The China Consumers Association released this morning the analysis of the complaints received by the National Consumers Association in the third quarter of 2021.
According to statistics on complaints received by the National Consumers Association, in the third quarter of 2021, the National Consumers Association accepted a total of 258,232 consumer complaints, a year-on-year increase of 17.43%, resolved 199,611 cases, and a complaint resolution rate of 77.30%, which saved consumers 335.14 million economic losses Yuan.
Among them, there were 7,037 complaints about housing and building materials, ranking 7th in the number of complaints in the commodity category, and 6,238 complaints about house decoration and property services, ranking the 8th in the number of complaints in the service category.
The special report on commercial housing complaints issued by the China Consumers Association pointed out that housing demand is one of the most important consumer needs of the people, and it is usually the largest single expenditure.
Due to the low frequency of commercial housing transactions, the lack of relevant knowledge, and the association of financial and other industries in real estate transactions, the problem of commercial housing transactions is complicated. While consumers are buying and selling commercial housing to meet their housing needs, consumer disputes often occur.
The quality of the house is unpredictable
The main problems of house quality complaints: poor house quality, cracked walls and ceilings, subsidence of foundations, roof leakage, impassable pipe leakage, etc.; hidden mysteries in well-decorated houses, such as false materials, high-end publicity, low-standard configuration, and craftsmanship Rough, poor quality, etc.; concealed engineering cut corners, use of inferior materials, etc.; irregular layout of water and electricity pipelines, use of unqualified, inferior materials, etc.
The quality of the projects in the same community is similar, and it is easy to cause group complaints when quality problems occur; if the houses have quality problems, they are not repaired in time or the quality of repairs is poor.
The China Consumers Association believes that when the quality of the main structure of the house is unqualified and serious quality problems affect the consumer's residence, the consumer can request the cancellation of the contract and claim that the developer compensates for the loss.
In the event of non-serious quality problems such as water seepage and hollowing of the house, the developer shall bear the obligation of guarantee and compensation for other losses during the warranty period.
Price plus price increase in disguised form to increase the sale price
The main problem of housing price complaints: the purchase of a house is required to purchase decoration packages, upgrade packages and other expenses, which raises the price in disguise.
Some real estate consultants who are selling real estate with lottery numbers cryptically tell home buyers that they can’t sign a house purchase contract without buying a "decoration upgrade package"; they arbitrarily charge out-of-price fees, such as group purchase fees, number allocation fees, renovation fees, account opening fees, etc.; confusion deposits, Deposit, intention money, etc.
Some developers charge sincerity money when they sell, and they convert the sincerity money into a deposit and issue a special receipt when choosing a house without the consent of the consumer.
In the event of a dispute, a refund is refused on the grounds of non-refundable deposit.
The China Consumers Association believes that in commercial housing sales, developers often collect consumer fees in advance in various names such as subscription funds, sincerity fees, and ranking fees, and then convert them into deposits through contracts, restricting consumers’ right to terminate the contract. Make consumers' rights and interests suffer.
Consumers should pay attention to the contents of relevant bills and contracts to prevent changes in the payment items.
Conceal and exaggerate, induce house buyers in violation of regulations
The main problems of sales publicity complaints: concealing the nature of the house and inducing consumer transactions in violation of regulations, such as concealing the situation of restricted houses (no transfer during the restricted period), and the property rights of apartment houses (mostly 40 years), etc., which harm consumers' rights and interests; Make false propaganda and false promises through pictures and texts, on-site display, verbal promises, etc.; induce unqualified consumers to buy houses in the name of assisting in loan processing; conceal important unfavorable factors and fail to fully fulfill the obligation of notification, such as the situation of surrounding facilities, etc.; Exaggerate the favorable conditions of housing and induce transactions, such as school district housing and traffic conditions.
The China Consumers Association believes that consumers have the right to know the real situation of the house they buy, including the house itself, supporting facilities and surrounding planning.
For housing transactions, consumers should make reasonable arrangements based on their own credit conditions. If they do not meet the credit conditions, they should not trust the developer or intermediary to help successfully handle the loan.
Fancy breach of contract, refusal to take responsibility for various reasons
The main problem of the contract fulfillment complaint: the delivered house is inconsistent with the model house and the publicity of the building brochure.
For example, the floor height of the house becomes lower, and there are more beams; the area of the house has shrunk, which does not conform to the contractual area; the developer refuses to bear the responsibility for breach of contract after the delivery of the house is delayed; the owner cannot promptly assist the owner to transfer the house after the house is handed over; the green belt, fitness area, etc. are not accompanied House delivery or conversion to other uses, such as swimming pools to parking spaces, etc.; use supplementary agreements, special agreements, etc. to implement unfair format clauses.
The China Consumers Association believes that developers are a strong side relative to consumers.
Some developers use deposits and other methods to fix consumers first, and then use supplementary agreements and other “bypass” model contracts to force consumers to accept unfair format clauses unilaterally drafted by them, exclude and restrict consumer rights, increase consumer responsibilities, reduce, To exempt the operator from liability, consumers will either accept the unfair terms or lose the deposit, and are in a dilemma, for which severe sanctions should be imposed.
Beware of mixed housing agents
The main problems of housing agency complaints: some housing agencies resorted to fraud, such as publishing false housing information, opaque housing prices, concealing the real situation of the housing, etc.; some have arbitrary charges, such as charging replacement fees without notification or without consumer consent , Bank loan handling fees, etc.; some housing intermediaries operate in violation of regulations, such as leaking the personal information of the buyer and the seller, promising to handle bank loans, supervising funds for the buyer on behalf of the bank, or embezzling the purchase price for oneself or for other purposes; some intermediaries The company and its staff confuse the concepts of online signing and filing, online signing intermediation, mortgage, etc., misleading home buyers so that they cannot realize online signing after paying down payment and intermediary fees; some use standard clauses to infringe consumers' legal rights or fail to fulfill the contract in accordance with the content of the contract Wait.
The China Consumers Association believes that before signing a real estate brokerage service contract, real estate brokerage agencies and brokers should truthfully explain to the client the relevant content of the real estate brokerage service contract and the house sale contract, and truthfully inform the rights and obligations of all parties.
Real estate brokerage agencies and brokers who fail to perform their due obligations and cause consumer losses shall be liable for compensation.
Some real estate operators have not yet shaken off the seller’s market thinking
The China Consumers Association pointed out that it insisted on "no speculation in housing" and safeguarded the healthy development of the real estate market and the legitimate rights and interests of housing consumers.
With the continuous implementation of real estate control policies, the real estate industry has gradually entered a period of adjustment. However, some real estate operators have not yet shaken off the seller's market thinking, and are still using their strong positions to "squeeze" consumers through various means to make profits.
In the face of policy adjustments and market changes, relevant business operators should change their business philosophy, earnestly assume their due obligations and responsibilities, and protect the legitimate rights and interests of buyers of houses.
Real estate enterprises shall operate in good faith in accordance with the law, and deliver them with quality and quantity.
Housing intermediary agencies should strengthen management, effectively restrain employees, and earnestly perform their due obligations.
The China Consumers Association reminds consumers that when buying a house, they must pay more attention and ask more questions and strengthen self-protection.
It is necessary to carefully check the qualifications and credibility of real estate development enterprises and housing intermediaries.
When purchasing a new house, pay attention to check the "State-owned Land Use Right Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "Commercial House Pre-sale Permit" or "Commercial House Sales Permit".
Regarding the location, environment, and supporting facilities of the house, do not trust verbal promises, and important content must be written into the contract.
Pay attention to understanding the housing property rights, purchase restriction policies, loan conditions and other related content.
If you don’t meet the conditions for buying a house, don’t take a chance and trust the operator’s false promises.
Before signing the contract, you must carefully read and fully understand the contract terms and supplementary agreements, contract attachments, such as the size of the house, floor, house number, house price, delivery time, delivery standards, conditions for termination of the contract, liability for breach of contract, etc.
Attention should be paid to the preservation of real estate and intermediary publicity materials, house purchase contracts, payment receipts, model house materials and other evidence to protect their legitimate rights and interests.
When accepting the house, the quality of the house project and supporting facilities shall be checked and accepted one by one according to the standards agreed in the house purchase contract, and records shall be made. If conditions permit, relevant supervision agencies and professional house inspectors may be hired to check and accept them together. Pay attention to check and save the " Residential Quality Assurance Letter and Residential Use Manual.
In the event of a dispute, safeguard rights in accordance with the law in a timely manner.
(Xinmin Evening News correspondent Yu Mingshan in Beijing)