Contrary to the existing house and house type diagram, the developer explained that it was shocking
4hw.com.cn: at the end of June, Ms. Zhang finally 'received' the new house she had been looking forward to for two years. She ran to see it happily, but she was stunned. " The toilet on the contract house type map is clearly on the right, but the toilet of the existing house runs to the left. " Ms. Zhang said that in addition, the living room, kitchen and primary and secondary bedrooms of the existing house were also completely reversed with the contract position. The actual existing house was' opposite to the mirror image 'of the contract. Ms. Zhang refused to accept the house on the spot. However, the purchase price of 890000 has already been paid in full.
Ms. Zhang is worried that 'mirror image opposite' will affect her handling of property rights certificates in the future. Over the past month, she has consulted with the developer for many times, but no agreement has been reached. " They said they could compensate me for a microwave oven, tear up the page of the original house purchase contract and replace it with one corresponding to the existing house. " In this regard, Ms. Zhang is very puzzled.
Chengdu Business Daily - Red Star News reporter asked the relevant staff of the developer about the relevant situation and was told that the problem was caused by the negligence of staff in the sales stage, 'but the left and right images will not affect the actual use'.
Confused, the existing house is inconsistent with the contract house type map
Ms. Zhang's new house is located in the east of Yizhou Avenue, Tianfu new area. In 2017, she paid 890000 yuan in full at one time, and the property fee and maintenance fund of four or five thousand yuan were also paid before the house was closed. However, when she saw the house at the time of closing, she didn't check in, and "the key is still with the developer".
On July 23, accompanied by the developer's staff, Ms. Zhang took the reporter to see the house. According to the supplementary agreement on commercial housing sales contract signed by Ms. Zhang and the developer two years ago, the house type map shows that the toilet and master bedroom are located on the right of the entrance of the house, and the open kitchen, living room and secondary bedroom are on the left.
After entering the door, the reporter saw that this is a small house type of more than 50 square meters. The existing house is indeed inconsistent with the contract house type map. The toilet and master bedroom are on the left, and the open kitchen, living room and secondary bedroom are on the right, just the opposite of the mirror image.
"It really doesn't affect my living, but I'm afraid I can't get the property right certificate in the future. I know that it's difficult to get the property right certificate if the contract is wrong. Moreover, the existing house is completely opposite to the contract house type diagram." Ms. Zhang told reporters.
"Said to solve it for me. It has not been solved for nearly a month. Now no one can see it." Ms. Zhang hoped that the accompanying developer staff could reply, but she was only told that 'the person in charge is in a meeting and it still takes time to solve'. When can it be solved, the staff couldn't answer.
We were told to pay for a microwave oven
On the afternoon of the 23rd, accompanied by the developer's staff, Ms. Zhang came to the community service center. Then she called 110 and invited the police to help coordinate. The reporter learned that in the past month, Ms. Zhang has repeatedly negotiated with the developers, but they have not been settled.
"They (the developer) once said they could pay for a microwave oven, and then they said they could pay for a floor sweeper. Why do I want this?" Ms. Zhang questioned the developer's staff, who was persuasive, but could not answer positively.
Ms. Zhang hopes to change rooms, but at present, the houses in the community have been sold out. Previously, she also negotiated with the developer to check out, 'but the developer is only willing to refund the house price two years ago.' Ms. Zhang couldn't accept this: 'let alone how much the house price has increased, I put this money in the bank and there is interest, right?' Ms. Zhang also said that her compensation was free of property fees for five years, but it was rejected by the developer.
Previously, Ms. Zhang also ran through the Housing Authority, the Administration for Industry and commerce, the consumer association and other institutions, but the matter has not been properly solved. Then, at the suggestion of the police, Ms. Zhang went to the real estate registration service center in Tianfu new area and said, 'it's no use looking for them (developers), but the relevant departments.'
Developer: the negligence of staff will not affect the actual use
Is the drawing reversed or the house reversed? How to solve it later? On the afternoon of the 23rd, the reporter contacted the project party.
The relevant person in charge of the developer told reporters: 'as the site is consistent with the regulations and construction drawings, but due to the negligence of the staff in the sales stage, we are deeply sorry for the left and right mirror images of the contract drawings and construction drawings provided. However, the left and right images will not affect the actual use. If the owner really has a big objection to this issue, our company is willing to communicate with the owner in a friendly manner and handle relevant check-out. "
As for the claim of compensation for a microwave oven, the relevant person in charge said that this is only a small gift for Ms. Zhang proposed by the customer service personnel handling the matter, not a compensation plan.
Lawyer: the developer shall compensate for the losses caused. The 'mirror image opposite' will not affect the handling of the property right certificate
Guo Gang, a lawyer of Sichuan fangce law firm, believes that the house type map belongs to a part of the contract. If the developer fails to deliver the house according to the contract itself, the responsibility lies with the developer. If the developer has changed the contract before, it should also inform the buyer in advance, which needs the consent of both parties. In this regard, developers need to give buyers' acceptable 'compensation. Even if there is no problem with the design and regulation, the developer should also bear the fault.
Xing Lianchao, a lawyer from Sichuan law firm, believes that the problem of "opposite image" has occurred many times in China. For example, there are mistakes in house numbers and drawings. If only the developer's work mistakes cause problems, on the premise of no significant losses, no impact on the use of property buyers, no reduction of house area and other major problems, it may not be recognized as "breach of contract" in law, and both parties can correct it, but the developer should compensate for the losses caused in the process of correction.
Both lawyers believe that the inconsistency between the existing house and the contract house type map will not affect the buyer's handling of the property right certificate, and a supplementary agreement can be provided in the later stage.