What about this?The new house purchased by a citizen of Jinan "out of thin air" has three more walls, and the home company does not reply ... the court sentenced

Shandong Business Daily · Sudao News reporter Wang Xiaodi correspondent Zhao Hongbin He Jianghao

If the developer is delivered to a house with a serious and inconsistent contract with the contract, can buyers ask for the termination of the contract?

Jinan Municipal People's Jiangfeng (pseudonym) encountered such a tricky thing. The newly bought houses "out of thin air" have three more load -bearing walls, and they are scattered and scattered. Without fruit, he had to sue the other party to court.

There are three more walls in the new house

In 2019, Jiang Feng, who came to Jinan for many years, was going to buy a house of his own. As a buyer, after looking for a few real estate, he decided to sign a "Commodity House Sale Contract" with a real estate company, agreed that Jiang Feng purchased a real estate commercial house developed by a real estate company for 2.1 million yuan, and then Jiang Feng paid all the house purchases. The models have been handled by the house transfer procedures.

On the day of the house delivery, Jiang Feng walked into the new house with joy, but found that the house in front of him was different from what he thought before. Compared with the contract, there are three more walls inside the house, and the indoor segmentation is divided into several decentralized spaces vary. Jiang Feng said that there are five attachments with the contract. In the plane map of Attachment 1, the case involved in the house shows the surrounding walls of the house and the wall of the internal toilet. There are no other walls inside. It also involves part of the signature of the house in this plane.

"This is a home, more like an irregular grid," Jiang Feng thought about it, and the more he felt that the matter should be discussed. It is convenient for the real estate company to issue a notice to the real estate company in 2020, and the real estate company did not reply. The "Supplementary Agreement" in the contract attachment stated that there may be structural beams and open tubes in the indoor ceiling of the house; there are structural columns or shear walls, beams, and wall sleeves in the room ... The house is prevailing.

Since the incident has not been properly resolved, Jiang Feng then filed a civil lawsuit to the Huaiyin Court, requesting to confirm the release of the house sale and selling contract signed with the Real Estate Company in accordance with the law, and ordered the home company to return the house purchase and interest.

Two different "apartment maps"

There are differences between the houses delivered and the contract agreed. Jiang Feng wants to relieve the housing buying and selling contract. Can the court support this matter? Invoicing the judge said that the focus of the controversy in this case was whether Jiang Feng and the Real Estate Company signed the "Commodity House Sale Contract" to clearly know the actual units of the house.

After investigation, there was no signature of Jiang Feng himself in the "Real Estate Shop for Merchant Panels" submitted by a real estate company, and Jiang Feng also said that there were indeed no three walls in the apartment diagram that had been seen before, and the document had not been seen.

Real Estate Corporation argued that Jiang Feng had understood the units of the house before purchasing the house involved in the case and the signing of the contract, and the "Supplementary Agreement" also stated that there were structural columns or cutting walls in the room. The content of the request rejected Jiang Feng's claim.

The Huaiyin Court believes that the "Commodity House Sales Contract" signed by the two parties is the main carrier of the two parties to make offers, commitments, and eventually reaching the main carrier of the house involved in the buying and selling cases. The contract signed by the two parties is the pre -sale contract of commercial housing. The house purchased by Jiang Feng is a housing. When the contract is signed, the house has not been built. Jiang Feng cannot understand the actual situation of the house through the status of the house. Essence Therefore, it should be determined whether Jiang Feng has clearly knew whether the house structure of the house was involved in the house, and it should be mainly based on commercial housing buying and selling contracts.

In summary, the court believes that the real estate company advocates that Jiang Feng has fully understood the actual units of the house when buying a house. Therefore, it should be determined that Jiang Feng does not know the actual units of the house when the house involved in the house, that is, there are three load -bearing walls inside the house.

The undertaking judge said that the three walls in the house divide the house space into several scattered spaces of different sizes, and the availability is poor if it is used separately. Essence And these three walls are still load -bearing walls, and the actual units of the house cannot be changed by demolition and other methods. This has made major changes in the case of the housing apartment, layout, etc. with the contract. The use of houses is seriously inconsistent and cannot achieve its contractual purpose. Therefore, Jiang Feng enjoys the right to terminate the contract.

The court supports the termination of the contract

The evidence provided by the Real Estate Company could not confirm that Jiang Feng clearly understood the actual situation of the apartment when buying a house. The court believed that Jiang Feng had the right to terminate the sales contract. Regarding the time of the termination of the contract, the undertaking judge learned that Jiang Feng had issued a notice to the real estate company in November 2020. After receiving the company the next day, the real estate company did not raise objections to the termination of the contract and requested the people's court or arbitration agency to confirm the termination of the termination In accordance with Article 96 of the Law of the Law of the Law of the Law, the contract shall be confirmed that Jiang Feng and the Real Estate Corporation shall be signed by the real estate house to the real estate company and the real estate company shall be canceled on the day when the real estate company receives the notice. Jiang Feng advocated that the Real Estate Company refunded the 2.1 million yuan and interest of his house. At the same time, because Jiang Feng has completed the house collection procedures to receive the house, he should also refund the house involved to a real estate company.

In the end, Huaiyin Court ruled: Jiang Feng and the Real Estate Company's "Commercial House Sale Contract" were terminated; the real estate company refunded 2.1 million yuan in Jiangfeng's housing model; Jiang Feng refunded the real estate company's case involved in commercial housing; the real estate company compensated Jiang Feng's interest losses.After the verdict, the real estate company appealed, but did not pay the appeal fee.The Jinan Intermediate People's Court made a civil ruling: The case was automatically withdrawn the appeal according to the real estate company.In order to avoid similar disputes in the trading of commercial houses, developers should abide by the principles of integrity and fulfill their obligations.Buyers should be careful to decide the contract after comprehensively understanding the situation of the house. If they find that the house is inconsistent with the contract, it should be preserved and actively safeguarded their legitimate rights and interests.

Shandong Commercial Daily · Sudao News Network Editor Zhang Lei Xue Xun Wang Zhizheng

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