News from this newspaper (Reporter Wang Wei) The housing sales have reached "golden nine and silver ten" again. What are the overlord clauses in the terms of the purchase contract?

Yesterday, in response to the recently released "Unfair Standard Terms" Consumer Cognition and Lead Collection Survey Report, the China Consumers Association invited the lawyers of the China Consumers Association to report strong commercial housing sales, leasing, decoration, property, etc. to consumers. Comment on the top ten unfair format clauses in related fields, reminding consumers not to step on these "pits".

　　The China Consumers Association said that when buying a house, consumers will encounter such a type of overlord clause that when the seller cannot perform its obligations, it completely exempts itself from the responsibility for the deposit.

For example, it is stated in the standard terms that before the formal pre-sale agreement is signed, if the seller cannot sell due to reasons of the seller, the seller is not bound by any agreement, and only needs to return the deposit without additional interest or compensation.

In response to this clause, the lawyers of the China Consumers Association remind consumers that according to the law, when the party receiving the deposit fails to perform the obligations stipulated in the contract, in addition to returning the deposit received to the payer, it should also compensate the payer for the amount of the deposit. The same amount of money, that is, double the return of the deposit.

The provisions of this standard clause completely evade the legal responsibility of the operator for failing to perform the contract, which is very unfair to the buyers and violates the provisions of the law.

　　When consumers buy houses, they will encounter the situation that the commercial house sales contract does not match the advertising content, and developers often use the model houses, publicity materials, and real estate advertisements that the buyer sees on the scene only as an invitation to make an offer, not as a sale. The basis of the contract for the delivery of the house to the buyer shall be based on the standard terms and conditions of the content of this contract to avoid liability.

The lawyers of the China Consumers Association commented on this, according to the law, commercial advertisements and publicity content that meets the conditions of the offer constitute an offer, and the developer has no right to unilaterally stipulate in the contract that advertisements and promotional materials do not constitute the content of the contract.

When the sales advertisement and publicity materials constitute an offer, the developer shall perform the relevant obligations even if it is not written in the contract.

　　When it comes to house leasing, consumers will encounter standard terms that restrict direct transactions between consumers and house owners after the expiration of the house lease period.

For example, when signing a house lease contract, some intermediaries will indicate that within three months after the lease expires and the contract is terminated, Party A (the lessee) shall not make a deal with the owner of the property right of the house, otherwise, it shall report to Party B (the intermediary) agency) to pay 200% of the monthly rent as compensation.

The lawyers of the China Consumers Association said that consumers have entered into a lease contract with the owner of the house through an intermediary agency, and they have paid the contractual opportunity provided by the intermediary agency or the media service provided by the agency to conclude the contract. The contractual purpose of the intermediary agency has been realized.

After the lease term expires and the contract is terminated, consumers have the right to negotiate directly with the owner of the house to sign a lease contract again.

The intermediary agency has no right to impose restrictions, let alone require consumers to pay remuneration, liquidated damages or compensation for losses.

　　In addition, consumers will also encounter standard clauses in which the property management company charges management fees but does not assume civil liability for failing to fulfill its management obligations.

For example, consumers often see such standard clauses. The management of vehicles under this agreement by property service companies only refers to the management of vehicle driving and parking order, and does not undertake the obligation to keep vehicles. Vehicles that occur in the property management area In the event of damage, loss, property theft and other property losses, or personal injury or death, the responsible party shall bear criminal or civil liability, and the property service company shall not be liable.

The lawyers of the China Consumers Association's lawyers commented on this. Property service companies charge the owner's parking space fee and should fulfill their legal or agreed reasonable management obligations.

This clause stipulates that the property service enterprise shall not bear any reasonable responsibility for the damage or loss of vehicles, property theft and other property losses or personal casualties that occur in the property management area, and the property service enterprise shall be exempted from its own responsibility and legal obligations.

　　In addition, the China Consumers Association also has the final right of interpretation for the seller, excluding the other party's rights and exempting its own responsibility; expanding the scope of force majeure, exempting the delayed delivery of the house; if there are problems in the decoration and construction, the material cost will be passed on to the consumer; the setting of liquidated damages If the standard is too low, the operator's breach of contract cost is small; the advance payment is regarded as a deposit or liquidated damages, and no refund is given when the contract is terminated, which increases the responsibility of consumers; in addition to the property management fee, the owner is required to share the public expenses, which increases the owner's responsibility Wait for the overlord clause to be reviewed.

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