Fully-decorated house signed before inspection to infringe on the right to purchase

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Fully furnished room should be "first sign after inspection" or "a priori sign?"

——Analysis of Property Owner’s Infringement on Buyers’ Right to Know and Fair Trade

The newly-installed fully-furnished room will be delivered for use. Mr. Zhang is full of joy, but he is quickly overwhelmed by the developer's "first sign, post inspection industry's industry practice," poured a cold water. "Previous Housing, Signing Again" - Mr. Zhang's house handover program was rejected by real estate developers.

Receiving the house is not happy

Mr. Zhang purchased 1 set of fully-decorated rooms located at Lane 1288, Pang Song Road. At the end of last year, the new house was delivered for use. Mr. Zhang paid the house price difference of 5,262 yuan according to the real estate agent's request, and was prepared to go through the formalities for lodging. At this point, the real estate agent asked him to sign the house delivery order first without checking the room.

"I don't know what the quality of the house and the decoration is. How can I easily accept the house?" Mr. Zhang did not agree. Because according to the pre-sale contract of real estate contracted by the real estate developer, the real estate agent should provide the owner with the Shanghai New-built Housing Quality Assurance Certificate and the Shanghai Newly-built House Operation Manual, and the owner's meeting with the real-estate developer to verify the commercial housing. Transfer. After repeatedly negotiating that the real estate firm failed to perform the contract, Mr. Zhang refused to accept the house on the same day and complained to the Consumer Protection Committee of Songjiang District asking the real estate developer to perform the contractual obligations, first inspection of the house, and subsequent transfer.

"Industry practice" refuses to change

After the Consumer Protection Committee of Songjiang District accepted the case, it quickly verified the information provided by consumers and the contents of complaints. The real estate agent stated that there is no problem with the quality of the house. Since it can be sold out, it must have passed the acceptance test of the relevant authorities. As for the landlord to directly sign the delivery slip instead of providing the "Shanghai New Housing Quality Assurance Certificate" and "Shanghai Newly Built Housing Operation Manual" in accordance with the contract, and then handing over the property after acceptance by the owner, it is because of the long-standing practice in the real estate industry. As a real estate developer, they cannot "destroy" the "rules of the game" followed by the real estate industry for the sake of one or two owners.

"Detour" inspection room was handed over

Both sides broke up. After a period of stalemate, Mr. Zhang, under the mediation of a friend, asked the person to test his house and confirm that there was no major quality problem before he could hand over the house. "The developer is too tough!" Mr. Zhang said with emotion. In fact, in the Songjiang District Consumer Protection Committee in accordance with the contract requirements of real estate business owners to respect the right to know the case of the consumer, the real estate business still refused to "private room, after the receipt."

In fact, Mr. Zhang’s experience was not individual and many buyers had the same experience. “Once a house handover book is signed, the problems discovered during the inspection of the house can only be found in the property company,” said a home buyer who told reporters that he had been trapped in the mutual push by the real estate agent and the property company, making them exhausted.

"convention" infringes consumer rights

In this regard, Songjiang District Consumer Protection Committee staff pointed out that consumers' right to information should be respected. When the contract is inconsistent with the industry practice and the real estate developer fails to obtain the consent of the business owner, the real estate agent should perform the contractual agreement, first inspection, and then transfer. In fact, there are indeed some large companies and large companies in their lives who use their dominant position and expertise to use “industry practices” as an excuse to openly infringe on consumers’ right to information and fair trade rights. In this regard, consumers can simply say "no" boldly and fight for their own rights.

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