Ji'nan School District Housing: Disputes and frequent price increases, consumer rights protection is difficult
source: the public daily
3 month 20 days zero, Ji'nan City 49 schools on the school website published on the school website in 2013, the compulsory education stage of the school district public demonstration map, this is the first demonstration of the school district in Ji'nan. The school district map of all schools in the compulsory education stage in Ji'nan has been released to the public through the school administration column and the campus network. The announcement of the school district has aroused strong repercussions in society, and disputes arising from school district housing in recent days are common.
this period case analysis: Han Qingzhi
case 1: a developer promises a school room, and the final school room is not seen in the dispute
for the child to get a good primary school, Ms. Wang of Ji'nan bought a set of "school room" last year because of development. Business commitment, the owners of children can go to a small branch of willow. Ms. Wang has borrowed all the money from her relatives and friends. Ms. Wang said that until now, she had been bitten by tears when she remembered that difficult day.
but this sad feeling has become "worthless" because developers have overturned their previous commitments, and the so-called "school district room" has become a mirage. On the morning of March 24th, Ms. Wang and dozens of other owners were talking to developers.
lawyer interpretation: there are many possibilities for this situation: one is unable to settle down on time because of the developer's reasons; two is the area that is not expected by Ms. Wang in the area or is not the original adjustment; the three is that the area is clearly not the school room expected by Ms. Wang, but in order to promote the transaction. Easy, the salesman made a false promise.
if the developer made a commitment (for this, according to the relevant provisions of the law, Ms. Wang and other buyers have the burden of proof), and because of its own reasons can not fulfill the commitment, it constitutes a breach of contract, should bear the corresponding legal responsibility.
case two: after the school district was announced, the second-hand housing seller signed on the spot price
the Ji'nan school district room has been the hot spot on the second-hand housing market, which has attracted the attention of the market parties, and the school district that has been announced in Ji'nan has inevitably had a major impact on some second-hand houses. In the interview, I have learned that there have been a few owners who have been placed in a better school district because of their own house, and the "surprise" price of the contract is directly "scare off" the buyer.
3 20, twenty-first Century, the real estate is located in a franchised shop in the mountain road, the seller, Mr. Lee, when he learned that his house was included in the school room, the price rises of eighty thousand yuan, and the buyer is in dispute with the seller because of a sudden price increase.
counsel interpretation: in accordance with the relevant legal provisions, the contract for the sale of houses should be written in written form. Before the signing of a written contract, both parties can negotiate the contents of the contract for the purchase of the house many times. Moreover, from the real estate market, the division of school districts does affect housing prices. However, if the two parties have already signed a written contract, the Seller shall not have the right to raise the price unilaterally. The two parties shall perform the contract according to the contract price, otherwise it is a breach of contract. If the negotiation fails, the buyer may require the seller to perform the contract through legal means.