"Why doesn't the sales consultant say 110 in the suite? Say 130 to me, obviously inducing consumption!" Mr. Xue said.
Before paying the down payment, it was found that the area in the suite was different from that of the sales consultant
Thinking about improving the housing conditions, Mr. Xue, 32, has been looking at the house. At the beginning of December 2021, The Qujiang City Tree on Chunlin 2nd Road in Xi'an City began to publicize, and Mr. Xue went to see the location of the project, the apartment type, etc., especially the 160 square meter apartment, and the price was acceptable, so he contacted the sales consultant. Subsequently, the sales consultant told him in WeChat that the area of the 160-square-meter apartment was about 130 square meters. In this way, the public pool is about 20%, and Mr. Xue feels that it is OK, so he decided to register for purchase.
On December 8, 2021, the property received a pre-sale certificate. Around December 10, Mr. Xue registered on the commodity housing sales publicity platform. The registration results show that the building does not need to be drawn, flat sales, and can be purchased directly.
On December 16, Mr. Xue went to the sales department to select a house, and after the selection, he paid a deposit of 200,000 yuan. Then the outbreak of the epidemic in Xi'an, in late January 2022, the epidemic improved, Mr. Xue was ready to pay a down payment, at this time, he saw the purchase contract, "found a 160 square meter house, the area of the suite is only 121 square meters, the pool is about 25%, not the previous sales consultant said 'about 130 square meters in the suite,' I felt that I was fooled." ”
The sales consultant said that "only the scope is said, you can check out, the deposit is not refunded"
Mr. Xue said that in response to this problem, he asked the sales consultant, the other party explained that when the area in the suite was 130 square meters, he had not yet obtained the data of surveying and mapping, "This logic is not right, the situation I said on December 6, the pre-sale certificate was obtained on the 8th, so he must know how much the area in the suite is, why doesn't he tell me that the area in the suite is 110? ”
Mr. Xue said that when he reflected to the relevant departments, the sales changed his mouth and said that the public pool that was said at that time was 30%, not 130 square meters in the suite, "The information he sent was not recognized, can I still believe them?" Mr. Xue now wants to get back the deposit of 200,000 yuan he paid.
On the morning of February 20, Mr. Xue showed the chat records with the sales consultant of the building, who said that the 160 square meters of the suite area was about 130. Later, in the face of Mr. Xue's questioning, the sales consultant said: "The first time I told you, there was no public document, what I said to you was a range, all the public documents were available when choosing a room, and you can now choose to check out, but the deposit is not refunded, not changed, not renamed." ”
It is believed that the sales staff has been fraudulent The parties have complained to the housing department
On the morning of the 20th, the reporter of Huashang Daily and Mr. Xue went to the Qujiang City Tree Sales Department together, and there were sales consultants to introduce various information about the real estate to the public.
Mr. Xie, the sales manager, said that their sales did say that the area of the 160-square-meter apartment is about 130 square meters, "but the interval is about 130 square meters, because the information obtained by the sales consultant is not very accurate, and later before the opening, the information of the real estate, including the area, the pool, etc. are publicized in the sales department, and the publicity is for customers to see, so we have no problems." Mr. Xue's demand for a refund of 200,000 deposits could not be satisfied. ”
Mr. Xue said that it was because of his complete trust in the property consultant that when choosing a house, he did not notice whether the sales department was public, and he did not expect that there was still a problem. Believing that the sales staff had committed fraud, Mr. Xue had complained to the housing department.
Lawyer: If there is an untruthful and misleading property advertisement, the deposit should be refunded
Li Yaohua, a lawyer at Beijing Deheng (Xixian New Area) Law Firm, said that according to the Administrative Measures for the Sale of Commercial Housing, whether it is a commercial housing reservation contract or a pre-sale contract, the construction area and the apportioned common construction area should be clearly agreed to ensure the buyer's right to know.
Whether the deposit should be refunded should be judged in conjunction with the agreements and evidence of both parties. According to the Provisions of the Civil Code, a deposit is a kind of security for creditor's rights, and if the party who pays the deposit does not perform or the performance of the obligation is not in accordance with the agreement, resulting in the inability to achieve the purpose of the contract, it has no right to claim the return of the deposit; If the party receiving the deposit does not perform or the performance of the debt is not in accordance with the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
The seller of the real estate does inform the buyer that the area in the suite does not match the actual area, although there is a public announcement at the opening, but if there is no evidence to prove that the buyer knows the change in the area in the suite, there is a situation where the content of the real estate publicity is untrue and misleading the buyer to buy a house, and the deposit should be refunded to the buyer; If the seller of the property has evidence that the buyer knows of the change in the area of the suite, such as an agreement or other evidence, the buyer is not entitled to a refund of the deposit. It is recommended that the parties negotiate the settlement in accordance with the agreement and evidence.
Source: China Business Daily