The price of 1.5 million houses in Huayuan Hai Blue City, Lizhou, has only 920,000 online price and 580,000 worse prices?

"Supplementary Agreement" signed by developers and owners. Interviewee confidence

Reporter Yu Lili Li Beibei Beijing reported

Recently, some owners reported to the reporter of the Huaxia Times that the price of the "Huayuan Haihai Blue City" project is different from the filing price. The buyer spent 1.5 million to buy a house. The filing price is more than 1/3.

A reporter from the Huaxia Times found that developers signed the "Supplementary Agreement" and reflected the difference between the online signing and the price in the name of "increasing house prices". Huayuan Real Estate explained in an interview with the reporter of Huaxia Times: "The Shengzhou Construction Committee did not look at the supplementary agreement during the online signing, so the online signing price will be inconsistent with the actual purchase price."

Should the owners be returned to the owner when the price exceeds the filing price? Peng Yanjun, a well -known lawyer in Beijing, said that "may not be". The price section of the Lizhou Market Supervision and Administration Bureau stated that because of the "clear price", it had punished the sales of the sales and ordered the rectification, but the "supplementary agreement" was still valid.

The staff of the price department also told the reporter of the Huaxia Times that in addition to the Huayuan Hailan City project, there are also several other project prices higher than the filing price. Previously, there were civilian litigation of owners, but from the results of historical cases, the result of the judgment of historical cases Looking at, the owners' requests have been rejected.

The price is higher than 1/3 of the filing price

At the beginning of 2020, Mei Xi (pseudonym) spent about 1.5 million to buy a new house for refined decoration for a set of refined houses in Hebei "Lizhou Huayuanhai Lan and Light District" (Huayuan Huayuan Hai Blue City). A few months later, when the online signing procedures for the new house, Mei Xi suddenly discovered that the total record price of the new house they purchased was only 920,000. Mei Xi wondered, why did the online signing price and actual purchase price so different? What was the "absence" 580,000?

According to Mei Xi, the new house she purchased was about 16,500 yuan/square meter, but during the online signing, she suddenly discovered that the house was only 10,000 yuan/square meter. Mei Xi told reporters that the situation of many owners is the same. The actual purchase price is a lot higher than the online signing price.

Why does this happen?

Public information shows that Huayuan Hailan City is a 70 -year -old residence of property rights, about 900 meters away from the East Station of Puzhou High -speed Railway. The developer is Shengfeng and Huahua Real Estate Development Co., Ltd., which is wholly -owned by Beijing Huayuan Real Estate Co., Ltd., which is wholly -owned by Huayuan Real Estate Co., Ltd. (hereinafter referred to as "Huayuan Real Estate").

"Huaxia Times" reporter from the "Commodity House Sale (Pre -sale) Supplementary Agreement" signed by Mei Xi and developers (hereinafter referred to as the "Supplementary Agreement") learned that in the first half of 2020, Mei Xihe handled the "" The online signing procedures for the purchase and sale of commercial housing and the supplementary agreement, the housing price stipulated in the sales contract is 920,000.

It is worth noting that the "Supplementary Agreement" also mentioned that the two parties reached the following agreement: the total amount of house prices agreed in the sales contract changed to about 1.5 million, of which the amount of "increased house prices" was about 580,000.

Mei Xi said that in addition to signing the "Supplementary Agreement for Commercial Housing Sale (Pre -sale)" and online signing contracts, a "order" has been signed before, which has paid 50,000 yuan in deposits. In addition, I have not signed other other signed other. protocol.

According to a house price that Mei Xi shown to the reporter of the Huaxia Times during the purchase of a house, it can be seen that the total price of the house purchased by Mei Xi is more than 17 million, more than 16 million after the discount, and in the discount on the discount. On the basis of, the new house hit another 9.1 % off, with a total price of about 1.5 million after discount.

The reporter noticed that in the handwriting details, the word "premium" appeared, with a "premium" part of about 580,000. Based on this, the "premium" is the "increasing house price" in the "Supplementary Agreement", which is also the 580,000 absence of the online contract.

Regarding this incident, Huayuan Real Estate said in an interview with the China Times reporter: "Our company signed the" Commodity House Sale Contract "and supplementary agreement. In effect, the owner recognizes the total price of the house to buy the house. However, the Shengzhou Construction Committee does not look at the supplementary agreement during the online signing, so the online signing price will be inconsistent with the actual purchase price. "

The mysteries of "Supplementary Agreement"

Why should I sign a "Supplement Agreement" that the Construction Commission cannot see?

The Law Enforcement Section of the Langzhou Housing and Construction Bureau told the reporter of "Huaxia Times", "This matter is actually not belonged to the management of the Housing and Urban Construction Bureau, it should be the answer to the Market Administration. The expression, but the company also has problems, is to avoid the filing price. "

The price is far exceeding the filing price, is it compliant? The staff of the Price Section of the Lizhou Market Administration told the reporter of the Huaxia Times, "This should consult the Housing and Urban Construction Bureau." The staff also said, " Law effect, buyers with objections can also be resolved through civil lawsuits. "

The staff of the Price Department of the Lizhou Market Supervision and Administration also analyzed, "From the perspective of the Market Administration, the filing price is not in the pricing catalog of Hebei Province. (Because) exceeding the filing price, we have no relevant legal basis. "

Mei Xi, a home buyer, said that he would defend his rights through legal channels, and how the probability of Mei Xi to win the lawsuit? The reporter from Huaxia Times learned from the Price Department of the Yinzhou Market Administration that in history, the owner's request was mostly rejected by the court.

In addition, according to the staff of the Price Section of the Lizhou Market Administration, the price of the record price exceeds the filing price. The staff member said, "The owners of other projects also adopt civil lawsuits, as well as the owner's lawsuit to the provincial high court of (Hebei), but several judgments show that the court mostly rejected the request of the owner. Power, both parties are expressed in true meaning. "In the eyes of buyers, the part of the price of the developer should be refunded. So, what is the point of view of the legal person?

"Huaxia Times" reporter noticed that in May 2020, Wang Shude, a lawyer of Beijing Xinnuo Law Firm, made a clear attitude to the developer's record price to sell the house. Wang Shude said that some people think that the price of commercial housing is a market adjustment price. It is wrong to develop how much to sell. This is wrong.

Wang Shude analyzed that the price of commercial housing does belong to the market adjustment price, but the market adjustment price and the price of commercial housing are also subject to constraints. Among them, the price law stipulates that the price must be "clearly marked." At the same time, the National Development and Reform Commission explained the "clear price price": the price of commercial housing must be consistent with the filing price, otherwise it is a price violation. Developers should return the more houses that have been collected.

On July 6, Wang Shude further explained in an interview with the reporter of the Huaxia Times that "the legal provisions and trial practice are disconnected, but the sales price of commercial housing is a price illegal, and the legal basis is very clear."

On July 6, the well -known lawyer Peng Yanjun told the reporter of the Huaxia Times that whether the "Supplementary Agreement" signed by the two parties is valid, and whether the developer must retire whether the price is higher than the filing price, it is necessary to analyze the specific situation. The "Price Law" is a law that manages the "market price", and it is not the basis for directly determining whether the "Supplementary Agreement" is effective. In fact, whether the act of selling a house for the filing price is a compulsory provision that violates the law and is still controversial in practice. In practice, although the price is far exceeding the filing price, if the true meaning of the two parties in the transaction has been fulfilled, in this case, the buyer's "request for refund" may not be supported by the court.

The price department of the Lizhou Market Administration said, "The penalty has been punished, and the punishment is (Huayuan ∙ ∙ 涿) does not have a clear price." But the specific penalty amount, the staff member did not inform. The reporter's name of the developer through the relevant administrative penalty website has no results. Another staff member of the Price Section of the Lizhou Market Administration revealed that "the sales office is punished, not a developer."

What is "increasing house prices"?

Initially, Mei Xi speculated that the so -called "increasing house price" may be the cost of decoration of developers because the house she purchased was refined decoration. But carefully, Mei Xi thought it was not logical. The decoration unit price reached 6,500 yuan/square meter, and even exceeded 60 % of the online signing unit price, which was too high.

According to Mei Xi, many owners have found a variety of ways to coordinate with developers, and she will collect the house next month. So, will developers "make up" to the owner by upgrading the decoration? To what extent can it be made up? This problem cannot be determined at present.

The first phase of new houses purchased by Mei Xi was refined, but according to Mei Xi, the online signing contract did not indicate that the house was refined. In addition, Mei Xi said that the new house currently sold in the second phase is a rough house with a price of about 10,000 yuan/square meter.

In an interview with the reporter of Huaxia Times, Huayuan Real Estate said that the Huayuan Huayuan Hailan City project in Puzhou was divided into two plots and developed in two phases. The first phase of 1,638 commercial housing, the second phase of 1,818 commercial houses. All buildings on sale have obtained a pre -sale permit for commercial housing, and the five certificates are complete, all in normal sales. At present, the main types of the main push are 116㎡ and 93㎡ units, with an average price of 10244 yuan/㎡.

Relevant salesperson of Huayuan Hailan City revealed that the reason for the first phase of Huayuan Hailan City is because the price of land acquisition is relatively high. In addition, the first phase is also renovated. The Law Enforcement Department of Lizhou Housing and Urban Construction Bureau also stated that the development of the developer's first phase of the land price was higher.

Mei Xi said that he always wanted to understand what the 580,000 yuan was, and he tried to consult the salesperson of Huayuan Hailan City many times. However, the other party never explained in detail. But in mid -April this year, the developer made a written explanation of the owner.

According to the developer's explanation: Regarding the "premium", there is no legal basis for refund. In addition, it also stated that due to market factors, subsequent sales houses do not have hardcover conditions.

Editor -in -chief: Zhang Bei Editor: Zhang Yuning

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