Don't step on these "pit" when buying a house and decoration

House sales have reached "Golden Nine Silver Ten". What are the overlord clauses in the clause of the purchase contract? Yesterday, the Chinese Consumer Association invited the Consumer Cognitive and Clues Consumer Consumer Consumer Consumer Consumers' Consumer Cognitive and Clues Report recently issued by the Chinese Consumer Association. The top ten unfair format clauses in related fields are commented to remind consumers to do not step on these "pit".

The China Consumers Association stated that when buying a house, consumers will encounter such a type of overlord clause that the seller cannot fulfill its obligations, and completely exempts its own accounts. For example, it is indicated in the format clause that before the formal pre -sale agreement is signed, if the seller cannot be sold due to the fact that the seller cannot be sold, the seller is not subject to any agreement, and only needs to refund the deposit instead of adding interest or compensation. In response to this clause, the lawyer of the Lawyer Group of the China Consumers Association reminds consumers that in accordance with the law, the party who accepts the deposit does not fulfill the obligations stipulated in the contract, in addition to returning the deposit received from the payment party, they should also compensate the amount of the deposit to the payment party. Equal money, that is, double the deposit. The provisions of this format clause completely avoid the legal responsibilities that the operator does not perform the contract, and it is very unfair to the buyer and violates the provisions of the law.

When buying a house, consumers will encounter the situation where the commodity house trading contract does not match the content of the advertising promotion, and developers will use the model houses, propaganda materials, real estate advertisements that they see at the scene as an invitation to the offer. The basis for people to pay the house to the buyer's delivery house is based on the format terms of this contract. The lawyer of the China Consumers Association's lawyers commented on this. According to the law, if the content of commercial advertising and propaganda meets the requirements of the request, it constituted an offer. The developer does not have the right to unilaterally stipulate that advertising and publicity materials in the contract constitute the content of the contract. When the advertising and promotional data constituted an offer, even if the contract is not written, the developer should fulfill the relevant obligations.

When the house is leased, consumers will encounter the format of consumers and the owner of the house after the house lease expires. For example, when signing a housing lease contract, some intermediaries will marked that within three months after the termination of the lease expires, Party A (lessee) shall not be traded with the property rights of the house, otherwise Party B (intermediary (intermediary agency (intermediary agency (intermediary agency Institutions) 200%of the monthly rent is compensated. Lawyers of the Lawyer Group of the China Consumers Association said that consumers have established a lease contract through the intermediary agency with the owner of the house. The opportunity to conclude a contract provided by the intermediary or the media service provided by the contract has been paid in accordance with contract payments, and the contractual purpose of the intermediary agency's contract for the contract for the intermediary agency Already realized. 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 it, and they have no right to require consumers to pay for compensation, liquidated damages or compensation for losses.

In addition, consumers will encounter the format terms that the property company collects management fees but does not bear the incompetent civil liability of management obligations. For example, consumers often see such format clauses. Property service companies have only referring to the management of vehicle driving and parking order under this agreement. If the damage, loss, the stolen property of property, or the incident of personal casualties shall bear criminal or civil liability for the responsible party, and the property service enterprise shall not bear the responsibility. The lawyer of the China Consumers Association's lawyers commented on this, and the property service enterprise charged the owner's parking space fee, and the legal or agreed reasonable management obligations should be fulfilled. This clause stipulates that property service companies have no reasonable responsibilities for property loss, loss of property such as vehicles in the property management area, the stolen property of property, or personal casualties, which belongs to the exemption of their own responsibilities and legal obligations.

In addition, the China Consumers Association also enjoys the right to explain the seller, eliminates the right of the other party, and exempts its own responsibilities; expands the scope of force majeure applicable to exempt the house exemption; there are problems with the decoration construction, and the material fee is passed on to consumers; the setting of liquidated damages; If the standard is too low, the operator's default cost is small; the prepaid payment is considered as a deposit or a liquidated damage, and the consumer responsibility is not refunded when the contract is lifted, and the consumer responsibility is increased; Wait for the overlord clauses to comment.

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