The China Consumers Association reminds: Pay attention to preventing the unfair format clause encountered in house purchase and decoration

What unfair formats will be encountered during the purchase and decoration? Recently, the Chinese Consumer Association focuses on the "Evil Consumer Cognitive and Care Consumers" Consumer Cognitive and Clues, focusing on the unfair format clauses in the fields of commercial housing, leasing, decoration, property and other fields. Essence

When buying a house, consumers will encounter terms such as "when the seller cannot fulfill its obligations, and completely exempts its own accounts for its deposit", such as: "Before the contract is signed," before the contract is signed, At the time of sale, the seller is not subject to any agreement, and only needs to refund the deposit instead of adding interest or compensation. "The China Consumers Association said that such clauses completely avoid the legal liabilities that the operator should bear not performing. In accordance with the law, when the party receiving the deposit does not fulfill the obligations stipulated in the contract, in addition to returning the deposit received from the payment party, the deposit of the same amount of deposit should be compensated to the payment party, that is, double the deposit.

Some consumers report that when buying a house, they will encounter the situation of inconsistent content of the commodity housing buying and selling contracts and the content of advertising, and developers will only be invited by the model houses, propaganda materials, real estate advertisements that they see at the scene as an invitation. As a basis for the seller's contract to the buyer's delivery of the house, the format of the content of this contract is based on the content of the contract.

According to the law, according to the law, if the content of commercial advertising and publicity meets the requirements of the offer, constituted a offer, and the developer does not have the right to unilaterally stipulate that advertisements and publicity materials such as advertising and publicity materials do not 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 consumers are leased in houses, they will encounter the format terms where intermediaries restrict the direct transaction of consumers and the owner of the house. 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. In this regard, the China Consumers Association pointed out that 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.

During the decoration process, after quality problems caused by construction, some or all original decoration materials need to be removed after the construction. If the projects constructed by Party B (decoration company), if there are quality problems due to the construction of Party B, Party B is responsible for the labor costs during the warranty period, and the materials are responsible for Party A. "In addition, some terms set the standards of liquidated damages too low and operate operations and operate operations. The cost of breach of contract is small; some terms will be considered a deposit or liquidated damage. When the operator unilaterally stipulates that consumers to terminate the contract, they will not refund the payment of prepaid or pay the delivery of the goods as a liquidated damage to the operator. The China Consumers Association stated that such clauses have aggravated consumer responsibilities and reduced the responsibilities that the operator should bear, which is an unfair format clause.

The property management area includes public facilities and venues in the community, greening and electricity costs such as greening and garden pool fountains. Civil liability for management obligations. Some properties allow the owners to share addition in the contract terms, and some property companies charge the owner's parking space and management fee, but avoid civil liability in the contract terms.

The China Consumers Association believes that property service companies should provide corresponding services in accordance with the contract and fail to fulfill the contract agreement. As a result, the safety of the owner and the security of property shall be damaged, and the corresponding legal liability shall be assumed in accordance with the law.

(Reporter Wang Haiyu)

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