Frying foreign buildings encounter a "pit", and the refund cannot be a lawsuit. The judge reminds these three points

Author:Ningbo Evening News Time:2022.07.18

In recent years, speculating foreign buildings has become a fashionable emerging investment project.

Flowers refer to houses under construction that have not yet been completed, and some countries even allow only architectural drawings to be sold as buildings. Developers raised funds through "Selling and Building". Buyers pay the down payment in installments in installments. Usually, the houses are completed after 1-5 years before they can truly collect the house. During the waiting house, investors can also sell flowers.

Louhua's down payment ratio is low, the payment can be paid in installments, the economic pressure is small, and it is respected by many domestic investors. However, because they are unfamiliar with foreign real estate sales systems and relevant laws and regulations, many investors often encounter the agreed discount suddenly canceled, and the price of the good price suddenly regrets not only disrupting the original investment plan, but also forced to be forced to be forced to be forced to be forced Go on the road to defending rights.

In 2018, when Ms. Li brushed the video, she accidentally saw the introduction of flowers to invest in foreign buildings. The cost was not much and the return was rich, which made her feel excited.

So she contacted a service company through the contact information on the video. The company claimed to be a domestic agent and largest partner of a well -known real estate company in Southeast Asia. It has previously contributed to hundreds of successful transactions. Domestic investors earn through them. A lot of money.

Subsequently, the service company pulled Ms. Li into the overseas investment group established by the company and sent a real estate leaflet in the golden area of ​​a Southeast Asian country. According to the introduction of the leaflet, the apartment in the gold area is purchased through the service company channel. The total price can be based on the 5%discount, an additional discount of 10%, and 15%of the down payment can be paid in 43 periods. Each set per month is about 2600 per month. Yuan RMB, the remaining payment is paid. If you buy more than 3 sets of real estate at one time, 10%of the down payment can be repaid in 42, and the monthly supply will be reduced to about 1,700 yuan per month.

Because the service company has no irreplaceable floor flowers, it is introduced that in October 2018, Ms. Li contacted Mr. Zhang in the overseas investment group, and bought three sets of building flowers with specific room numbers from her hand and paid it to her. More than 50,000 yuan. Mr. Zhang immediately informed the service company's floating flowers that had been transferred, asking the service company to provide Ms. Li with subsequent related services.

In December 2018, the service company Jianqun informed Ms. Li and other customers who purchased building flowers. The developers originally promised to purchase more than 3 sets of more than 1,700 yuan for the cancellation of the preferential policies within 3 sets.

In June 2019, the service company once again notified Ms. Li that after negotiating with the developer, the purchase of more than 3 sets of more than 3 sets remains unchanged, but the total price of an additional 10%of the discount was canceled.

Faced with the frequent change of hexagrams of the service company, Ms. Li proposed that the discounts promised to have shrunk sharply, and asked Mr. Zhang and the service company to refund the fees he paid. Mr. Zhang and the service company believe that the reduction in house prices has nothing to do with it. It is the responsibility of the developer. The relevant risks shall be borne by Ms. Li and do not agree with the refund.

Ms. Li then sued the Ningbo Intermediate People's Court, asking Mr. Zhang and the service company to return the transfer fee and interest loss of more than 50,000 yuan paid. Later, with the coordination of Sun Bin, the vice president of the six courts, Mr. Zhang made appropriate compensation for Ms. Li, and the service company reached a settlement agreement with Ms. Li.

Judge's reminder:

There are more and more risks in domestic commercial housing than buying domestic commercial houses. Investment must be cautious:

01 Rotten Risk

Domestic investors generally lack a comprehensive understanding of foreign developers. During the sales, developers have been on the verge of bankruptcy at the time of sales. Many of their commitments during the pre -sale stage cannot be realized, and real estate cannot even be completed and delivered.

02 Economic risk

The increase is less than expected. In the early stage of buying flowers, there are fewer investment in the early stage and can be paid in installments. Many investors want to earn appreciation differences with a speculative mentality.

Housing mortgage costs are high. If the building flowers are not resold before paying the pre -payment, you need to apply for a house mortgage loan in foreign banks to pay the balance, but foreign banks have much higher loan interest rates for foreigners than their domestic residents. Can reach 10%.

House maintenance costs are high. After the transaction, it is usually necessary to pay the house purchase tax, which can reach 20%of the total value of the house and land evaluation, and the apartment will pay the real estate tax (1%-3%per year) and high property fees.

03 Legal risk

Difficulties in accounting from foreign developers. If you want to investigate the responsibility of foreign developers, you can only apply for arbitration in a format contract provided by the developer, or sue to a foreign court where the developer is located, and the cost of hiring foreign lawyers is extremely high. Most investors can only choose to swallow the sound and bear the loss by themselves.

Domestic agencies have difficulty in terms of responsibility. Domestic agencies usually sign a brokerage contract with foreign real estate developers. After the transaction, foreign real estate developers and domestic investors will collect service fees. If you want to investigate his responsibility, investors must provide the intermediary that intentionally concealed the important facts related to the establishment of a contract or provided false situations that harm their interests, which is extremely difficult for investors.

Overdue payment will bear serious liability for breach of contract.If domestic investors are overdue due to various reasons, real estate developers will not refund the prepaid payments that have been paid in installments. At the same time, they will also allow professional teams to investigate other default responsibilities of investors through arbitration or lawsuits.The popular countries of the fried buildings are members of the HAGUE Service Convention. Foreign courts can entrust our courts to send various types of litigation materials to domestic parties in accordance with the Convention.implement.Investors will face huge compensation in the future.Source Ningbo Intermediate People's Court

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