In November this year, near the eve of signing the formal commercial housing sales contract and handing in the house, the developers proposed to the buyers to charge 3900 yuan per square metre for decoration fees, or buy back at the original amount of 1.3 times the purchase intention.
According to Zheng Nan, the price of commodity housing in this area has risen to more than 10,000 yuan per square meter. They questioned the developersaction as holding up the house to increase the price.
On December 17, the marketing director of Yusencheng Project told Peng Mei News that the additional decoration fee was in response to the governments policy of delivering finished houses, so the additional decoration fee was 3900 yuan. For customers with financial difficulties, developers will buy back according to the actual amount of 1.3 times the purchase intention payment, and pay 30% of the amount as compensation for the refund customers.
On the afternoon of the 18th, Peng Mei News consulted the Real Estate Market Regulatory Office of the Housing and Urban-Rural Construction Department of Henan Province as a purchaser. A staff member of the office said that the development enterprise should take the construction requirements specified in the land transfer contract as the criterion. If the enterprise stated in the land transfer contract that year that it was built according to the rough housing, even if construction started after 2018, it would not be necessary to build the finished housing according to the above guidance.
Subsequently, Peng Mei News proposed to the Yusen City project manager to check the land transfer contract, the other party said that after inquiry, the response. Up to the time of submission, no reply was received.
Housing prices have risen, developers have to charge 3900 yuan per square metre for decoration
At the beginning of December, Zhengnan (a pseudonym) of Zhengzhou, Henan Province, reflected that in January 2015, he had purchased a 93.94 square metre house by paying more than 263,000 yuan for purchase intention with 40% of the total house price in the Henan Dajingjiang Real Estate Development Co., Ltd (hereinafter referred to as the Yusencheng I plot, a urban renewal project developed by the Henan Dajingjiang Real Estate Development Co., Ltd (hereinafte
The total price of the blank is agreed upon by both parties in the agreement. Zheng Nan said that the agreed price at that time was 7,000 yuan per square meter.
Subsequently, the two sides signed a supplementary agreement in March 2016. According to the agreement, the Dajingjiang Real Estate should be delivered to the purchase source of land I around the end of 2017.
However, over the next two years, the Dajingjiang Real Estate has delayed signing and delivery for many reasons, such as policy reasons that land listing can not enter into the procedures, land late fees owed can not obtain land, and so on.
According to the information provided by Zheng Nan, on November 9, 2016, Dajingjiang Real Estate published a letter to Yusencheng customers. According to the letter, the Zhengzhou Municipal Government urgently called for the suspension of the city and the conversion of land listing, which led to the delay in the entry of land I, which was originally scheduled to be listed in early July, and no land-related formalities have yet been obtained.
In another announcement issued on April 17, 2018 on the related situation of Yusencheng project, Dajingjiang Real Estate said that I plot late fee was being raised and land certificate was obtained after the late fee was paid.
Zheng Nan said that in November this year, Dajingjiang Real Estate put forward two plans to the buyers who have paid the purchase intention gold: one is to buy back the house by 1.3 times the amount paid; the other is to use the finished product delivery for the G/I plot commercial housing as a whole, which needs to pay 3,900 yuan per square meter of decoration fee on the basis of the total price of the original blank in the agreement.
Zheng Nan said that the price of commercial housing blanks in this area has risen to more than 10,000 yuan per square meter. Buyers believe that the developersmove is a disguised price increase.
The developer said that the project involved was a new start-up project and that it should be renovated according to the new policy.
On the evening of the 17th, Yusencheng project marketing director told Pengbang News that the project involves about 1800 households that need to pay decoration fees.
On August 3, 2017, seven departments, such as Henan Housing and Urban-Rural Construction Department, jointly issued the Guiding Opinions on Accelerating the Development of Finished Housing (hereinafter referred to as Opinions). The opinion points out that on January 1, 2018, all newly constructed commercial residences in Henan Province and counties should be constructed according to the design of finished residences (excluding residences below 4 floors and single residences with an area greater than 200 square meters).
The aforementioned person in charge said that although I plot has been sealed, but has not yet obtained a construction permit, so the new start-up project after 2018 is applicable to the guidance requirements, so charging decoration fees is in response to the requirements of higher authorities. The G plot part starts construction before issuing the guidance. Collecting decoration fees is a strategic decision of the companys development, and there is no hard and fast regulation.
We were indeed fined for not having a construction permit. The person in charge said.
The person in charge also said that because the project is high quality and high standards, so the standard of finished house decoration is set at 3900 yuan per square meter. Considering that some people do not accept the delivery of finished housing, some of the original investment or financial difficulties, for home buyers who apply for refund, they can buy back 1.3 times the actual amount of intent money paid, plus 30% as compensation for the refund.
For the property buyers questioned that it was because of the rise in house prices threatening prices, the person in charge said that there is no such statement, but according to the policy provisions to collect decoration fees.
Zheng Nan and other home buyers believe that this scheme is aimed at the requirements of new construction projects in 2018. They have signed a subscription agreement with developers between 2014 and 2015, which is not applicable to them.
Henan Housing and Construction Department: Based on the construction requirements specified in the land transfer contract
On the afternoon of December 18, Peng Mei News consulted the real estate market supervision department of Henan Housing and Urban-Rural Construction Department in the name of buyers.
A staff member of the office said that the development enterprise should take the construction requirements specified in the land transfer contract as the criterion, and that the enterprise should comply with the construction requirements specified in the land transfer contract as finished housing or rough housing. What is the nature of the land acquired before, we should build it according to that.
For example, a piece of land has been acquired, and the land transfer contract states that the construction of the rough housing was not started at that time; by 2018, the finished housing must be built? Thats dogmatism. The staff member introduced.
Subsequently, Peng Mei News proposed to the relevant person in charge of Yusencheng to check the land transfer contract, and the other party said that after inquiry, it would reply. Up to the time of submission, no reply was received.
Guo Chengxi, a well-known public welfare rights lawyer and lawyer of Beijing Dehe Heng (Shanghai) Law Firm, pointed out that the developers have seriously breached the contract by delaying the delivery of their houses. They should have compensated the buyers for their losses according to law, but now they are demanding additional decoration fees, which have no legal basis and violate the agreement.
Xu Bin, a lawyer who has been concerned about real estate cases for a long time, believes that, according to the provisions of the 2003 Interpretation of the Supreme Peoples Court on Several Questions Concerning the Application of Law in Trial of Disputes over Commercial Housing Sale Contracts, the subscription book can be recognized as a formal commercial housing purchase contract under certain circumstances.
Xu Bin suggested that buyers could establish ownersrights protection organizations, sue and confirm that the subscription is a purchase contract, and ask developers to compensate for the loss of rising house prices.
Source: Peng Mei News Responsible Editor: Qian Juanxiao_NBJ10675