At the end of June, Ms. Zhang, a citizen of Chengdu, 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 living room, kitchen, primary and secondary bedrooms were also completely reversed with the position of the contract house type map, and Ms. Zhang refused to accept the house on the spot.
↑ Incident area
Ms. Zhang is worried that 'mirror image opposite' will affect the handling of property rights certificates in the future. She has consulted with developers 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. The relevant staff of the developer said that this was caused by the negligence of the staff in the sales stage, and the left and right images will not affect the actual use. As for the claim of compensation for a microwave oven, the relevant person in charge of the developer said that this is only a small gift to Ms. Zhang proposed by the customer service personnel handling the matter, not a compensation scheme.
Property buyers are confused about the opposite direction
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".
↑ Contract house type diagram
On July 23, accompanied by the developer's staff, Ms. Zhang took the Red Star News 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 Red Star News 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 opposite to the 'mirror image'.
↑ The contract house type map is opposite to the mirror image of the existing house
"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 Red Star News.
"Said to solve it for me. It hasn't 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.
The negotiation was not settled. Ms. Zhang said she had been told to compensate for a microwave oven
On the afternoon of July 23, 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. Red Star News reporter learned that in the past month, Ms. Zhang has repeatedly negotiated with developers, but they have not been settled.
"They (the developer) once said they could compensate for one microwave oven, but they couldn't give me 100. Later they said they could compensate for one floor sweeper. What am I doing with this?" Ms. Zhang questioned the developer's staff, who was persuasive, but could not answer the question positively.
Ms. Zhang hopes to change rooms, but at present, the houses in the community have been sold out. Previously, she also negotiated with developers to check out, 'but developers are only willing to refund according to 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 many departments, 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 to apply for administrative reconsideration, '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 July 23, the Red Star News reporter contacted the developer.
The relevant person in charge of the developer told Red Star News: "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 that the contract drawings provided are mirrored to the left and right of the construction drawings. 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 of the developer said that this is just a small gift to Ms. Zhang proposed by the customer service personnel handling the matter, not a compensation scheme.
Lawyer: the developer shall compensate for the losses caused
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 images" has occurred many times in China, usually with 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.