After the new commercial housing contract, the Apocalypse leaks out the information of the buyer, and the developer should bear the responsibility.
Shun Net - Ji'nan times
October 29th, the provincial housing department new edition of the new edition of "new commercial housing sale contract model text of Shandong province", from 11 It begins on 1 July. Reporters interviewed learned that the new version of the contract model text compared with the previous version, adding a lot of new content, specifically, there are 8 new changes.
change 1: pre sale or present sale, contract book is different
old question: the old version of the demonstration text of commercial housing sale contract does not distinguish between pre sale and present sale, the contract terms are not clear and can not effectively explain the difference between the two.
new method: 29 days, the demonstration text of the provincial housing office publicity is divided into two versions: pre-sale and current sale. The responsible person in the provincial housing construction department said that there are many unpredictable factors in the pre-sale of the commercial housing, and the previous buyers and developers are often dissension when the promise of the pre-sale of the commercial housing is inconsistent with the standard of the final delivery. Therefore, the new edition of the contract is divided into two versions, respectively.
change 2: the mortgage and rental of the house to make clear
the old problem: I want to buy the present house can live early, I did not expect the house to have a tenant! The relevant departments in the actual survey found that some of the commercial housing projects are mortgaged to the bank at the same time, and also sell to the buyers, resulting in the phenomenon that a house is sold and the existing housing projects are rented out and re sold, causing a lot of disputes.
new method: the pre sold commercial housing must fill out the mortgage of the commercial housing sold. If there is a mortgage, the mortgagor and the mortgage registration institution must be clear. If the purchaser really wants to purchase the property already mortgaged, it is necessary to stipulate in the annex of the contract the conditions and time for the cancellation of the mortgage. In the text of the
sale contract, in addition to clearing the mortgage situation of the house, it is also required to clarify the rental situation of the house.
change 3: don't worry about developers carrying money to escape
old problem: pony is ready to get married and buy a new house, hand in the full, who know that the developer in the process of carrying money abscond.
new method: the contract terms clearly require that the developer sell all the house price of the house in the pre sale fund supervision account for the construction of the project. Capital regulatory agencies, account names and accounts should also be clearly filled out. The rent can be effectively prevented by regulators, and the public can rest assured. The personage said.
change 4: the buyer's information, the developer needs to confidentiality
the old problem: Ms. Yang recently bought a set of commercial housing, the house has just been bought, the decoration company's telephone will come to a constant, and the information leakage caused by buying a house makes her miserable.
new methods: in view of this problem, the new edition of the purchase contract has been stipulated, which increases the information confidentiality clause of the buyer, and makes it clear that the developer has the obligation to confidentiality to the buyer's information. In particular, the needs of the government, the state security organs, the public security organs, the procuratorial organs, the judicial organs, the disciplinary inspection and supervision departments, without the written consent of the buyers, may not disclose the information of the buyers and the buyers, or use the information of the buyers to use the information of the buyers. Other purposes other than the performance of this contract.
change 5: before checking room the developer can't give out a moth
old problem: After 80s, Xiao Li is in a circle of friends: to check the house is very happy, but is asked to pay tax first, which is it? And the public reflect, now most new houses are first checked and then checked out, and the owners first sign the house to check the problem. It is difficult to solve.
new method: the new version of the purchase contract has been stipulated, before the delivery procedures, the buyer has the right to check the purchase of the commodity room, the developer may not pay the related tax or fee or sign the property management documents as the precondition for the buyer to check the house and handle the procedures. The industry believes that this clause enables homebuyers to know early whether there are quality problems in housing so as to safeguard their rights in time. If there are quality problems in the foundation and main structure of commercial housing, the buyers have the right to terminate the contract and demand compensation from developers.
change 6: when the supporting school is delivered, the contract should indicate the old problem of
: perfect matching has become a great magic weapon to attract buyers, but in reality, many owners have met the public green space that has been promised before, and the famous brand schools are not unbuilt or shrinking. At the beginning, buying a house is a school that looks at this project. The child is about to go to primary school. The school has not been built yet.
new method: the old version of the contract for public service and other supporting facilities is not clear. If the owners ignore the relevant agreements when they sign the contract, the public service and other supporting facilities are not completed when the developer is in the house, and no liability for breach of contract is required.
the new version of the contract model text clearly writes the conditions and timetables for the delivery of public services and other supporting facilities, including public green space, non municipal roads in residential areas, property service houses, medical and health institutions, kindergartens, schools, green space rates, parking space and garage and other public facilities. The time of delivery and the progress of the project. If the developer fails to construct and deliver the public supporting facilities according to the contract, he shall compensate the owner accordingly according to the contract between the seller and the buyer.
change 7: the decoration of the promise can not only talk about the old problem of
: the citizen Gao bought a set of hardcover room, the developer promised the bathroom, kitchen and other brands to decorate, and there was a phenomenon of making up the number at the time of the room.
new method: the new version of the contract model is stipulated in the annex for decoration and related equipment standards. Take the living room as an example, the inner wall is the paint, wallpaper or other, the ground is marble, granite or solid wood floor, this series of problems should be clearly expressed in the contract annex. If the commercial housing delivered by
fails to reach the agreed standard for decoration, it shall be dealt with in accordance with this contract, and the property buyers shall be compensated accordingly. The developer has not agreed to increase the installation, decoration and decoration of the two parties as an unconditional gift to the buyer.
change 8: the house sound insulation, also should be written into the contract
old question: the quality of the new house of Ms. Wang is very good, but the sound insulation effect is too bad, and the previous sales personnel's words are seriously inconsistent, affecting her normal life.
new method: the new version of the contract demonstration text requires that three items of air quality, building sound insulation, energy saving measures are clearly disclosed in the contract, and the first two items, if they do not meet the standard, give the developers a chance to rectify and rectify, and the buyers have the right to return the house. Those who cause losses to the property buyers shall bear the corresponding liability for compensation by the developer. After testing is not up to standard, the cost of testing will be borne by the developer. The cost of the re testing after the rectification is still borne by the developer. Due to the overdue delivery of the commodity house due to the rectification, the developer should also bear the liability for overdue delivery.
the public voice
to prevent information disclosure expectation issued by
new version of commercial housing sale contract model text thinning a lot of housing problems, help buyers to avoid risks and disputes, which many citizens call.
, however, the new version of the contract in the developer's information on the buyer's information has a confidential obligation, without too much explanation, some people think the clause is hard to play a real role. After the purchase of
, the harassing phone calls such as decoration and home appliances have become normal. Ms. Zhang, the citizen, said that the developer's information on the buyer's information is only based on the obligation of secrecy. In the actual operation, the information of the buyer is those? How to define the information of the buyer is leaked by the developer? If the developer should bear the responsibility of the developer, these problems are now urgently needed.
it is understood that at the end of last year, Kunming issued the "notice on Further Strengthening the information protection of the buyers", which have made the house buyers, the house buyers information related units, the buyers' information and so on. The information involved in the house buyer should be checked and self checked in time for the information management of the buyers, record the self-examination, and eliminate the problems and hidden dangers found in the self-examination in time. The relevant departments in charge of housing, urban and rural construction, finance and other relevant departments should carry out supervision and inspection on the information about the buyer's information about the purchaser's information in accordance with the law. Although the information leakage can not be fundamentally eliminated, the competent authorities have made further research, which is worth learning from.