Shenzhen high-end disks were petitioned by the owners to check out, and Nanjing multiple disks were asked to "improve quality"
The property market has launched a new round of rights protection, "rational" or "excessive"?
Under multiple rounds of regulation, the domestic real estate market is in the “Golden Nine” cold wind that should have been the peak season: the number of unregistered homes for land auctions increased, and the number of sold-out properties in the new home market decreased rapidly. Affected by this, the property market rights protection also blew up again. The "Assembly Number" rang.
Recently, a high-end real estate in Shenzhen with an average price of more than 100,000/㎡ was collectively petitioned by the owners to check out. At the same time, many real estate owners in the Hexi section, known as Nanjing’s "rich district", also have many owners defending their rights and asking real estate companies to "improve quality." , The reporter conducted interviews on hot topics in the property market.
Yangtze Evening News/Ziniu News reporter Ma Zuobo
Collective petition by owners of high-end disks to "check out" Netizens commented that "it may be expensive"
In September of this year, a copy of the "Longhua Jinmao Mansion Collective Check-out Petition" was circulated in the real estate circle in Shenzhen. The main reasons for the owners to ask for the check-out include: the real estate company cheated the buyer and used it during the sale process. Degree marketing, even theft of collective property in the community and other issues.
The reporter noticed that Longhua Jinmao Mansion is a local high-end real estate. When it opened in 2019, it broke the local housing price record at 103,000 yuan/㎡. The total price of a single set is above 15 million, and the current average price is close to 110,000/㎡.
However, in the opinion of some people in the industry, Shenzhen's second-hand housing guidance price has led to weak price increases in the community, which may be the core reason why owners want to check out.
Some netizens commented, “I bought them at a high price, but the house price was suppressed, so I can find the developer to check out or make compensation”.
Many high-end properties in Nanjing have also been "rights protected"
The owner requested "improvement of quality"
Coincidentally, a group of high-end real estate in Nanjing has also set off a "rights protection fever" recently, especially in the Hexi section, which is known as the "rich area".
In the southwest area of Hexi, the owners of a high-end real estate recently collectively asked the developer to use all-aluminum panels instead of the current real stone-painted aluminum panels for the facade of the entire community.
In this regard, the developer stated that the original purchase contract did not stipulate all-aluminum panels, and the appearance design complied with the government's planning requirements and the contract.
“It’s not difficult to see that some of the claims made by the owners in such rights protection cases are outside the contract. From the current stage, it is difficult for real estate companies to support it.” According to market participants, there are also home buyers who used the “Real Estate Project” released in Nanjing in August. “Quality New Deal” is used as a reference, requiring a building in Hexi to adopt the same design and decoration standards for the entrance hall on the basement level and the entrance hall on the first floor. New communities built locally, and old communities that have been built or are under construction cannot be implemented with reference to the new specifications. This is also an agreement outside the contract.
There are many similar rights protections, and in this wave of rights protections, traditional "rights protection" is not uncommon.
In May of this year, the owner of the Swan Castle in the Overseas Chinese Town in the southwest of China proposed that the unit door in the community was too narrow or even "squeezed into a three-child family", and used this to demand rectification from the developer for rights protection. As a result, many netizens complained: " Do I still need to defend my rights if I buy Schwanstein Castle?" "If someone checks out, I will be the first to sign up." Some people also said that the original price of 37,000 per square meter was the result of the government's strict price limit.
Real estate rights protection is frequent, rational or excessive?
Lawyers advise buyers to defend their rights rationally
Different from the previous cases of real estate rights protection, the reporter found that in the latest rights protection cases, most of the appeals made by the owners did not involve the price reduction of the real estate, but required the real estate company to "improve the quality", hoping to match the price at the time of purchase.
For home buyers, high house prices must be linked to high quality, which is irreconcilable with the profit dilution of real estate companies under the government's price limit, and "rights protection" will naturally occur.
Lawyer Li Yi, a senior partner of the Beijing Bank of China (Nanjing) Law Firm, pointed out that there is nothing wrong with rational rights protection. It is also a legitimate reason to require developers to improve quality. However, everything must comply with laws and regulations and should not be excessively protected.
For example, if the facade of a real estate needs to be updated, most owners and real estate companies must agree to the plan and declare the plan to the planning department and be approved. In addition, if the buyer asks the developer to engage in false propaganda and sales, he should hold relevant evidence to the market. Complaints made by regulatory authorities should not disrupt public order.
Govern "excessive rights protection" and advocate reasonable rights protection
Jiangsu Housing and Urban-rural Development Department: attach great importance
The reporter noticed that in July this year, the Housing and Urban-Rural Development Department of Jiangsu Province issued the "Response to Proposal No. 0296 of the Fourth Session of the 12th Provincial Committee of the Chinese People's Political Consultative Conference-Recommendations on Governing the "Excessive Rights Protection" of House Buyers", stating that the current real estate industry is more or less The existence of "excessive rights protection" and even some "excessive rights protection" behaviors have affected the normal operation of development enterprises and disrupted the order of the real estate market.
The Housing and Urban-Rural Development Department of Jiangsu Province stated in its reply that it will take effective measures to control the “excessive rights protection” of home buyers and advocate legal rights protection. Specific measures include gradually increasing the proportion of existing home sales in newly-built commercial housing, and gradually addressing the expected conflicts in the pre-sale system from the source. Problems such as the inconsistency of the actual delivery of houses; efforts must be made to solve the "inconsistent quality and price", but also to prevent "excessive rights protection"; to build a multi-linked resolution mechanism for real estate disputes, and unblock the legal rights protection channels for buyers, etc.
Industry insiders suggest that with the increase in consumer awareness of rights protection, buyers should rationally view the changes in the current real estate market, especially when the housing market is in a relatively downturn, and should more rationally defend their rights.
From the perspective of rights protection, housing quality issues can be complained to the local construction administrative department. If the contract is disputed, you can apply for arbitration to the arbitration institution. If the problem cannot be resolved, you can finally bring it to the court.
"Excessive rights protection not only lacks the spirit of contract, but also affects normal transactions in the market. In the long run, it will be detrimental to the healthy development of the real estate industry," the person said.
During the interview, the reporter learned that in response to the various rights protection cases that have recently appeared in the Nanjing real estate market, especially in the Hexi sector, relevant departments have organized and established a working group to convene companies and home buyers to continue communication to protect reasonable and legal rights protection activities, and "excessive Rights protection" will not be supported either.