Hu You-six strokes of civil infants
All along, accompanied by the sale of real estate projects, private sales, such as pre-sales, deposits, deposit, bonds, Cheng Yijin, and other myriad names of the real estate new terms have emerged, but as time marched, the developers of these terms The use of a familiar, Luhuochunqing trend. Not a distinction in the consumers are increasingly unable to properly protect their own rights, because sometimes did not know each other that what can be when you think to understand the meaning of the other side, you might have unfortunately already charged into the Wahao traps.
Recently, on the terms of the number of complaints gradually up. To this end, the reporter visited the Tianjin Ming Yang Chang Ying firm, and Yang Zhongkai, SUN two lawyers had an in-depth conversation.
Deposit margin deposit Cheng Yijin
On the deposit found
Readers are complaints, there are some developers, have not yet achieved sales of commercial property in the sale or license of, or in advance Popularity gather for the purpose of sale, the relevant departments at the same time to avoid punishment, then come up with various ways to modify their own In advance of the sale. For example, during the official opening of a pre-designated banks to provide consumers interested in buying houses to open an account to deposit a sum of 10,000 to 50,000 yuan from the deposit, then with deposit to register Paihao sales offices, according to the order Paihao The election. At the same time developers also said that the deposit of the property of individuals, consumers can always be the amount of the deposit removed. However, they will open the individual deposit accounts to monitor, if closed, the amount of the deposit has been removed, then the consumers row, will be cancelled, which is automatically lose their house purchase for the money, known as "Margin", "Cheng Yijin." So, how to identify the nature of the money it »
Yang lawyer said, that some consumers attach great importance to advance the concept that, because once that paid the deposit, if the developer defaults, consumers can be at least double the return. However, the reporter mentioned that this situation is slightly different, because the money is not handed over to developers, but only in his own name to open a deposit account, then it is very difficult that is to deposit the money. This is the developer of smart, he used this money Diaozhu you, do not assume the risk of double return. So the money can only be regarded as "disguised deposit" or "seemingly deposit", the key is this money is not in the hands of developers control.
In addition, Yang lawyer said, perhaps there is a situation that the consumer can deposit the money into bank deposit, that is, consumers open accounts is a condominium. In other words, the consumer bank to deposit the money, developers can not only monitor but also in consumer money when consumers and the developers need to co-signing才行. If this is the case, the deposit can also be identified as a deposit, but now this is not the case, so this is not evidence of deposit.
- The "deposit" when "deposit"
Referred to this issue, Yang said that lawyers can not re-presenting the "deposit" and "deposit" the difference. "Guarantee Law," the "deposit" is secured one of five ways. Prepaid "deposit", if consumers do not fulfil their obligations under the contract, will no longer have no right to request a refund for the "deposit". In the "Contract Law", "Select deposit of impunity": If the buyer is a breach of contract, the "deposit" obtained by the seller if the seller is a breach of contract, the seller should be returned to "deposit" to the buyer twice, so the two sides signed Contracts will be more cautious.
"Deposit" is different, "deposit" is set, the meaning of reservations. Is to give consumers a buffer period of consideration, such as some consumers ready to buy property, is responsible for some of the flats in order to give consumers a full consideration of space, so that consumers are willing to pay that first "deposit" For a period of time, such as three days, consumers can buy the final decision whether or not to buy, within three days, pay a "deposit" the eyes of the consumers would not recommend to other buyers, three days after not guaranteed. But the "deposit" can not buy property at a full refund, to buy property can also deal with property prices as part of the contract in default unless the return is not the special agreement, otherwise it is not equivalent to "deposit."
Not a deposit, the increasingly rising deposit
Yang lawyers that the mentioned the various "deposit in disguise", consumers actually need to heighten their vigilance. A little bit because it not only limits the developers can not act, but the tug of consumers continue to trouble the election of the legs. Such consumers were "Jiaole Qian has been" blinded by the false impression of living that the house had been set, sit back and relax, but may not know that, in fact, what he did not buy, once one day he found this point, the time may have The last for a long time. Changes in property prices now so great that consumers waste per day, are likely to re-purchase pay a much higher price, and this loss will not receive compensation. Therefore, consumers only their own Caliangyanjing, multi-use their brains, or to ask the lawyers, in fact, such advice is not much money to spend.
However, Yang lawyers also said that the time cost is likely to receive compensation, the law provides that contracting parties fault liability. "Contract Law" Article 42 stipulates: "The parties entered into the contract in the course of one of the following circumstances, to the damage caused by the other party, should bear the liability for damages: (a) the name of a contract, malicious conduct consultations, (b) deliberately concealing And a contract on the important facts or providing false; (c) any other violation of the principle of good faith. "
Yang pointed out that lawyers, with special attention to this side of "malicious consultations" and "intentionally concealed" the facts. Kanfang because from the consumer, every time communication between the two sides are close to each other, are in for the final efforts to reach an agreement. I also give you give you less is zoned designated price, let me point profits, expect to reach the final contract. At this time if the consumer has not a penny, is also thought to really buy a house, then you are wasting each other's malicious in sales resources; Conversely, if the developers in terms of price, the timing deliberately concealed some of you do not help The fact that you, which also constitute a fault. Because the General Principles of Civil Law No. 68, intentionally concealed the true situation or false statements, to induce the other side to make the wrong meaning that constitute fraud. Then you can conduct claims, including claims of direct losses and indirect losses.
How to avoid risks
Sun lawyers last added: if we really want to avoid the loss of consumers, the most effective method is still the number.
1, and inspected the first five cards: construction planning permits, the state-owned land use permits, construction permits, construction, land planning permits, housing pre-(sales) the sale of licenses. 5 card is dispensable, or whether more reasonable prices, the chamber more ideal location more attractive, but also not to buy.
Second, the sale of those verbal commitments into concrete contract, the burden of proof can not prevent.
Third, the terms of the contract should be specific, not vague provisions of the more detailed the better.
Fourth, stay writing things, Loushu, leaflets and so on.
5, the macro point, in addition to outside inspection developers, but also a little knowledge of policy. For example, urban planning, what is Park, where the green, everybody can understand that, and this is conducive to a good place to the election.
The first move children: to treat internal sale
Sales of "concession" and "internal price", "the first pick," as bait, urge you immediately pay the deposit »» after this village can not this shop!
Pay a deposit, not retreat, suddenly discovered that this price is not cheap, a lot of support also did not say clearly, psychological comfort himself said: It does not matter, the contract provides a fine point. However deposit in the hands of developers, on the initiative in the hands of others to, you also talk about how the contract ah »
You should think: we must calm! Buy a house is a major event, even if really spent tens of thousands of yuan, than you waste money to a few 100,000 Fine » Do not rush a decision, must all understand, to pay the deposit!
The second move children: cold-shouldered look at the appreciation of the event
Sales said: you are not rushed to buy » You look at our appreciation of this house more than Kuaia! From now been opened up to 1000 (2000,3000……)! Even if you do not like, is also selling premium Qiana!
You should think: Oh, careful! If I do not like, why others like it » Fool the world really so much » So many new buildings not sell? You want to sell high-priced second-hand » Moreover, a buying and selling, tax, intermediary fees, tens of thousands. Laode to assure you of this child »
Tip 3 children: Do not rely on land prices rose to
Sales said: do not hasten to buy » Fengshengshuiqi piece of land, left o × × Trade Circle, right-× × core! For two years, rose in absolute terrible! A time to sell, you all right Touzhao Le!
You should think: Oh, no one around to tell you up, the price of your home will be up » Furthermore, now that the price, but also the number rose »
Fourth strokes infants: why seen substantial rent
Sales said: We have this house, did not have to say that grade! Representative large foreign companies, specialized rent this house, a living for many years! As long as you pay a down payment, since some people pay on your behalf for «« But your house!
You should think: I believe he had, or their own went well inquire about the rental market (can be loaded into a rental company were to ask an intermediary), midrange the rent will not be much higher than the low-grade room.
Fifth strokes children: love Maibu Mai deserves Ladao
Sales said: love Maibu Mai. Riga to additional terms of the contract, the doors are not children! You Qianjiao out, Houjiao people Hulahuala come to our house Buchou Mai!
You should think: Ladao! Money in my pocket, if not out, there will be no loss. The house is a lifetime's largest commodities, if not, the future is endless troubles. If you makeshift today, the future becomes more second-hand Mai Budiao. If developers have to clear the terms signed Overlord, big deal not to buy critize, who see big losses.
6 strokes children: how could limit sale
Sales said: The Open, only two show floor, if you want to buy, in Mali little! I look at it this way, you Toutian queuing up on the evening will certainly be able to pick your favorite!
You should think: in a kind of hesitant to buy slightly less than the atmosphere, are you sure you consider the issue in a rational manner? » Not to set! Buy a house is important, we must carefully!
All along, accompanied by the sale of real estate projects, private sales, such as pre-sales, deposits, deposit, bonds, Cheng Yijin, and other myriad names of the real estate new terms have emerged, but as time marched, the developers of these terms The use of a familiar, Luhuochunqing trend. Not a distinction in the consumers are increasingly unable to properly protect their own rights, because sometimes did not know each other that what can be when you think to understand the meaning of the other side, you might have unfortunately already charged into the Wahao traps.
Recently, on the terms of the number of complaints gradually up. To this end, the reporter visited the Tianjin Ming Yang Chang Ying firm, and Yang Zhongkai, SUN two lawyers had an in-depth conversation.
Deposit margin deposit Cheng Yijin
On the deposit found
Readers are complaints, there are some developers, have not yet achieved sales of commercial property in the sale or license of, or in advance Popularity gather for the purpose of sale, the relevant departments at the same time to avoid punishment, then come up with various ways to modify their own In advance of the sale. For example, during the official opening of a pre-designated banks to provide consumers interested in buying houses to open an account to deposit a sum of 10,000 to 50,000 yuan from the deposit, then with deposit to register Paihao sales offices, according to the order Paihao The election. At the same time developers also said that the deposit of the property of individuals, consumers can always be the amount of the deposit removed. However, they will open the individual deposit accounts to monitor, if closed, the amount of the deposit has been removed, then the consumers row, will be cancelled, which is automatically lose their house purchase for the money, known as "Margin", "Cheng Yijin." So, how to identify the nature of the money it »
Yang lawyer said, that some consumers attach great importance to advance the concept that, because once that paid the deposit, if the developer defaults, consumers can be at least double the return. However, the reporter mentioned that this situation is slightly different, because the money is not handed over to developers, but only in his own name to open a deposit account, then it is very difficult that is to deposit the money. This is the developer of smart, he used this money Diaozhu you, do not assume the risk of double return. So the money can only be regarded as "disguised deposit" or "seemingly deposit", the key is this money is not in the hands of developers control.
In addition, Yang lawyer said, perhaps there is a situation that the consumer can deposit the money into bank deposit, that is, consumers open accounts is a condominium. In other words, the consumer bank to deposit the money, developers can not only monitor but also in consumer money when consumers and the developers need to co-signing才行. If this is the case, the deposit can also be identified as a deposit, but now this is not the case, so this is not evidence of deposit.
- The "deposit" when "deposit"
Referred to this issue, Yang said that lawyers can not re-presenting the "deposit" and "deposit" the difference. "Guarantee Law," the "deposit" is secured one of five ways. Prepaid "deposit", if consumers do not fulfil their obligations under the contract, will no longer have no right to request a refund for the "deposit". In the "Contract Law", "Select deposit of impunity": If the buyer is a breach of contract, the "deposit" obtained by the seller if the seller is a breach of contract, the seller should be returned to "deposit" to the buyer twice, so the two sides signed Contracts will be more cautious.
"Deposit" is different, "deposit" is set, the meaning of reservations. Is to give consumers a buffer period of consideration, such as some consumers ready to buy property, is responsible for some of the flats in order to give consumers a full consideration of space, so that consumers are willing to pay that first "deposit" For a period of time, such as three days, consumers can buy the final decision whether or not to buy, within three days, pay a "deposit" the eyes of the consumers would not recommend to other buyers, three days after not guaranteed. But the "deposit" can not buy property at a full refund, to buy property can also deal with property prices as part of the contract in default unless the return is not the special agreement, otherwise it is not equivalent to "deposit."
Not a deposit, the increasingly rising deposit
Yang lawyers that the mentioned the various "deposit in disguise", consumers actually need to heighten their vigilance. A little bit because it not only limits the developers can not act, but the tug of consumers continue to trouble the election of the legs. Such consumers were "Jiaole Qian has been" blinded by the false impression of living that the house had been set, sit back and relax, but may not know that, in fact, what he did not buy, once one day he found this point, the time may have The last for a long time. Changes in property prices now so great that consumers waste per day, are likely to re-purchase pay a much higher price, and this loss will not receive compensation. Therefore, consumers only their own Caliangyanjing, multi-use their brains, or to ask the lawyers, in fact, such advice is not much money to spend.
However, Yang lawyers also said that the time cost is likely to receive compensation, the law provides that contracting parties fault liability. "Contract Law" Article 42 stipulates: "The parties entered into the contract in the course of one of the following circumstances, to the damage caused by the other party, should bear the liability for damages: (a) the name of a contract, malicious conduct consultations, (b) deliberately concealing And a contract on the important facts or providing false; (c) any other violation of the principle of good faith. "
Yang pointed out that lawyers, with special attention to this side of "malicious consultations" and "intentionally concealed" the facts. Kanfang because from the consumer, every time communication between the two sides are close to each other, are in for the final efforts to reach an agreement. I also give you give you less is zoned designated price, let me point profits, expect to reach the final contract. At this time if the consumer has not a penny, is also thought to really buy a house, then you are wasting each other's malicious in sales resources; Conversely, if the developers in terms of price, the timing deliberately concealed some of you do not help The fact that you, which also constitute a fault. Because the General Principles of Civil Law No. 68, intentionally concealed the true situation or false statements, to induce the other side to make the wrong meaning that constitute fraud. Then you can conduct claims, including claims of direct losses and indirect losses.
How to avoid risks
Sun lawyers last added: if we really want to avoid the loss of consumers, the most effective method is still the number.
1, and inspected the first five cards: construction planning permits, the state-owned land use permits, construction permits, construction, land planning permits, housing pre-(sales) the sale of licenses. 5 card is dispensable, or whether more reasonable prices, the chamber more ideal location more attractive, but also not to buy.
Second, the sale of those verbal commitments into concrete contract, the burden of proof can not prevent.
Third, the terms of the contract should be specific, not vague provisions of the more detailed the better.
Fourth, stay writing things, Loushu, leaflets and so on.
5, the macro point, in addition to outside inspection developers, but also a little knowledge of policy. For example, urban planning, what is Park, where the green, everybody can understand that, and this is conducive to a good place to the election.
The first move children: to treat internal sale
Sales of "concession" and "internal price", "the first pick," as bait, urge you immediately pay the deposit »» after this village can not this shop!
Pay a deposit, not retreat, suddenly discovered that this price is not cheap, a lot of support also did not say clearly, psychological comfort himself said: It does not matter, the contract provides a fine point. However deposit in the hands of developers, on the initiative in the hands of others to, you also talk about how the contract ah »
You should think: we must calm! Buy a house is a major event, even if really spent tens of thousands of yuan, than you waste money to a few 100,000 Fine » Do not rush a decision, must all understand, to pay the deposit!
The second move children: cold-shouldered look at the appreciation of the event
Sales said: you are not rushed to buy » You look at our appreciation of this house more than Kuaia! From now been opened up to 1000 (2000,3000……)! Even if you do not like, is also selling premium Qiana!
You should think: Oh, careful! If I do not like, why others like it » Fool the world really so much » So many new buildings not sell? You want to sell high-priced second-hand » Moreover, a buying and selling, tax, intermediary fees, tens of thousands. Laode to assure you of this child »
Tip 3 children: Do not rely on land prices rose to
Sales said: do not hasten to buy » Fengshengshuiqi piece of land, left o × × Trade Circle, right-× × core! For two years, rose in absolute terrible! A time to sell, you all right Touzhao Le!
You should think: Oh, no one around to tell you up, the price of your home will be up » Furthermore, now that the price, but also the number rose »
Fourth strokes infants: why seen substantial rent
Sales said: We have this house, did not have to say that grade! Representative large foreign companies, specialized rent this house, a living for many years! As long as you pay a down payment, since some people pay on your behalf for «« But your house!
You should think: I believe he had, or their own went well inquire about the rental market (can be loaded into a rental company were to ask an intermediary), midrange the rent will not be much higher than the low-grade room.
Fifth strokes children: love Maibu Mai deserves Ladao
Sales said: love Maibu Mai. Riga to additional terms of the contract, the doors are not children! You Qianjiao out, Houjiao people Hulahuala come to our house Buchou Mai!
You should think: Ladao! Money in my pocket, if not out, there will be no loss. The house is a lifetime's largest commodities, if not, the future is endless troubles. If you makeshift today, the future becomes more second-hand Mai Budiao. If developers have to clear the terms signed Overlord, big deal not to buy critize, who see big losses.
6 strokes children: how could limit sale
Sales said: The Open, only two show floor, if you want to buy, in Mali little! I look at it this way, you Toutian queuing up on the evening will certainly be able to pick your favorite!
You should think: in a kind of hesitant to buy slightly less than the atmosphere, are you sure you consider the issue in a rational manner? » Not to set! Buy a house is important, we must carefully!
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