The survey shows that 66.7% of 2020 graduates have plans to buy a house, and 93.7% hope to buy a house before the age of 35
The real estate trading market serial routines make young people step on the pit frequently
Two years after graduation, Song Tian, a girl from Lanzhou, Gansu, who has been renting a house, suddenly realized the importance of owning a personal house. During the epidemic, she heard that her friend was suddenly driven away by the landlord, and she was repeatedly investigated by the community because of her status as a "tenant". The post-90s girl began to equate "house" with "sense of security."
Like Song Tian, in this public health emergency, many young people's views on buying a house have changed. Not long ago, the Shell Research Institute released the "2020 New Residential Consumption Insights Report", which showed that after a long “home model”, people have a deeper experience and understanding of the quality of the living environment. 45.7% of people hope that within one year Improve living conditions. Among those in need, 55.4% have plans to buy a house, and 29.9% of them even plan to accelerate the process of buying a house.
In June this year, 58.com and Anjuke released the "Research Report on Graduates' Housing Industry in 2020", which showed that 66.7% of graduates have plans to buy a house, and 93.7% of graduates hope to buy a house before the age of 35. The goal of graduates to buy a house is "resolute."
However, because young people are impulsive and lack knowledge about real estate transactions, many people encounter intermediaries or developers' serial routines when buying houses. Some young people originally bought houses to pursue a sense of security, but in the end they lost their sense of security.
Blindly trusting the intermediary was led by the nose
After resuming work and production, Song Tian commissioned an intermediary company in Lanzhou to find small second-hand houses. In the beginning, Hu Xiaojun, the agent in charge of receiving Song Tian, was extremely enthusiastic. On his recommendation, Song Tian went to see a set of "shrinked houses" with an area of about 60 square meters (which are located in the city center, with a low down payment, and an area of about 60 square meters (referring to a commercial house whose actual use area is larger than the area of the property certificate).
The next day, under Hu Xiaojun's persuasion, Song Tian unilaterally signed a house purchase (intermediation) agreement without checking the real estate certificate, and paid 10,000 yuan for the "acquisition fee." Hu Xiaojun verbally promised that if the price exceeds Song Tian's psychological expectations, he will refund the 10,000 yuan, "The contract can only be signed by one party and will not count."
Hu Xiaojun claimed to be Song Tian’s fellow. During the previous house inspection, he proactively pointed out that there was a dispute over the property rights of a house, which won Song Tian’s trust. Song Tian did not read the contract carefully, and under Hu Xiaojun's guidance, she signed and pressed her fingerprints with confidence.
On the weekend, Song Tian asked a friend to help with the house inspection. A friend with construction experience found that the area of the house was less than 50 square meters.
Feeling deceived, Song Tian decided to suspend the transaction, but Hu Xiaojun told her that the landlord had signed an agreement before, and Song Tian would unilaterally breach the contract if he did not buy it, and 10,000 yuan would not be refunded, and suggested Song Tian to take a look at her hand. Bills for payment. At this time, Song Tian discovered that the "acquisition fee" originally promised verbally had turned into a "deposit" on the receipt.
After a whole day of "tug-of-war". Hu Xiaojun and the store manager finally stated that the total intermediary fee can be reduced by 2,000 yuan, and the loan agency fee will be reduced from 2% of the previous total loan to 1%, and all service fees will be settled on the day of transfer.
Due to a strong desire to buy a house, at the suggestion of a lawyer, Song Tian asked Hu Xiaojun to fill in a letter of guarantee, a letter of attorney, and affixed the special seal of the intermediary company contract, indicating that Hu Xiaojun and his colleagues had not been fully confirmed by Song Tian. There are doubts about prompting the landlord to sign a contract.
Unexpectedly, "routines" are still emerging in endlessly. When Song Tian paid the down payment, Hu Xiaojun deliberately miscalculated the account, causing Song Tian to pay an extra 10,000 yuan. During the quarrel, the store manager said that the money was a "guarantee", and the extra part would be refunded after the intermediary commission was settled later.
After finishing the loan procedures, Song Tian hopes to transfer the account as soon as possible. Hu Xiaojun sent a "commitment letter", suggesting that Song Tian sign an online contract based on the loan amount. "The total price of the house is nearly 600,000 yuan, and the loan is less than 200,000 yuan. The deed tax is charged at 1%, which can save more than 3,000 yuan. tax".
When it comes to integrity issues, Song Tian rejected this suggestion. However, on the day of the transfer, after all service charges were settled, Hu Xiaojun took the landlord away. At this time, the staff of the taxation department told Song Tian that both the buyer and the seller were required to pay taxes.
"To solve the problem, go to the store to sign a letter of commitment." Hu Xiaojun's answer on the phone again made Song Tian feel cold. In a fit of anger, she complained to various departments about the bad practices of the intermediary, and even angered the landlord on the phone. The landlord told Song Tian that he had no experience in selling a house, and had followed Hu Xiaojun's suggestion to hand over the tax to the intermediary company. The reference standard was an appraised price of more than 400,000 yuan.
"A house has a loan amount, an estimated price, and a transaction price. There are also different'signing methods' for signing a contract. The intermediary company makes the difference in the name of'for you'." Song Tian was a little angry. After the incident, she learned that the 1% reduction of loan agency fees is not an apology at all. During the epidemic, many intermediary companies in Lanzhou charged at the rate of 1%, and even some companies did not have this fee.
Zhao Cong, a lawyer at Beijing Zhongwen Law Firm with many years of experience, said that young people are easily impulsive when buying a house. They have not yet understood the property rights of the house and decided to buy a house without clarifying the basic procedures of the property rights transaction. This has caused some young people to buy a house blindly. The intermediary led the nose.
For some intermediary companies that deliberately conceal some facts that may affect the transaction from their clients in order to facilitate transactions, Zhao Cong believes that "this kind of behavior is dishonest, illegal and violating regulations." According to Article 425 of the Contract Law, “The intermediary shall truthfully report to the client on matters related to the conclusion of the contract. If the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information that harms the interests of the client, he shall not demand payment of remuneration. And should be liable for damages".
The law can't match a rule
Like Song Tian, Wang Yun, a girl from Inner Mongolia who has just graduated, has recently had a dispute with an agency over buying a second-hand house.
In order to see more listings, Wang Yun contacted two intermediary companies at the same time. One of the intermediary companies is small in scale and has low fees. The staff member Li Ming told Wang Yun: “You can find another company to see the house first. They have a lot of houses. They will come to me when they are optimistic. They only charge 1% of the intermediary fee.”
Another intermediary company charges high fees, but the staff Liu Ping is serious and took Wang Yun to see many houses for days. In the end, Wang Yun finalized a house recommended by both intermediaries. Taking into account the later guarantee, Wang Yun prefers to sign a contract with Liu Ping. After the two parties negotiated, Liu Ping also reduced the intermediary fee from 2.2% to 1%.
The day after the house was settled, Li Ming sent a few more pictures of the house, and Wang Yun kindly told him: "The house is set, thank you." After learning that the house had been viewed with Wang Yun, Li Ming asked Wang Yun paid the intermediary fee, claiming that "I took you to see the room and made a video, this is evidence of our rights protection", and sent a number of WeChat accounts to reprimand Wang Yun "Where is his conscience" and "I met someone who is not careful." However, Wang Yun believed that it was his right to cooperate with an intermediary. After many disputes, Li Ming found that he had no hope for money, so he did not continue to struggle.
In this regard, Feng Ting, a lawyer at Inner Mongolia Qingsheng Law Firm, stated that Wang Yun does not need to pay Li Ming's agency fees. Feng Ting introduced that intermediary companies have the right to sign agreements with customers in advance, stipulating that no matter how the transaction is completed afterwards, they need to pay intermediary fees. However, due to the current chaotic and fierce competition in the intermediary market, almost no intermediary companies have signed such agreements with customers in advance.
Although he was wronged, the house has been successfully transferred, and Wang Yun's mood is quite calm. However, when he checked a tax invoice afterwards, Wang Yun realized that he had been cheated. On the day of the transfer, Liu Ping took Wang Yun to pay two taxes, one tax and a deed tax, totaling more than 20,000 yuan. Among them, the name of the individual income tax invoice named "Property Transfer Income" is the name of the seller, which means The individual tax should be paid by the seller, not Wang Yun.
"Should the individual tax be paid by the seller?" Faced with Wang Yun's questioning, Liu Ping's rule of "the entire Hohhot’s expense is paid by the buyer" made Wang Yun feel helpless.
After consulting the lawyer, Wang Yun learned that according to the tax law, the individual income tax generated during the real estate transaction should be paid by the seller. This is an obligation that the homeowner must bear after selling the house to make a profit. “Unless the buyer voluntarily helps the homeowner to bear the personal income tax The tax part, otherwise it should be borne by the seller."
"It takes a lot of time and cost" is the main reason why young people are unwilling to defend their rights. "Involving personal and property safety" and "traditional thinking of peace as the most important" have become their reasons for fear of defending their rights. Even after complaining, it is "difficult to obtain evidence." "Lack of professional knowledge" will also discourage them who have less social experience.
"The absolute individual is absolutely weak." In the eyes of Li Lianyuan, an independent real estate commentator and expert on second-hand housing issues with hundreds of thousands of fans on Weibo, second-hand housing is not a unified contract like newly built commercial housing. "Strictly speaking, you are deceived. It is not a group but an individual. It will not cause widespread concern in society, so it is relatively troublesome to solve."
Helpless Overlord Clause
Second-hand houses are easy to "go wrong", and buying a new house is not foolproof. During the "May 1st" period this year, Zhao Xin and her fiance took advantage of the preferential house price and paid a deposit for a new house in Liwan District, Guangzhou. Afterwards, Zhao Xin discovered that she had been "brainwashed" by the sales department. Once the deposit was paid, she would step into the "trap" set by the developer.
After paying the deposit, the sales department asked Zhao Xin to sign the "subscription form". Zhao Xin found that the "subscription form" stated that for whatever reason, it was the buyer's responsibility that the official contract could not be signed, and the developer did not pay the deposit. Retire, the house will be sold separately. Zhao Xin raised an objection, and the sales consultant told Zhao Xin that there was no need to worry, that the formal contract was hanging in the lobby and was filed with the Housing Management Bureau, which was absolutely compliant and legal.
On the day of signing the official contract, the sales consultant presented a thick contract with a number of supplementary clauses densely written in it. Zhao Xin found that the supplementary clauses were inconsistent with the original official contract. For example, if the developer delivers the house overdue, the original contract stipulates that the developer should pay the buyer 0.05% of the total house price every day. The supplementary clause is changed to "0.01% of the total house price, and the maximum amount of compensation does not exceed the total house price. 5%"; if the house is overdue for more than 90 days, the original contract stipulates that Party B has the right to terminate the contract, return the principal and interest and receive a penalty of 10% of the house price. In the supplementary clause, it is changed to "The parties agree not to calculate the actual compensation "Loss", only a 10% liquidated damage of the house price will be paid.
In addition, what makes Zhao Xin feel helpless is the "degree" issue. Originally, the degree room was the most attractive selling point for Zhao Xin, but when signing the purchase contract, Zhao Xin found that the contract was exempted from related responsibilities, indicating "Notice of Uncertain Information on Educational Facilities", and emphasizing that "may not enroll students in this community", education The bureau "may adjust the correspondence between the community and educational facilities at any time."
In addition, the developer also specifically stated in the contract that "The advertising materials made by the seller on the goods purchased by the buyer and the building or project where the buyer is located are for reference only when the buyer purchases the house, and are not regarded as the content of the offer. Party A does not assume any obligations due to the above-mentioned advertisements and promotional materials." Zhao Xin was anxious and angry after reading the house. Now all the promises of selling during the house inspection have become a dead letter.
Regarding the various objections in the contract, the sales consultant rejected Zhao Xin's proposal on the grounds that if the contract was modified, he would go to the Housing Management Bureau to file again. Zhao Xin called her lawyer friends and friends who have experience in buying a house to ask how to deal with it, but was told that the overlord clause generally exists in the first-hand housing market. For a deposit of 50,000 yuan, Zhao Xin had to sign and pledge, and could only pray that there would be no problems with the house.
During the interview, the experience of another buyer, Li Zhi, was even more "bizarre." After paying a deposit of 30,000 yuan, the salesperson informed him that the house to buy has been sold and needs to be re-selected. However, the original floor of the same price is changed from a side house to a back house (the bathroom and kitchen have no windows). Make up the difference of 80 yuan. The previously paid fee has been stored in the warehouse and cannot be refunded.
"The well-set traps come as scheduled." Li Lianyuan said. False propaganda, expanding facts, changing flowers, and making fuss are all sales methods used by developers. For example, sales staff often refer to "ordinary houses" as "garden houses" and "lake views". "Luxury" and other titles "higher" quality. The usual practices of intermediaries include arranging crowns, cheating on top and bottom, concealing house age, fake buying and selling, etc. The most serious is that some black-hearted intermediaries will use bad financial means to make people fall into a chain of loans.
In this regard, he suggested that young people buy houses according to their own demands and not be moved by false statements. In the process of buying a house, there must be a spirit of contract, a sense of risk, and even more so.
(Due to privacy concerns, all interviewees in the article except Li Lianyuan and Feng Ting are pseudonyms)
China Youth Daily·China Youth Daily reporter Wang Hao Shi Jia Source: China Youth Daily
Edition 08 on July 31, 2020