China Overseas Real Estate's house delivery area is insufficient, and thousands of owners are ridiculed for negotiating "only worthy of buying Evergrande unfinished buildings"

Author | Li Linli, Liao Huiwen

Edit | Xie Jiajia

"Let them brush it! You only deserve to buy Evergrande's unfinished building!"

Recently, Mr. Tang, the owner of Changsha Zhonghai Huanyu World, showed Acorn Business Review a live broadcast screen recording that was widely circulated among the owner group.

In the video, in a live broadcast room called "Zhonghai Huanyu Tianxia...", some comments said that they were almost depressed when they bought a house in Huanyu Tianxia, and another comment raised some problems in the real estate.

However, at this time, a voice in the live broadcast room who did not show up laughed, "It's okay to let them brush and rush down the traffic! You should buy Evergrande's unfinished building, you only deserve to buy Evergrande's unfinished building!"

On January 23, "Acorn Business Review" called Zhonghai Huanyu Tianxia about this matter, but the staff hung up the phone as soon as they heard that it was a related incident of "Changsha Zhonghai Huanyu Tianxia", and then tried to dial but was always refused.

Mr. Tang said that at present, the owners are arguing with Changsha Zhonghai Huanyu Tianxia about "greening, the area of the entrance hall is missing two catties", "the top of the house is within reach" and other issues, and the two sides have communicated on January 19.

But the owners didn't expect that before waiting for the reply from the headquarters, they would first be "stabbed in the back" by the live broadcast room.

"Acorn Business Review" learned that Changsha Zhonghai Huanyu World is one of the projects of China Overseas Real Estate, a well-known real estate company.

It is worth noting that in addition to the live broadcast room, other projects of China Overseas Real Estate in Changsha are also facing the situation of insufficient actual housing area in the whole community, and some owners have sued the developer in court.

("Zhonghai Huanyu World" live broadcast screen recording)

01

The actual area of 1,802 owners is insufficient

Intentional or reasonable?

When purchasing a property, there may be certain slight differences between the floor area of the house agreed in the contract between the consumer and the developer (the "Contract Area") and the actual property area (the "Actual Area") that was finally registered on the property. But what if an entire neighborhood with all the houses exactly 0.6% less than the contracted area?

According to the "Xiaoxiang Morning News", recently, a civil lawsuit between Ms. Luo, the owner of a commercial house in the mountains of Zhonghailu in Changsha, and the developer was held in the People's Court of Wangcheng District, Changsha City, and the owners are still waiting for the results of the trial.

Ms. Luo said that the actual area of the house she purchased was 0.38 square meters less than the contract area, but because the error was stipulated in the contract, "the absolute value of the area error ratio is within 0.6% (including 0.6%)", so she could not get the corresponding check-out payment.

Another owner, Mr. Xiao, said that the actual area of the 1,802 owners in his community was less than the floor area, but the absolute value of the area difference was all within 0.6%, so the owners could not get a refund for the difference, which made them question the existence of standard clauses in the contract.

It is understood that the formula for calculating the area error ratio in the Sales Contract is the difference between the registered area of the property right and the area agreed in the contract divided by the area agreed in the contract, and then multiplied by 100%. If the absolute value of the area error ratio is greater than 0.6% and less than or equal to 3%, the house price will be refunded according to the unit price agreed by both parties.

"Acorn Business Review" noticed that a similar situation occurred not only in the Zhonghailu mountain area of Changsha.

Ms. Liu, the owner of Zhonghai Xingyue Mansion in Changhai, told Acorn Business Review, "The contract of our community was also written like that at the beginning, and the contract was rewritten after opposition and resistance from the owners. ”

Ms. Liu bought 11 buildings and more than 1,000 households, and although she was not a witness to the "standard terms" due to the late purchase time, the owners had taken the lead in negotiating with the developer before, "At that time, they listed 10 articles (terms), and only agreed to modify this one, and the buyers later changed to new contracts." ”

The new contract stipulates that if the absolute value of the area error ratio is less than 3% (including 3%), the unit price agreed by both parties shall be settled according to the facts, and the house price shall be refunded.

(New contract amendment clause provided by Ms. Liu)

According to public information, Changsha Zhonghailu Mountain, Changhai Zhonghai Xingyue Mansion and Changsha Zhonghai Huanyu Tianxia are all projects of China Overseas Real Estate, a well-known real estate developer.

02

Lawyer: It's more like an overlord clause

China Shipping may be suspected of fraud

So is it suspected of standard clauses in the commercial housing contract of Zhonghailu Mountain, where "if the absolute value of the area error ratio is within 0.6% (including 0.6%), the two parties will not make up the price of each other"?

In this regard, Liang Zhiqiang, director of Beijing Lianggao (Haikou) Law Firm, told Acorn Business Review that the contract is generally provided by the developer, and the buyer is generally not allowed to modify it. "If there is such a situation in the purchase contract of multiple buyers, or if the purchaser has communicated with the amendment but is rejected, it can be determined to constitute a standard contract. ”

It is worth noting that, in general, standard clauses are a very common phenomenon in real estate contracts, that is, they refer to clauses that will be reused and agreed upon by both parties. The above-mentioned "standard contract" is more akin to an overlord clause. Therefore, the lawyer argues that "in this case, an unfavorable interpretation should be made against the provider of the contract (i.e., the developer)." ”

(Relevant regulations of the Civil Code)

"The buyer can apply to the court to obtain the information on the entire real estate area of the building (or the entire real estate), if the error is more than 0.6% or less than 0.6%, and it is relatively messy and the total area is basically the same, this may be a construction error; Liang Zhiqiang said.

In addition, Liang Zhiqiang said that it is difficult to determine whether the area error ratio of 0.6% in the contract is a material interest, and there are indeed errors in the area measurement process. However, if, as stated by the owners, Ms. Luo and Mr. Xiao, "the actual area of the 1,802 owners in the community is less than the floor area", and the total area of the actual housing of the buyers is quite different from the total area under the contract, China Shipping may be suspected of fraud.

Regarding Ms. Luo's question of "whether the difference in decoration price should be refunded", Liang Zhiqiang said that the decoration money should be based on the property right area (actual area) of the real estate registration, and the difference should be refunded according to the principle of refund more and make up for less.