Reporter: Xie Yiguan
On the 2nd, the China Consumer Association released an analysis of the complaints accepted by the National Consumer Association in the third quarter of 2021. The report shows that commercial housing consumption disputes have become a hot spot of complaints, involving housing quality, housing prices, sales publicity, contract performance and other fields.
Infographic: Cracking of the roof.
The quality of the house hides mysteries, and it is impossible to prevent it
According to the China Consumer Association, in terms of housing quality, the main problems of consumer complaints are: first, the quality of the house is poor, the wall and ceiling are cracked, the foundation sinks, the roof leaks and seeps, the pipeline leaks, etc.; the second is that the fine decoration of the house hides mysteries, such as untruthful materials, high-end publicity, low-standard configuration, rough technology, poor quality, etc.; third, the hidden project cuts corners, uses defective materials, etc.; fourth, the layout of hydropower pipelines is not standardized, and the use of unqualified and inferior materials is used; fifth, the quality of the house is not repaired in time or the quality of maintenance is poor.
According to the China Consumer Association, according to relevant regulations, when the quality of the main structure of the house is unqualified and serious quality problems affect the consumer's residence, the consumer can request the termination of the contract and claim the developer to compensate for the loss. When the house has non-serious quality problems such as water leakage and empty drums, the developer shall bear the warranty obligation and bear the liability for other losses caused during the warranty period.
The price is increased, and the price of the sale is raised in disguise
In terms of housing prices, the report shows that the main problems of consumer complaints are: first, buying a house is required to buy decoration packages, upgrade packages and other costs, disguised to increase the house price; the second is to arbitrarily charge extra-house fees, such as group purchase fees, numbering fees, renovation fees, account opening fees, etc.; third, confusion deposits, deposits, intentions, etc.
"In the sale and purchase of commercial housing, developers often collect consumer fees in advance in various names such as pledge funds, sincerity funds, and numbering fees, and then convert them into deposits through contracts, limiting consumers' right to terminate contracts and causing consumer rights and interests to suffer damage." The China Consumer Association said that consumers should pay attention to the relevant bills and contract contents to prevent changes in the name of payment.
Concealment and exaggeration, illegal inducement of home buyers
In terms of sales publicity, the report shows that the main problems of consumer complaints are: first, concealing the nature of the house, illegally inducing consumer transactions, such as concealing the situation of restricted houses, the property rights of apartment houses, etc.; second, making false publicity and false promises in the form of pictures and texts, on-site displays, verbal promises, etc.; third, inducing consumers who do not have the conditions to buy houses in the name of assisting in handling loans; fourth, concealing important unfavorable factors and not fully fulfilling the obligation to inform; fifth, exaggerating the favorable conditions for publicizing houses, inducing transactions, such as school district houses, Traffic conditions, etc.
In the view of the China Consumer Association, consumers have the right to know the true situation of the house they have purchased, including the house itself, supporting facilities and surrounding planning. For housing transactions, consumers should make reasonable arrangements in combination with their own credit conditions, and if they do not meet the credit conditions, they must not trust the developer's or intermediary's commitment to assist in successfully handling loans.
Infographic: Residential complex. Photo by Lu Ming, reporter of China News Service
Fancy breach of contract, refusal of responsibility for various reasons
In terms of contract performance, the report pointed out that the main problems of consumer complaints are: First, the delivered houses are inconsistent with the model houses and the promotion of building books. For example, the height of the house has become lower and lower, and there are more beams; second, the housing area has shrunk, which is inconsistent with the area agreed in the contract; third, the developer has delayed the delivery of the house and refused to bear the liability for breach of contract; fourth, after the house is handed over, it cannot assist the owner to handle the transfer in time; fifth, the green belt, fitness area, etc. have not been delivered with the house or changed to other uses; sixth, the use of supplementary agreements, special agreements and other ways to promote unfair standard terms.
The China Consumer Association believes that developers are on the strong side relative to consumers. Some developers use deposits and other methods to fix consumers first, and then force consumers to accept unfair standard terms unilaterally formulated by them through supplementary agreements and other "bypass" model contracts, excluding and restricting consumer rights, increasing consumer responsibilities, reducing and exempting business operators, consumers either accept unfair terms or lose deposits, and are caught in a dilemma, which should be severely sanctioned.
Housing agents, fish and dragons should beware
In terms of housing intermediaries, the report shows that the main problems of consumer complaints are: first, some housing agents cheat, such as publishing false housing information, concealing the real situation of the house, etc.; second, there is the phenomenon of arbitrary charging, such as charging agency fees and bank loan fees without the consent of consumers; third, some housing intermediaries operate in violation of the law, such as leaking the personal information of buyers and sellers, and doing capital supervision for buyers on behalf of banks; fourth, some intermediary companies and staff confuse the concepts of online signature filing, online signature intermediary, mortgage, etc., to mislead buyers Fifth, the use of standard terms to infringe on the legitimate rights and interests of consumers or failure to perform in accordance with the content of the contract.
In this regard, the China Consumer Association pointed out that before signing the real estate brokerage service contract, the real estate brokerage agency and the broker should truthfully explain the relevant contents of the real estate brokerage service contract and the housing sale contract to the client, and truthfully inform the rights and obligations of all parties. Real estate brokerage agencies and brokers who fail to fulfill their due diligence obligations shall be liable for damages caused by consumers.
Original title: "Have you ever encountered the bad thing about buying a house?" The China Consumer Association teaches you how to "avoid the pit""
Source: China News Service