Developers selling "false school room" will be punished
Shandong Commercial Daily
days ago, Shandong provincial housing construction department, Shandong province industry and Commerce Bureau jointly issued the "Shandong province new commercial housing sale contract (current sale Edition)" and other 5 categories A model text for a contract for the sale of houses. In accordance with the latest version of the contract, the date of the sale of the contract will turn into the date of the net signing, and the Seller shall return all the money within 15 days for the non transfer of property rights. At the same time, in order to prevent the purchase of the school district room is not learning, the new contract also requires the seller to make clear the promise to sell the house and write clear compensation for breach of contract. The new version of the contract has been formally implemented since 1 this month. Reporter Gao Yulong
Contract entry into effect time changed to net signed
reporter learned that in the current real estate transaction process, part of the developers to return money as soon as possible, when the commercial housing construction project has not been completed, the purchase contract is signed in advance with the Buyer by subscribing, and the sale contract is signed. It will come into force from the date of signature or seal. Compared with the previous version of the contract text, the newly issued contract text changes the date of the contract: the date of the effect of the old version of the contract is "effective from the date of signing or seal of the two parties", and the new version of the contract has changed the previous provisions to "the contract has been signed or sealed by both parties." It will take effect from the date of online registration of commercial housing pre-sale contracts. This also means that future buyers through the subscription method before signing the contract with developers signed an invalid contract.
according to the staff of the housing office in Shandong, the new commercial housing net signed in the province has basically been covered, but the coverage rate of the second-hand housing network in the provinces and counties in our province is still less than half. And the new version of the contract text through the sale of commercial housing contract online record, can effectively prevent the emergence of a house and so on, and can find out whether there are mortgage, guarantee and other cases of commercial housing. However, the reporter also found that, as a result, subscrisubscribed property buyers, once the property subscribed to a substantial increase, developers or will be the contract before the contract is invalid, do not agree with the buyer signed the sale contract.
whether the school room is an important reference for the citizens to buy a house, and the price of the school room is higher than that of the non school room. At the same time, developers in the sale of housing to promote the sale of housing is also the main "school district room" concept. In reality, because some developers have failed to introduce schools or new schools within the scope of the community, the "school room" that the citizens buy without learning can happen repeatedly. In order to prevent developers from "School District Housing" flickering property buyers similar behavior, the new version of the contract model text also made the developer's responsibility detailed. According to the new version of the contract demonstration text, the water and electric heating did not reach the delivery condition on the agreed delivery date, the seller took the overdue delivery responsibility according to the overdue date of delivery; the telephone, television, and broadband did not meet the delivery conditions on time, and compensated the default on a daily basis according to the amount agreed by both parties. For schools, kindergartens, medical and health institutions, parking spaces, garage, community organizations and other public services and other supporting facilities, developers must fill out the extent to what extent, and do not meet the conditions of commitment at the time of meeting. This also means that in the future developers in the name of "school room" in the name of sales, in the signing of the sale of the contract must be signed to sign the "school room", and if failed to achieve the "school room" commitment, developers will be directly responsible for this.
there is no evidence of a developer or a double compensation
in the process of real estate transactions, some developers will be mortgaged for the construction of the project due to lack of funds, and these mortgages have been set without the consent of the mortgagor for sale to the buyers, and the buyers will face It is impossible to obtain the title certificate, and at any time bear the risk of buying a house being auctioned by a bank.
in the new version of the contract model text, the "mortgage situation" is added to the old version of the contract, especially in the clause of the "commodity housing basic condition" clause. In the future contract signing, the developer needs to fill in the mortgages related to the commercial housing for mortgages, unmortgaged, mortgage cancellation, and to explain the information of the mortgages and the time limit for the performance of the debt. At the same time, in the annex three of the contract, the developer must submit the certificate of the mortgagor's consent to the transfer of the commodity house and the relevant stipulations on the mortgage.
in addition, the new version of the contract has also added the "housing rights commitment" clause. In accordance with the requirements of this provision, the developer must undertake to have a legal right to the commercial room, the commercial room is not sold to other persons except the buyer of the contract, and the commercial room has no judicial closure or other restrictions on the transfer of the commercial room. If the status of the commodity house is not in conformity with the above situation, which leads to the failure to complete the registration of this contract or the registration of the transfer of the ownership of the house, the buyer will have the right to rescind the contract, and the developer shall return all the house funds within 15 days, which will cause losses during the period of payment by the seller or the total loss of the buyer. Payment of gold. As a result, those who are in violation of the building of the building, if the house can not handle property transfer and can not deal with the house property card, will face a double compensation for the buyer.