"Buying a house also encountered a 'bundled' sale!" Recently, Mr. Guo, a citizen of Xianyang, reported to Huashang Daily-Ersanli Information that after being optimistic about the room type in Xianyang Happy Home Community, he was told by the sales staff that he needed to sign a decoration reservation contract and pay a deposit of 20,000 yuan before he could buy it.
Mr. Guo's purchase of commercial housing is located in Xianyang City, Qindu District, Happy Home Community, the community was completed in 2011, in August 2021, he and a number of friends and relatives took a fancy to the community of two bedrooms, one bathroom and one living room, "At that time, the salesperson Xiao Zhao said that if I signed a reservation contract and paid a deposit of 20,000 yuan, I could choose a good house type, and the follow-up decoration can continue to be deducted and used, so I was moved!" Mr. Guo recalled, "On the afternoon of August 24, I went to sign the "Happy Home Centralized Decoration Service Center Reservation Contract". ”
The reporter of Huashang Daily saw on the contract provided by Mr. Guo that the company signed and stamped in the lower right corner was Shaanxi Tianze Jinxuan Construction Engineering Co., Ltd. (Happy Home Project Department)
"At that time, I thought that not only could I choose a good house type, but I could also save a lot of trouble in decoration, but it seems that it is not satisfactory at present." Mr. Guo told reporters that after inquiring with the owners of the same community, he learned that some owners who had booked centralized decoration regretted half of the decoration. For this reason, he was very uneasy and asked to cancel the reservation contract and return the deposit.
On whether to buy a house "bundled" decoration, the reporter randomly asked several owners in the community, one of the owners, Ms. Wu, said: "If you don't sign a decoration reservation contract, the house can't be bought, and a building is a decoration style, which is unreasonable." ”
Subsequently, the reporter came to the Happy Home Marketing Center, and the staff surnamed Zhao said that there was no commitment to buy a house between him and Mr. Guo, and he went to the decoration company for any problems.
Manager Zhao of Shaanxi Tianze Jinxuan Construction Engineering Co., Ltd. (Happy Home Project Department) said: "The deposit of 20,000 yuan cannot be refunded, and Mr. Guo can buy the 16th floor when he buys a house (Manager Zhao said that it is the best floor and location) and his deposit is related to a certain relationship." At present, nearly 80 households in the community have been renovated, and if Mr. Guo chooses to continue the decoration, he can deduct 20,000 yuan from the total amount of decoration.
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that there are usually two situations for bundling decoration when buying a house: one is to directly sign a decoration contract with the developer, but this form has been gradually eliminated in practice because the "bundling" form is too obvious; The other is to sign a separate renovation contract with a third-party renovation company. This incident falls into the latter category.
Zhao Liangshan suggested that if the owner is really unwilling to bundle the decoration and wants a rough house, he can negotiate with the developer or the decoration company to terminate the bundled decoration service contract amicably before the decoration, and the owner can ask for an appropriate reduction in liquidated damages and return the corresponding deposit. If there is a dispute between the two parties on the liquidated damages or the amount of the deposit, they can file a lawsuit with the court, and the court will appropriately reduce the liquidated damages and thus refund the corresponding deposit. At the same time, the owner can report or complain to the housing management administrative department for the developer's violation of selling the house for bundling and decoration, and the housing management administrative department will investigate and deal with it in accordance with laws and regulations.
Huashang Daily reporter Wei Xiaoning editor Yang Yuting