The owner complained that it owed 50000 down payment, resulting in 49500 interest, and the developer claimed that the overdue repayment caused

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 The owner complained that it owed 50000 down payment, resulting in 49500 interest, and the developer claimed that the overdue repayment caused


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The owner complained that it owed 50000 down payment, resulting in 49500 interest, and the developer claimed that the overdue repayment resulted in (source: pear video)

Second shot video of video

Related news: real estate can be broken by hand after delivery developers: not a quality problem

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Real estate can be broken by hand after delivery developer: not a quality problem (source: video synthesis)

Recently, Jinan, Shandong Province. Ms. Li said she bought a house in the international city in the future. As soon as she handed in the house, the whole wall fell off and questioned the problem of cement solidification. Marketing staff said it was not a quality problem and was communicating with the owner to prepare for repair.

A hole in the wall of the mountain suddenly splashed with water! The owner of the neighborhood: Im afraid the wall will collapse

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A hole in the wall of the mountain suddenly splashed with water! Nearby wall collapse (source: comprehensive video)

Many residents who live in Zhaoshan District, Jinding street, Shijingshan, reported that there was a strange thing in the community. No. 14 building is built on the mountain, and the wall of the mountain drips water all the year round. Originally, the residents didnt take it seriously, but recently the situation has become worrying. There was serious seepage on one side of the mountain wall, and there was also a hole with sudden rushing water, which kept running day and night. Residents have said: afraid of wall collapse!

When the shop was changed into a public toilet, the owner and the operator failed to negotiate and decided to sue

In March 2019, Mr. Li purchased a shop with a building area of 20.44 square meters in Wuhan, Hubei headquarters base CBD phase II, with a total price of 350000 yuan. After that, Mr. Li and Hubei peoples car city commercial management Co., Ltd. signed a shop entrusted operation contract, which agreed that the income was used to offset the house price. However, during this period, commercial shops were decorated as public toilets.

The construction site where shops are transformed into toilets. Graphic data network

In this regard, the operating company admits that there is indeed a fault in the process of this matter and is willing to make certain compensation. However, Mr. Li said that in the process of negotiation with the operating company, the two sides did not reach an agreement, and they have decided to file a lawsuit to resolve the matter through legal means.

350000 yuan shops converted into public toilets

Owner: stunned

In March 2019, Mr. Li purchased a shop with a building area of 20.44 square meters on the second floor of Building 1 of Hubei headquarters base CBD phase II, located in Caidian District, Wuhan, with a total price of 350000 yuan.

After that, Mr. Li and the property company of the developer Hubei peoples car city commercial management Co., Ltd. signed a shop entrusted operation contract. According to the contract, the purpose of the shop is commercial, and the company is fully responsible for the planning, investment promotion, leasing, promotion and management of the shop. Mr. Li said, its equivalent to renting them, and then the rent is deducted from the house price..

According to the contract, the Commission period of the shop is from February 28, 2020 to February 27, 2025, totaling five years. During this period, Hubei peoples car city commercial management Co., Ltd. has the right to use or lease it to a third party according to its own will and business planning, and the profits from leasing the third party shall also be owned by the company.

At the same time, the contract also stipulates that without the approval of relevant government departments and the written permission of Mr. Li, the operating company shall not and shall stop others from making changes to the shop, including but not limited to increasing or reducing the attachments and accessories of the house, changing the function and equipment performance, etc.

However, more than 10 days ago, Mr. Li found that the shop was installed with a number of squatting toilets, and the shop was transformed into a toilet. He said that at that time, he was going to sell the shops and bring people to check the housing situation. I didnt expect it to be like this. I was shocked. 350000 bought a WC.

Mr. Li couldnt accept the current situation. After understanding, the operator recruited a third-party enterprise, and his shop was changed into a toilet just to meet the needs of the enterprise. Never told me in advance, and I dont know. Mr. Li believes that the operating company has violated the contract and made a request that the business company restore the shop to its original appearance and bear the corresponding compensation liability.

Operating company response:

There is a fault, willing to make certain compensation

For the matters mentioned by Mr. Li, the Red Star News reporter contacted the investment department of Hubei peoples car city commercial management Co., Ltd. A staff member responded that the matter that Mr. Lis shop was converted into a toilet does exist. At present, the company has specially assigned personnel to deal with it, it should be a result.. But the specific results, the staff said, only the leaders who deal with this matter know.. The reporter asked whether he could convey the interview request or provide the contact information of relevant leaders. The staff member said that it was not convenient.

However, as for whether Mr. Li had been informed of the change in the use of the shop in advance, and Mr. Lis query at present, a manager of Hubei peoples car city commercial management Co., Ltd. had previously responded to the local media in Hubei, saying that the company does have faults and responsibilities.

It should be said that our company has failed to do (inform) this. We may habitually think, if I rent your location, Ill give you the rent. Or we finally found a large unit to come here. If there is a need in this respect, we may be immersed in joy. It should be said that we are not doing well. This is what our company should admit.

At the same time, the above-mentioned manager said, we must have been negligent in this matter and we are responsible, so we are willing to make certain compensation. However, the amount of compensation proposed by Mr. Li is beyond the scope that the company can negotiate.

The owner has decided to sue in court

On the 12th, Mr. Li told the Red Star News reporter that he had held consultations with the operating company on the afternoon of that day, but the two sides did not reach an agreement. I put forward two proposals: one is that shops cant be converted into toilets. They must be restored to their original appearance as soon as possible, and the shops should be recovered; the other is that if they insist on changing into toilets, I can sell the shops to the operators, and they can change them as they want.

However, after more than two hours of negotiation, Mr. Lis appeal has not been reached. According to him, the operator said that he could restore the shop to its original appearance after the expiration of the contract and was willing to give a certain amount of compensation, with the amount of 60000 yuan. I dont need the 60000 yuan, and the flow of people here is pretty good. Cant I make 60000 yuan in five years by collecting the shop and doing some small business by myself?

For the current negotiation results, the operating company staff said that they were not clear about the specific situation, and the company was dealing with it.

Lin Xiaoming, a lawyer from Sichuan Fangao law firm, believes that in this case, the contract between the two parties did not violate the mandatory provisions of the law, and the agreement on the corresponding use was very clear. The operator changed the use of the shop without the consent of the owner, and there was a breach of contract. Therefore, the owner can claim to terminate the contract. If the two parties can not reach a negotiated solution, then the homeowner can sue to the court to claim that both parties rescind the contract, and then claim compensation according to the provisions of the contract. At the same time, the management company can be required to restore the original status of the shops with the understanding and application of the judicial interpretation of the Supreme Peoples Court on the trial of urban housing lease contract dispute cases.

Guo Gang, a lawyer from Sichuan fangce law firm, said that the shops purchased by the owners belong to the property right nature, that is, the ownership of the shops belongs to the owners. The owner entrusts the property company to carry on the operation and signs the entrusted operation contract, which belongs to the creditors right. At the same time, the contract established according to law is legally binding on both parties. Since the entrusted operation contract has agreed that the shop shall not be changed without the approval of the relevant government departments and the written permission of the owner, it is obviously a serious breach of contract for the property company to change the shop into a toilet without the written permission of the owner. The owner can ask the property company to restore the shop to its original state, compensate for the loss and bear the liability for breach of contract through litigation.

As the consultation failed, Mr. Li introduced that he had decided to bring a lawsuit to the court. Since no agreement can be reached now, I have to sue the court. Their breach of contract is certain. I believe the court will support me.

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