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Be wary of fussy property sales: charging undisclosed prices is a disguised price increase

Time: January 9, 2020 08:44:27 China Finance Network
A real estate company salesperson falsely reported the price to the buyer, and added an extra price in addition to the listed price. A special deposit price that was not specified was charged separately. The 120,000 deposit I paid was “flying” from the house payment?

When consumers buy a house, the actual payment paid is not the same as the total price written in the contract, only to find out that they have inexplicably paid a "media service fee" without their knowledge.

In fact, this is exactly how some real estate companies are using "yin-yang contracts" to infringe on consumers' legal rights. This move is suspected of raising prices in disguise, as well as evading local public policies to adjust house prices, and is suspected of evading taxes, so it is not protected by law. When buying a house, consumers must also carefully read the contents of the house purchase contract, avoid verbal agreement, and avoid "into the pit".
For a set of 700,000-800,000 yuan commercial housing, the "intermediate service fee" ranging from 80,000 to 120,000 yuan was demanded. A few days ago, the Changchun Consumer Association accepted 4 complaints about disputes over house purchases. Under the investigation and settlement of the Consumers Association, the consumer Mr. Guo and 4 others finally got back the overcharged money and interest from the real estate company.

"Purchasing real estate is a large amount of consumption, but in the process of buying a house, due to asymmetric information and other reasons, there may be various traps." Said Zhong Ping, secretary general of the Consumer Association of Changchun.

Inexplicably transferred to a third-party company. On October 29, 2018, Mr. Guo ordered a 97-square-meter house at a sales center in Changchun. The sales staff said that the total price of the house was about 875,000 yuan, and the unit price was about 0.9 million. Yuan / square meter. Mr. Guo swiped his card to pay a deposit of 120,000 yuan, and the sales center issued a 120,000 yuan intermediary service fee receipt without an official seal. At the time, Mr. Guo thought this was the receipt for the down payment of the house purchase.

On the 6th of the following month, Mr. Guo paid a down payment of RMB 559,100 to the sales office. This time, a down payment receipt was issued. At the same time, a loan of RMB 200,000 was purchased for a total of RMB 87,577,000. The two parties signed a house purchase contract.

In August 2019, when Mr. Guo went to collect the house invoice, he found that the total price of the house payment on the invoice was 755,000 yuan. The real estate financial staff explained that when there was a payment of 120,000 yuan, the card was transferred to a third-party agency, Changchun Real Estate Brokerage Co., Ltd., so the 120,000 yuan purchase invoice was not provided.

At this time, Mr. Guo only noticed that the unit price of the house indicated that the unit price was 78.08 million yuan per square meter, with a total price of 755,000 yuan. In the process of buying a house, the sales staff did not mention the money transferred to the third-party agency, and the purchase contract did not specify related matters.

Coincidentally, on September 22, 2018, Mr. Pei favored a 84-square-meter house at a sales office in Changchun, and the salesperson quoted a price of 0.97 million yuan / square meter. Subsequently, he paid a total down payment of 223,775 yuan in accordance with the requirements, and applied for a loan of 590,000 yuan, totaling a total of 82,075,000 yuan. The house purchase contract signed by the two parties showed that the house purchase amount was 08,750 yuan / square meter, and the total house price was 740,775 yuan. The seller issued two bills at that time, one was an 80,000 yuan-free receipt with the intermediary service fee. The other is a receipt with a down payment of 150,750 yuan and the official seal of the real estate company.

"Why is there a difference between the total price of the contract and the actual payment of 80,000 yuan?" Facing Mr. Pei's doubts, the sales staff said that the contract for buying a house can only be written like this.

The collection of unspecified prices is a disguised price increase. <br /> In response to several complaints, Zhong Ping said that in order to regulate the order of the real estate market, efforts have been made to solve the problems of price confusion, opaque information, and price fraud in the current sales of commercial housing. The National Development and Reform Commission issued the "Regulations on the Marking of Commercial Housing Sales", and Jilin Province has also specifically regulated the issue of the marking on commercial housing sales.

Zhong Ping introduced that the sales of commercial housing should implement a set of one price, and clearly publicize the collection agency fees and real estate service charges, and commercial housing operators must not add any unspecified fees in addition to the listed price. After the sale price of the commercial housing is clearly announced, the price can be reduced or sold on its own, but the price increase must be reported and filed again.

At the same time, in accordance with the requirements of the State Council's Notice on Resolutely Restraining Over-Rising House Prices in Some Cities, real estate development projects that have obtained pre-sale permits or filed for sale of existing homes must disclose all of their homes for sale at one time within the prescribed time and strictly follow the declaration The price is clearly marked for external sale.

"Real Estate Development Co., Ltd. is an obligation to provide relevant consulting services to buyers. However, its sales staff misreports the price to the buyer, one price for the two houses, and the price is increased in addition to the listed price of the commercial house. It also charges an unspecified special price. That is, the intermediary service fee is a disguised price increase, which obviously violates the relevant provisions of the "Implementation Rules of Jilin Province's Commercial House Sales Marking Price", said Zhong Ping.

Zhong Ping told reporters that additional service charges for real estate are "yin and yang contracts". According to Article 52 of the Contract Law, the excess of the housing price is not included in the contract, is not a content agreed by both parties, and is a unilateral coercive act. The move circumvented local public policies to regulate house prices and was suspected of tax evasion, so it was not protected by law.

Consumers need to be vigilant about real estate sales. <br /> After receiving complaints from consumers, Changchun Consumers Association staff contacted the person in charge of real estate.

Subsequently, the deputy general manager of the real estate company came to Changchun Consumers Association. He explained that in recent years, the company's main focus has been on development and other preliminary work, and the sales of commercial housing have been entrusted to related companies. Originally thought that the higher service costs of the sales company had been paid, and the three chapters of the law were also paid. In particular, the issue of house sales prices made explicit provisions that did not allow entry into the red line zone. Otherwise, each house sold would be fined 50,000 yuan for breach of contract. But I did not expect that such problems would still occur.

"The real estate company will never condone the illegal behaviors committed by the sales company, and will not allow the same problem to occur in the development of real estate companies," said the deputy general manager.

Zhong Ping put forward a suggestion, requesting the real estate company to investigate and resolve the buyers involved in similar issues together, and strengthen the enterprise's prevention and control management mechanism to avoid recurrence of violations of laws and regulations and damage to consumers' legitimate rights and interests, and hope that the real estate company can work with The Consumer Association has established a dispute resolution and docking mechanism to work together to create a harmonious market environment for consumption.

At present, the overcharges and interest involved in the four complaints have all been returned to consumers.

In response to the frequent consumer disputes in house purchases, Zhong Ping reminded that consumers must know whether the proposed house is within the scope of pre-sale permission and whether the "five certificates" of the real estate are complete before buying a house. Money.

"In order to avoid developers playing tricks on the contract, when signing the contract, you must carefully read the content of the purchase contract, and pay special attention to the sales staff's promotional information and commitments should be fully included in the formal contract to avoid verbal agreement." Zhong Ping said, "If you encounter a transaction process that is signed by a" yin and yang contract, "consumers must take precautions and resist."

In addition, Zhong Ping specifically pointed out that in the current process of new house opening sales, the fundraising or pre-paid subscriptions paid by customers are essentially within the scope of the deposit, and the developer should agree that the customer will be returned without a subscription. However, the legal documents signed by the developer and the client, including the subscription letter and receipt, are generally clearly written as a deposit, and it is difficult for the client to request a return without proper cause.

"Consumers must be clear about the fees paid and the signed agreements and other materials in the purchase of a house, carefully check and check the details of the bills, and promptly point out and replace the mismatched names, the paid fees and the signed materials. , To avoid fooling into the pit. "Zhong Ping said.
□. Liu. Shan. Shan. Workers. People. Daily.
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