Beijing, March 1 news (reporter Men Tingting) In July 2021, the Ministry of Housing and Urban-Rural Development and other 8 departments issued the "Notice on Continuous Rectification and Regulation of the Real Estate Market Order", which opened a three-year real estate market rectification action, focusing on rectifying the prominent problems in the fields of real estate development, housing sales, housing leasing, and property services.
In August of the same year, the Beijing Municipal Housing and Construction Commission officially issued the Notice on Further Regulating the Sales of Newly Built Commodity Housing for the development enterprises to over-decorate the model room and excessively beautify the real estate display, resulting in the problems and opinions of the buyers on the "wrong goods" and "serious reduction".
Under the heavy blow, there are still some companies with similar problems. Buyer Xiaohui (pseudonym) recently complained to reporters that she displayed a property she purchased based on materials such as the sand table at the sales office, and after the relocation of the sales office, the sand table also changed. "I don't know now, I spent more than 10 million yuan to buy a house."
More than 10 million houses were bought After a few months, it was found that the developer changed the sand table and the garden design changed greatly
The house that makes Xiaohui "disturb her heart" is a project of Zhonghai Jingsan Courtyard developed by China Overseas Real Estate in Yizhuang Development Zone, Beijing. According to Xiaohui, in April 2021, more than a month after the project first opened, she spent nearly 12 million yuan to buy a 168-square-meter house.
After Xiaohui's house was bought, the sales office of Zhonghai Jingsan Courtyard was relocated. On the eve of the Spring Festival of the Year of the Tiger, Xiaohui and her lover Mr. Liu went to the new sales office to understand the progress of house development and visit the new model room. After coming to the new sales office, Xiaohui found that it was not only the address of the sales office that changed, but also one of the important bases for them to buy a house, the sand table, which also changed.
The comparative photos that Xiaohui showed to reporters showed that the sand table, water feature and above-ground landscape structure they saw when they bought a house were rich, while the water features and above-ground landscape structures on the new sand table "disappeared and disappeared" and "shrunken shrinkage". For example: the south side of building 7 on the original sand table is equipped with a children's game sinking square, a steel structure hollow bird's nest parental care interactive space, sculpture sketches, a gentle slope steel structure landscape bridge, to the new sand table all disappeared, replaced by some rest seats and entertainment, fitness equipment; the main landscape on the south side of the original Building 3 and Building 4 has also changed, the original curved overhead community interaction space surrounded by water features has been reduced, the waterside leisure seats and recliners set on the first floor have not appeared on the new sand table, and the rest seats set on the roof have been set. The deck chairs and two characteristic landscape trees that pierced the roof holes from the ground were also missing.
(Landscape map of the original Shapan Building 7, courtesy of the interviewee, issued by the Central Broadcasting Network)
(Landscape map of Building 7 of the new Sand Table, courtesy of the interviewee, issued by the Central Broadcasting Network)
Mr. Liu, who is engaged in the research and development of real estate products, believes that the change in the landscape configuration on the sand table is actually the developer's "reduction" in order to reduce costs.
Last year, the Beijing Municipal Housing and Construction Commission issued the Notice on Further Regulating the Sales of Newly Built Commodity Housing. While emphasizing the "what you see is what you get" in the model room, the notice also stipulates that when developing enterprises produce various sales publicity materials such as exhibition boards, sand tables, building books, atlases, APP software, etc., the display content within the scope of the project should be consistent with the content of the planning permit, and the proportional relationship between buildings, structures, green landscapes, and residential roads should be consistent with the general plan of the planning permission; the display content outside the project should be consistent with the current situation, and the unbuilt content should not be displayed. Where planning adjustments and design changes affect the display content, sales publicity materials should be adjusted in a timely manner.
This means that the sand table displayed by the developer at the sales office is highly correlated with the future construction of the community. The sand table was replaced, the community garden design was revised, but the developer did not inform, in a huff, Mr. Liu made a 13-page PPT called "Comparison of the Landscape Reduction Sand Table of Zhonghai Jingsan Courtyard" and sent it to a zhonghai Jingsan courtyard owner group named "Jingsan Real-Name Authentication Group".
Went to the sales office 4 times in the month to communicate the developer issued a "lawyer's letter" warning
Seeing Mr. Liu's "analysis" in PPT, the group realized that more and more owners who may have the problem of reducing the allocation of developers are increasing. Owners believe that if there is a problem of garden allocation reduction, it may not only affect their future living experience, but also affect the subsequent transaction price.
Among them, about 20 or 30 owners and their families agreed to come to the sales office on the fourth day of the Lunar New Year (February 4, 2022) and asked the project leader to give an explanation on the "replacement of sand table and landscape cost reduction problems in Zhonghai Jingsan Courtyard". As a result, the staff of the sales office told that it was the Spring Festival holiday, and the leader was resting and was not in the project.
(Scanned copy of the owner's handwritten appeal letter, provided by the interviewee, issued by the Central Broadcasting Network)
Without meeting the relevant person in charge, Xiaohui and the representatives of the participating owners held an online meeting with the online personnel, wrote a "Letter of Appeal", and asked to meet with the project sum marketing meeting next weekend, and then leave separately.
On Saturday, February 12, the owners came to the sales office together. According to Xiaohui, the four China Overseas staff who received them on the same day stressed that the sand table and promotional materials have disclaimers, the sand table has indeed been replaced, and the sand table photos in April last year and January this year (taken by Mr. Liu) are concept displays, not the final planning plan. Xiaohui believes that the developer's approach is very unreasonable, "This is equivalent to I obviously bought a pair of leather shoes, you gave me a pair of slippers, I also have to recognize." In fact, relying on publicity materials to sell houses was once the "killer weapon" of Zhonghai. When the Haijia Sanyuan Courtyard was first sold in the opening work of the Tibetan Peak Department, it was famous for "selling mansions by drawings and selling 2 billion yuan". If the drawings are just "concept displays", the only thing that buyers can rely on is the trust in the developer's brand.
The owner did not get the answer he wanted, and next, Zhonghai took the initiative to facilitate the third meeting between the two sides. Xiaohui said that on February 14, China Shipping's sales found some owners' representatives and said they wanted to solve the problem. Because the meeting time is Wednesday (February 16), most people have to go to work, and after the agreement within the owner group, 6 people, including Xiaohui, will go to the owner on behalf of the owner to understand the situation.
In the live recording provided by the owner, Zhonghai said on the same day that the original intention of replacing the sand table and revising the garden plan was to make the overall landscape effect better. During the conversation, China Shipping gave an explanation of the problem pointed out by the owner. Taking the children's area as an example, Zhonghai said that the change plan is because the original design plan did not divide the children's activity area by age group, did not set up equipment placement points, and the place where children played was relatively small, and the changed plan divided children's activities into three age groups of 0-3 years old, 3-6 years old, 6-9 years old, set up a happy swing, rest bench and introduced imported fitness equipment, which is equivalent to removing the original impractical part. Zhonghai said that Zhonghai has a new plot of land in Yizhuang, and The Zhonghai Jingsan Courtyard is built according to the benchmark project, "how much money can be reduced by the allocation, and the amount of money that Zhonghai is not bad."
However, the owners do not recognize the statement that "there is no reduction in allocation in China Shipping and the new version of the garden plan is an upgrade and optimization of the old version". On February 19, 30 or 40 owners came to the sales office again to negotiate, but the two sides still did not reach an agreement.
And just when the two sides were in a stalemate, Xiaohui did not expect that a lawyer letter sent to her was already on the way. On 22 February, Xiaohui received a lawyer's letter from a relevant law firm entrusted by China Shipping Yizhuang Wisdom Real Estate Co., Ltd. (a subsidiary of China Shipping, China Shipping Jingshuo No.3 Courtyard Project Development Company). The lawyer's letter said that Xiaohui accused the Zhonghai Jingsan Courtyard of exaggerating publicity, stealing sand tables, reducing allocation in the public area and other serious problems in the relevant short video, published a negative evaluation of the project in the WeChat group, organized and called on other owners to carry out on-site rights protection, and held up a sign at the sales office, which seriously affected the normal operation of the company, resulting in misunderstanding of the project situation by the relevant public; required her to delete all infringing content within 3 days after receiving the lawyer's letter, and not to repeat similar infringements; required her to properly defend her rights through reasonable channels such as justice.
In this regard, Xiaohui expressed helplessness. In her view, Zhonghai's approach is to "cheat customers in the shop".
In addition, Xiaohui also told reporters that there are also bundled sales behaviors prohibited by the policy of Zhonghai Jingsan Courtyard. She introduced that when they buy the Zhonghai Jingsan Courtyard, they must purchase the corresponding "hardcover package". "Hardcover package" is divided into two types: "new Chinese" and "hotel style", the same is 168 square meters of housing, "new Chinese decoration package" is about 200,000 yuan cheaper than "hotel style decoration package". Xiaohui said that neighbors told her that she could freely choose between the two hardcover types when she bought a house in February 2021, but by April of the same year, she could only buy a "hotel-style" decoration bag.
Regarding the relevant situation reflected by the owner, the reporter called the relevant staff of the Zhonghai Jingsan No. 3 Hospital who docked with Xiaohui on February 25. The other side said that there is a press spokesperson in China Shipping who specializes in this matter, and can leave contact information, and the relevant spokesman will reply. However, as of press time, the reporter has not received a reply from the relevant person in charge of China Shipping.
China Overseas Beijing encountered rights protection for the first time There have been projects that have been demolished due to illegal elevator shafts
According to the reporter's understanding, the block where the Zhonghai Jingsan Courtyard is located was won by Zhonghai on August 3, 2020, at a price of 7.9 billion yuan and a premium rate of about 23.44% through public bidding, auction and listing, with a construction land area of about 85,000 square meters, a construction control scale of about 201,500 square meters, and a residential volume ratio of 2.5. The project obtained a pre-sale certificate on February 28, 2021, with 998 planned households, and 431 households have been signed online, with an average transaction price of 66867.27 yuan / square meter.
As soon as it was launched, the Zhonghai Jingsan No. 3 Courtyard unfurled the banner of "Zangfeng New Work Born from the Imperial Realm." In the propaganda, Zhonghai said that the Zangfeng system was "the product department that placed the works of the Zhonghai mansion, and the Jia San Courtyard was the opening chapter, redefining the height of the inner city of the West Third Ring Road", and the Zhonghai Jingsan Courtyard was "chengjia san no. 3 courtyard, continuing Yizhuang's new work". According to promotional materials, Zhonghai Jingsan Courtyard "draws on the concept of Rolls-Royce engineering craftsmanship, Waldorf Astoria scene creation and the fading art concept of Central Park, and outlines the geometric façade with simple and neat lines, presenting a unique all-glass curtain wall fashion art façade, which is the second era work that can surprise the market by iteratively interpreting the Tibetan peak system."
(Screenshot of a social platform complaint message, issued by the Central Broadcasting Network)
With the release of rights protection information on social platforms and short video platforms, a new round of netizens' complaints about Zhonghai has also begun. Some netizens joked that the "Tibetan peak system" of Zhonghai became the "Tibetan knife system" and cried to the owner. Some netizens said that buying a house is the same as gambling. Of course, some netizens said that the Zhonghai relocation house is very well built, the property is also good, and there is no problem on their own side.
However, it is worth noting that China Shipping's project in Beijing is not the first time it has encountered rights protection. Many projects such as Zhonghai Huanyu Tianxia, Chang'an Yunjin, Jin Yuhe, Zhonghai Lichun Lake Villa, Yinghai Fu, Zhonghai Huanyu Times, and Zhonghai Wangjing Mansion have encountered rights protection due to "wrong goods" and problems with decoration quality. Among them, after the Yinghai House, which was operated by China Overseas, was handed over, the owner was told that the elevator room was illegally built and demolished, and the owner defended his rights. At that time, Zhonghai said that it would compensate 150,000 yuan to each buyer who demolished the elevator room in the form of equivalent supporting equipment and offsetting the property fee, and if the buyer did not accept it, he could go to the court to sue and solve it. Zhonghai was once ridiculed into the strange circle of "handing over the house is to protect rights".
On issues such as disclaimers, sand table replacement, and garden reduction, the reporter interviewed Wang Jiahong, executive director of Beijing Jinsu Law Firm. Wang Jiahong said that article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing shows that advertisements and promotional materials for the sale of commercial housing are invitations to an offer, but if the explanations and promises made by the developer on the housing and related equipment and facilities within the scope of the commercial housing planning are specifically determined, and have a significant impact on the buyer's purchase of the house and the determination of the price of the house, it will still be regarded as an integral part of the contract. Therefore, even if the developer has a disclaimer, if the promotional materials have a significant impact on the buyer's signing of the contract and the price of the house, it must be legally effective, and it will not be exempt from legal liability because of the disclaimer.
Wang Jiahong pointed out that for the replacement of the sand table, in accordance with the principle of honesty and trustworthiness in the performance of the contract, the developer should inform the owner. At the same time, she said that for the problem of garden allocation reduction, if the buyer has evidence to prove that the developer has false publicity, he can request investigation and punishment from the Market Supervision Administration, and finally the government administrative organ will determine the false publicity and impose administrative penalties. At the same time, the buyer can also claim compensation from the developer based on this, and when certain conditions are met, it can claim to check out. If the developer violates the plan, the buyer can go to the competent planning administrative department to request investigation and punishment, and the planning administrative department will determine and deal with the developer's violation of the plan.
For the further movement of the owners of the Zhonghai Jingsan Courtyard to protect their rights, the reporter will continue to follow up.