After spending 200 yuan to visit the sea view house in Rushan City, Weihai, Shandong Province, she, from Xian, claimed to have been coerced to pay 250000 yuan to buy a 40 square meter sea view house. The sales manager promised to rent after sale for 40000 yuan a year.
After buying a house, Wang Qinghua sued the real estate company to the court. In the first instance, the court found that the contract did not provide for after-sale charter, and ruled that she lost the lawsuit. After the appeal, the court of second instance upheld the original judgment.
Rushan City real estate management department related person in charge has said: in order to attract the eye of buyers, they (developers) seize the psychology of the buyers, deliberately exaggerate the local traffic, medical, shopping and other conditions in Yintan, and even induce consumers with illegal forms such as sales and rent back, so as to achieve the purpose of transaction.
Up to now, there is still a dramatic phenomenon when searching the keywords of Rushan house watching group on the Internet: on the one hand, a large number of tenants complain of being trapped, forced to sell and cheated; on the other hand, it is the advertisement of real estate agency looking at the sea, pleasant and livable, and appreciation potential.
After losing the case in the second instance, Wang Qinghua looked back to see the tossing and turning in the past year and was very upset.
On June 25, 2019, Wang Qinghua, a citizen of Xian, Shaanxi Province, was stopped by five or six young men with leaflets when he was shopping. The other side said that the silver beach in Rushan City, Shandong Province, was called Oriental Hawaii, and many outsiders were there to buy Seaview houses. 200 yuan for three days and two nights, just go there and play. The boys highly recommend it.
Wang Qinghua, a 44 year old middle-aged woman, was moved by the words stay away from the fog and haze, look for the blue sky and white clouds; face the sea, and the flowers bloom in spring.
On July 6 of the same year, Wang Qinghua came to Rushan with lodgers with different accents from all over the country. Along the way, the staff kept a close eye on them, and they were not allowed to communicate with each other in private.
A picture of Rushan Silver Beach. Source: Official Website of Rushan municipal government.
After staying at the seaside for half an hour, the staff took Wang Qinghua and them to the Yintan Yuelan bay real estate sales office. Wang Qinghua recalled that the staff of the sales office took them to visit the model room and a 70 square meter and 50 square meter house. They said that if they didnt move in after the house purchase, they could rent it to them, the rent of 40000 yuan per year will be signed once for ten years, and the rent of 120000 yuan for three years will be deducted from the total house price.
Wang Qinghua said that at that time, the sales staff hesitated to see her, and said that a discount of 1000 yuan per square meter was allowed. In addition to after-sale rent, the real estate companies in Hainan, Tianjin and other real estate companies could also have 30 days of self residence right, national replacement, free living.
Under one preferential condition, Wang Qinghua put down his guard and paid 250000 yuan (including 10000 yuan group purchase money) to buy a 70 square meter house. Wang Qinghua said that at that time, the other party read the terms of the contract, and she was lobbied by a group of people from the other party, which made her dizzy and bloated. She signed the contract without looking at it carefully.
After signing the contract, the other party didnt give her the contract, saying it needed to be perfected before it could be given to her.
After paying, Wang Qinghua and Wang Qinghua were taken to another hotel 26 kilometers away from the sales office. In the dead of night, the more Wang Qinghua thought about it, the more she felt cheated. Before dawn the next day, she quietly ran to the sales office to ask for a refund.
However, according to Article 24 of the contract, the seller undertakes not to sell the commercial housing in the form of split and split sales, return of principal sales or disguised return of principal sales; and not to sell uncompleted commercial housing in the form of after-sale charter or disguised after-sale charter.
According to Article 24 of the contract, the seller undertakes not to sell the commercial housing in the form of split and split sales, return of principal sales or disguised return of principal sales; and not to sell uncompleted commercial housing in the form of after-sale charter or disguised after-sale charter.
Wang Qinghua felt cheated and failed to negotiate. He sued the seller Chenyuan real estate and the intermediary Xian hongguandeyao real estate marketing planning Co., Ltd. to Rushan court.
Wang Qinghua sued that what he subscribed for was yuelanwan community, and he also signed Yuelan Bay commercial housing subscription letter with Chenyuan real estate, but the real name of the community was wentaomeiyu; Chenyuan real estate had the illegal act of after-sale lease, and did not register and record within 30 days from the date of signing the contract according to the contract. She sued to terminate the sales contract, and the other party returned 250247 yuan (including 10000 yuan group purchase money).
Chenyuan real estate argued that the place with Wang Qinghua to see the house and the receipt issued were Wentao Meiyu, which was also stated in the subscription form. As for the cases that have not been put on record, they can be registered at any time.
The focus of the dispute is: whether the sales contract signed by Wang Qinghua and Chenyuan real estate should be terminated; whether Wang Qinghua has the right to ask Chenyuan real estate to return the purchase price and compensate for the loss.
After hearing, Rushan court held that Yuelan bay means Wentao Meiyu, which has been clearly indicated in the notes of the subscription letter signed by both parties; as for Wang Qinghuas claim that Chenyuan real estate has the illegal act of after-sale lease in the process of selling the house, it is not stipulated in the contract, and whether Wang Qinghua rents the house after accepting the property is his voluntary behavior.
Finally, Rushan court rejected Wang Qinghuas petition. After losing the lawsuit, Wang Qinghua appealed to Weihai intermediate court. On November 3 this year, the Weihai intermediate peoples court rejected Wang Qinghuas appeal and upheld the original judgment.
Weihai city government official website has buyers said in the Yuelan bay purchase, was promised to after-sale charter..
The promise of after sale charter behind the dispute
According to Wang Qinghua, in the whole process, what finally asked her to pay for the house was the promise from the sales office staff: you can spend money if you lie at home, and you can rent after sale. When buying a house, the other party has a promise orally, but after she pays, the contract says it wont rent after sale.
Wang Qinghua said that at that time, in order to make themselves believe that they can rent after sale, they showed her an entrusted management contract of housing without signature and seal.
Surging news reporters noted that the contract states that Yuelan bay community is entrusted to a Weihai pension service company for 10 years. In the first three years, the pension service company pays 15% of the total housing price as income; in the next seven years, 60% of the net profit of the pension service company in each year is calculated according to the total area of the residence to pay the income of the current year.
After sale charter refers to that the real estate development enterprise sells the commercial housing to the buyer, and then the real estate development enterprise rents the commercial housing by itself or rents the commercial housing on behalf of the buyer within a certain period of time, and the rent obtained belongs to the buyer.
Chinas commercial housing sales management measures clearly stipulates that real estate development enterprises shall not adopt the way of after-sale leasing or disguised after-sale leasing to sell uncompleted commercial housing. In the next few years, the national development and Reform Commission and the Ministry of housing and urban rural development issued several notices, emphasizing the violation of the after-sale lease of the future housing.
According to the official website of Rushan municipal government, since at least 2009, the Rushan municipal government has proposed to severely crack down on the illegal and illegal behaviors that promise after-sale charter, return of principal sales.
In January 2016, Rushan municipal Party committee issued a notice on inspection and rectification, which mentioned that some real estate companies and real estate agents, in order to achieve the purpose of sales, falsely publicized and exaggerated the real estate projects by all means; they cheated consumers under the guise of after-sale lease and signed the commercial housing sales contract with consumers, and the actual delivery of real estate was inconsistent with the content of the contract There are consumption disputes.
However, under the explicit provisions and strict supervision, there is still the phenomenon of after-sale charter. Surging news reporters have noticed that in the official website of Weihai municipal government and the peoples website, there are buyers saying that they can buy houses in Yuelan bay and are promised to rent after sale.
On May 6, this year, a buyer complained on the official website of Weihai Municipal Peoples government that he had been taken to Yuelan bay in Rushan in October 2019. The sales manager told him that after buying a house, he could trust without worry, rent and rent back, and return 5% of the total house price every year, about 40000 yuan.
I paid 50000 down payment and 10000 coupons under the temptation of the sales manager and the real estate manager, the buyer said. After the event, he knew that the after-sale lease behavior was illegal and asked for help to recover the money.
According to a public judgment document, on April 25, 2018, Yu Mei signed a commercial housing sales contract with Fuda real estate company to purchase a 83 square meter house, and paid a total price of 743444 yuan on October 27 of the same year. After the payment, the two sides signed the house entrusted operation and management contract again, Yu Mei entrusted the house to Fuda real estate company for operation and management, with the trusteeship period of 44 months among four years. According to the contract, Fuda real estate company paid Yumei 22% of the total house price for four years during the housing trusteeship period.
But since then, Fuda has not paid the rent. It argues that the total price of the house is more than 900000 yuan, rather than 740000 yuan that Yu Mei thinks. Yu Mei has already paid more than 900000 yuan less rent. Yu Dongmei explained that the date of the commercial housing sales contract was inverted. Fuda real estate company did not deliver the contract to her until August 2019. She always believed that the total price of the house was more than 900000 yuan.
After hearing, Rushan court held that Yu Mei had written the rent of four years in custody has been paid for the house in the subscription letter, and then signed in the guarantee letter of the entrusted operation and management contract, confirming that he had received the rebate rent of 227940 yuan from the trusteeship operation, and promised to lease the house involved in the case to others. Therefore, it should be recognized that the transaction of commercial housing involved in the case is actually a kind of after-sale charter of commercial housing For.
Article 11 of the administrative measures for the sale of commercial housing stipulates that real estate development enterprises shall not sell uncompleted commercial houses by means of after-sale leasing or disguised after-sale leasing. However, the commercial houses involved in the case are existing houses at the time of sale, and are not uncompleted commercial houses. Therefore, the act of after-sale leasing does not violate the above provisions.
Finally, Rushan court rejected Yu Meis petition. After Yu Mei appealed, the Weihai intermediate court still upheld the original judgment.
However, compared with Wang Qinghua and Yu Meis after-sale charter disputes with real estate development enterprises, Li Tai took part of the after-sale charter rent to court with real estate development enterprises.
However, after Li Tai collected 190881 yuan (RMB 101393.40 yuan in arrears) for four years, Weihai Guangao Tourism Investment Co., Ltd. no longer paid the rent, saying that the after-sale charter contract signed by both parties violated relevant provisions and should be invalid, and advocated to terminate the after-sale charter contract.
For the developers self certification violations behavior, both parties to the court. After the first and second trial, Weihai intermediate peoples court finally upheld the first instance judgment, and Weihai Guangao Tourism Investment Co., Ltd. paid Li Tai the remaining rent of 539991 yuan.
In view of the developers violation of self certification, in several cases sorted out by the surging journalists, the court found that the above-mentioned measures are the department rules issued by the original Ministry of construction, and do not belong to laws and administrative regulations, and the contract signed by both parties has no illegal purpose, so the contract is valid. The developer claims that the contract is invalid or not based on his own violation of the measures, which violates the principle of good faith, and the court does not support it.
Chaos of house watching group
Behind these disputes is the chaos of house watching groups in other places.
For the 12% commission, a staff member in a large real estate enterprise told the surging news that the industry generally regarded 4 u2030 and 5 u2030 as high commission, and the 12% commission belonged to windfall profits.
In 2019, the first finance and economics survey found that Haijing house mainly focuses on the concept of old age and carries out network publicity in big cities such as Beijing, Shanghai and Tianjin. The sales team of Haijing real estate organized a housing group in the local area, using free tourism as stunt, and pulled potential buyers to the Sales Office of Haijing house by bus one by one.
In October this year, there was a media report that a free tour with a group of men was forced to buy a house.. After the investigation in Rushan City, it was reported that Yao Mou Yu participated in the house watching group to visit Rushan, and voluntarily purchased a house, and the situation of restricting freedom and compulsory purchase of a house was not true. In response to this, Nanfang Daily commented that although it is your wish to buy and sell real estate, consumers feel that they are cheated repeatedly. The government needs to further verify whether there are indeed unfair transactions in the local real estate development, and if so, it should be punished accordingly - the so-called unfairness is not only forced transactions, but also deliberately concealing important transaction information When persuasion and other modes.
The relevant person in charge of Rushan real estate management department once said: during the law enforcement inspection, we found that some sales agencies of Rushan Yintan Seaview housing seized the regulatory gap and set up their agencies in Beijing, Shanghai and other places. In order to attract the attention of buyers, they grasped the psychology of the buyers, deliberately exaggerated the local traffic, medical treatment, shopping and other conditions in Yintan, and even sold and rented back the cost Illegal forms induce consumers, so as to achieve the purpose of transaction.
In the article positioning, property management and supporting facilities are changing, both seascape and prospect were published on Rushan municipal government website in September this year, which described the development process of Rushan sea view house, and optimistic about the future prospect of sea view house: since the early 1990s, Rushan Yintan has established the development idea of driving the rapid growth of regional economy by real estate industry. For a short time, there were many tower crane buildings along the coast of Yintan. With the real estate agents setting up sites all over the country and carrying out three-dimensional bombing propaganda, the silver beach sea view house has been sold all over the country
Many uncompleted villas under the tower crane. Source: China real estate news. Behind the sea view houses competing for a group of buildings, there are a large number of vacant and shrinking sales. As for the vacancy, the above-mentioned article analyzes the reasons and points out that there are mainly several situations: some owners buy houses simply because of tourism and vacation, they will come to Yintan for a short period of time every year, and the rest of the time they live in the working city; some owners love the natural environment of Yintan and buy houses in order to retire for the elderly, because they have not reached the retirement age, or can not leave their residence after retirement, resulting in a short period of time In order to invest, some owners do not intend to buy houses and live, resulting in long-term idle. (in order to protect the privacy of the parties, Li Tai and Yu Mei are pseudonyms.) Source: surging news editor: Chen Hequn_ NB12679
Many uncompleted villas under the tower crane. Source: China real estate news.
Behind the sea view houses competing for a group of buildings, there are a large number of vacant and shrinking sales. As for the vacancy, the above-mentioned article analyzes the reasons and points out that there are mainly several situations: some owners buy houses simply because of tourism and vacation, they will come to Yintan for a short period of time every year, and the rest of the time they live in the working city; some owners love the natural environment of Yintan and buy houses in order to retire for the elderly, because they have not reached the retirement age, or can not leave their residence after retirement, resulting in a short period of time In order to invest, some owners do not intend to buy houses and live, resulting in long-term idle.
(in order to protect the privacy of the parties, Li Tai and Yu Mei are pseudonyms.)