked a lawyer to seek a check -up refund help.

Reporter Wang Gang

Lawyer analysis:

This case is a typical dispute caused by buying a house. The focus of the dispute is:

What is the nature of the 160,000 yuan paid by Mr. Li?

Who should I look for more than 160,000 yuan?

In the end, the lawyer combined with the evidence provided by Mr. Li: the "Commercial Housing Subscribe Agreement", the house purchase statement, the bank payment record, the home inspection report, and the recording of the house purchase consultant at the time, etc. The fact basis is that developers and agents are fraudulently propagated, and the houses are promoted as apartments. There are many quality problems in the house. The unqualified delivery of the house in the house has caused Mr. Li to achieve the ultimate goal of subscribing to the house. The legal basis for the law is part of the 16,000 yuan is part of Mr. Li's purchase of a house. Civil legal acts have effective on the agent. As a developer commissioned by developers, the agent has illegal acts such as price fraud, and developers shall assume joint responsibility with the agent.

As for the 160,000 yuan paid by Mr. Li, it should not be identified as an intermediary fee. For house sale and selling consultation services, Mr. Li paid more than 160,000 yuan at the sales office; second, Mr. Li's house purchase statement clearly wrote more than 160,000 yuan included in the house purchase model. In the end, Mr. Li won the judgment of victory with the help of a lawyer.

Price fraud in buying houses is a more popular case in recent years. With the increase in demand for house purchases and the gradual rise in house prices, such a "preferential policy" in the first -hand commercial housing market across the country is not new. Sales staff often use so -called e -commerce fees, service fees, tea and water fees, group purchase fees and other rhetoric to increase the agency fee, and even use it as a means of increased price increases. This type of sales routine uses the slogan of "money with money", so that buyers mistakenly think that they can pick up cheap. Later, they saw the amount written on the house purchase contract did not match the actual payment amount. Including the total housing funds stipulated in the house purchase contract, there are no invoices but only receipts, and the party who issues the receipt is not a developer. In the face of this situation, the lawyer suggested to preserve the original evidence of the house purchase agreement, invoice, receipt and other evidence, and directly sued the developer to ask for a refund of the refund of the house purchase contract.

Comment on Law Center:

Chen Chengyun, deputy director of the Nanjing Volkswagen Congress Center, said that when the Civil Code stipulates that when the housing trading is conducted, if the seller breaks the contract, the buyer may ask the seller to bear the liability for breach of contract. At the same time, there is a certain sense of evidence in daily life. For the major matters of buying a house, the original documents and bills must be preserved to protect their legitimate rights and interests as evidence when disputes.

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