Important reminder of the China Consumers Association!You may have encountered ...

Author:Gansu daily Time:2022.09.22

The China Consumers Association reminds to prevent unfair clauses in the fields of commercial housing, leasing and other fields

Focusing on the unfair format clauses in the fields of commercial housing, leasing, decoration, property and other fields, the China Consumers Association issued a comment on the 21st to remind consumers to pay attention to prevention.

Some clauses are completely exempted from deposit liability. For example, "Before signing the formal pre -sale agreement, if the seller cannot be sold, the seller will not be subject to any agreement, and you only need to refund the deposit without having to add interest or compensation." This completely avoids the legal liability that the operator does not perform.

When the commodity housing sales contract does not match the content of the advertising promotion, some terms will "propagate as an invitation to invite" to avoid responsibility. For example, "The model house, promotional materials, real estate advertisements that the buyer saw at the scene were invited as an offer. Sales and publicity materials such as real estate models and model houses will affect consumers' purchase decisions. When the advertising and promotional data constituted by the sale of the house, even if the contract is not written, the developer should fulfill the relevant obligations.

Some terms abuse the scope of the application of force majeure, which is exempted from the extension of the house delivery. For example, "Design adjustment, climate change and other reasons, if the commercial house is delivered to the buyer's use in accordance with the time limit of the contract, the seller will not bear the liability for breach of contract." Design adjustment and climate change are not force majeure, but should be fully considered before construction. Factors, if the operator fails to submit the house on schedule due to design reasons, it shall be default and needs to be liable for breach of contract.

Consumers rent a house through intermediaries, and some clauses restrict consumers direct transactions with the owner of the house after the lease period expires. For example, "Within three months after the termination of the lease period, Party A (lessee) shall not be traded with the property right owner of the house, otherwise the 200%of the monthly rent of Party B (intermediary) shall be delivered to the monthly rent as compensation." In fact, after the termination of the lease period is terminated, consumers have the right to directly negotiate with the owner of the house to establish a lease contract again. The intermediary agencies have no right to restrict, and they have no right to request consumers to pay compensation, liquidated damages or compensation for losses.

During the decoration process, after quality problems are caused by construction, some or all original decoration materials are often demolished. Some clauses pass the material fee to consumers. For example, "During the decoration construction period belongs to Party A (consumer) purchases of the material construction by Party B (decoration company). The materials are responsible for the material cost. "This reduces the responsibility that the operator should bear and is an unfair format clause.

Some clauses are regarded as deposits or liquidated damages. When operators unilaterally stipulate that consumers do the contract, they will not refund the prepaid payment or pay the delivery of the goods as a default damage to the operator. In fact, prepaid is not a deposit in the concept of legal concepts, which increases consumer responsibilities and is an unfair format clause.

Property management areas include public facilities and venues in the community, green maintenance, garden pool fountains, and other water and electricity costs. They should be listed in the property management service fee, but some properties have allowed the owners to share additional extension in the contract terms. Other property companies charge the owners' parking spaces and management fees, but avoid civil liability in the contract terms. In fact, the property service enterprise shall provide corresponding services in accordance with the contract and failure to perform the contract agreement. If the owner's body and property security are damaged, they shall bear the corresponding legal responsibility in accordance with the law.