Now many families are double working families. In order to facilitate the two couples to work, they will buy two cars. The money for buying a car is not a big deal for many families, but the question of whether the second parking space has property rights is more annoying. When you buy a parking space, you must first understand these policies.
When your family has multiple cars, can you buy a second parking space? Under the "one person per household" parking space purchase restriction policy in Nanning, some developers are worried that the parking space can not be sold, and launched various kinds of reserved parking space sales methods in order to "hold on" the owners. Ms. Yang in Nanning paid a deposit of 5000 yuan to buy a car space, but she fell into a dilemma. Lawyers remind that we must be vigilant against developers' practice of transferring risks. It's hard to buy a parking space. I haven't been allowed to sign the contract since I paid the deposit
On April 11 this year, Ms. Yang, who lives in tianchishan community, Nanning, wanted to buy another parking space. She came to the Sales Department of tianchishan community project. After listening to the introduction of the salesperson, she paid a deposit of 5000 yuan on the spot and planned to buy a parking space in the community. She thought she could successfully sign the parking space sales contract, but what the salesperson took out was a 'pre-sale agreement'.
The salesperson told her that according to relevant policies, the community owner can't buy more than one parking space in the community in principle. Therefore, at present, she can't sign a parking space sales contract with her. However, if Ms. Yang pays the full amount, she can use the parking space, and the parking space will be hers in the future.
Ms. Yang felt that she had to pay the full amount without signing a contract with her. This parking space was unreliable. So she applied for a refund. " They refused to return the deposit on the grounds of the company's financial difficulties. " Ms. Yang said, "the company first deliberately misled me into paying the deposit, then refused to sell the parking space to me on the grounds of government rules and regulations, and then refused to return the deposit in time for various reasons." Now, Ms. Yang asked the developer to double return the deposit. The developer said that according to the policy, the owner can only make an appointment first
On the 9th, the reporter contacted the Sales Department of tianchishan project. A customer service manager surnamed Jiang said that Ms. Yang did pay a deposit of 5000 yuan, but she later changed her mind and didn't want to buy a parking space; The sales department has helped her submit a refund application to the company, but it will take some time.
According to manager Jiang, the parking space ratio of tianchishan community is only four to one, which is quite scarce. According to the government's regulations on "one room, one person", at present, Ms. Yang's family has purchased one parking space. If they want to buy the second one, they can only wait until the community is completed. If there are remaining unsold parking spaces and garages, Ms. Yang can buy it again. Therefore, what Ms. Yang currently signs can only be a 'reservation agreement' for the purchase of parking spaces, not a sales contract.
So, when will Ms. Yang wait? According to manager Jiang, there are still 17 buildings to be built in the community, which will take about five years to complete. Ms. Yang, this' appointment 'will take at least five years.
However, in a community with so few parking spaces, in case the parking spaces are sold out in the future, isn't the owner waiting in vain? At that time, will the deposit be lost or double returned? Because these are not clear in the agreement, Ms. Yang refused to sign.
Developers sell parking spaces' tricks' everywhere. With the improvement of living standards, buyers have the intention to buy a second parking space. The reporter learned that many citizens have encountered the 'pre-sale' of the second parking space.
Ms. Liao, who lives in fenglingbei, already has a car at home. After her children graduate from college, she wants to buy another car for her children, so she plans to buy another parking space. On the one hand, there are relevant government regulations and on the other hand, the parking problem needs to be solved. She had to accept the developer's' pre-sale 'parking space agreement. However, the developer asked her to pay the first intention payment of 10000 yuan. She was very worried that if she couldn't buy the parking space in the future, the money would be lost.
Ms. Jiang, who lives in Xianhu Development Zone, said that the community developer launched another 'reservation' policy - you can use the parking space as long as you sign the reservation agreement. If Ms. Jiang fails to buy the parking space in the future, the 'reservation fee' paid will not be refunded. As Ms. Jiang's family hasn't bought a second car, she feels that it's not cost-effective to pay this' reservation fee '. It's better to rent a parking space in the future.
The lawyer reminded to avoid falling into the trap set by developers. The reporter learned that according to the provisions of the notice on strengthening the rental and sale management of parking spaces and garages of real estate development projects (Nanfang [2012] No. 769) issued by Nanning housing security and real estate administration bureau, when real estate development enterprises sell commercial houses, It shall be sold according to the principle that the buyer can only purchase one exclusive property parking space or garage of the project for each house purchased.
Ouyang Zeming, a lawyer of Guangxi guangtianyi law firm, believes that in the case of Ms. Yang, because the time of parking space delivery is not specified in the agreement, it means that the main terms of the performance contract are incomplete, which can be regarded as an invalid agreement. Ms. Yang can apply for refund, but it is a little difficult to 'double return'.
Ouyang Zeming also mentioned that it is natural for developers to implement government policies, but the practice of 'pre-sale' parking spaces is easy to put consumers at a disadvantage. When consumers buy the second parking space, on the one hand, they should carefully understand the relevant policies; On the other hand, we should also carefully read the terms of the agreement to avoid falling into the trap set by developers.
In fact, it is not impossible for buyers to buy a second parking space. According to the provisions of the above notice, if there are still unsold parking spaces and garages when the real estate development project obtains the commercial housing cash sale Filing Certificate (if it is handled by stages, it shall be calculated according to the processing time of the last phase), and the parking spaces and garages are still not sold after the real estate development enterprise publicizes the sales of parking spaces and garages in a prominent position of the project location for 3 months, the remaining unsold parking spaces and garages shall be, Buyers of the project can choose to buy multiple parking spaces and garages.