Big hua Yue court bridal chamber bundle 200 thousand decorate a package, salesman: understand all understand
Cao Wenfeng, a partner at Kingboda Law Firm, told Guanchuan.com that no matter what the salesman said, the developer did violate the law and should be punished by the housing administration and other administrative authorities.Secondly, as an adult, it is also effective for buyers to sign contracts to buy decoration packages on the premise of knowing the violation of bundling sales. If they want to refund through litigation after the event, combined with the judgment of the current court, it violates the principle of good faith and generally will not be supported by the court.(Article/Zhang Zhifeng editorial/Ma Yo-yo) The national property market is cold, but the New house market in Shanghai is polarized because of the policy of concentrated supply of new houses: no one comes to the market with low cost performance, and “high-quality real estate” is still hard to find.In particular, at the end of 2021, credit policy slightly relaxed, and let the market appear tail-end prices.According to Kreis Shanghai data, in 2021, the supply area of commercial housing in Shanghai will be 8,105,800 square meters, up 4.01% year on year;The total transaction value was 582.07 billion yuan, up 13.91% year on year. In January, the supply of new houses in Shanghai continued to be hot.According to the monitoring data of Shanghai Lianjia Research Institute, in January 2022, 15,638 new commercial houses were newly supplied in Shanghai, with a sequential growth of 59% and a year-on-year growth of 97%. The average total price of houses was 6.59 million yuan/set, and the average price was 60,225 yuan/square.In this context, the so-called “cost-effective” real estate in order to improve their own profit level, increase the down payment ratio, bundling sales and other housing market chaos frequent.”Is it okay not to buy a decoration package?”Recently, many house buyers are deeply hua Yue court “bind decorate package” troubled.Public information shows that the big Huayue court is located in Baoshan District Town, the developer of baoshan district’s local housing enterprises dahua Group.Although the surrounding environment of the project is poor, it is still favored by homebuyers due to its good location, relatively low declared average price of 57,600 yuan/square meter, and the developer is also a well-known local enterprise.However, arrived at the scene to be told that the purchase of new houses must buy the price of 80,000 yuan to 200,000 yuan decoration package, the follow-up project has a price of 400,000 yuan – 500,000 yuan compulsory binding service content.Almost every home buyer will habitually ask: can not buy decoration package?However, the salesman’s answer is very “clever”.Salesman A: “How can that be?Say not to buy decoration package delivery of the house you can not normally use ah, a lot of facilities do not do early, later can not be made, you buy a house is not to live?”Salesman B: “don’t embarrass me, the customer doesn’t buy, we come off duty.”Salesman C: “What?No amenities, no underfloor heating?It is better to look at other houses, anyway, the house here is not so good, the neighborhood is relatively shabby, many disadvantages.”Li Hao (pseudonym, the same below), one of the buyers, was not satisfied with this answer, so he repeatedly asked his sales manager (Manager Zhang).Manager Zhang finally admitted: “Understand all understand.The actual decoration is certainly not worth this price, but the company is to profit, now the house price limit this strict, we can only go from the decoration (profit).And compared with other network red disk, Dahua decoration package has been very cheap.”Both the developer and the owner are to blame, but that argument is still hard to convince some home buyers.So, some home buyers chose to call the police.Finally, under the mediation of the police, the police were able to buy the new house alone.Another part of the buyers chose to complain to the housing authority and other departments, 2 days later, the sales office posted a formula to agree with the owners to buy the decoration package voluntarily.Before this, the vast majority of home buyers have signed the contract, and the full amount of the new house down payment and decoration package, natural heart is unwilling to come to the sales office to protect their rights, required to return the decoration package payment, but was rejected by the developer.Dahua Group to the observer network said that there is no big Huayue Court bundled decoration loading services;Decoration upgrade for value-added services, for customers in the lottery after the success of the room, voluntary on-site decoration products to buy, open and transparent;The relevant process and complaint phone number of decoration and upgrade service purchase, and the complaint phone number of housing Administration supervision are publicized on the scene. If violations are found, corresponding complaints can be made.Cao Wenfeng, a partner at Kingboda Law Firm, told Guancha.cn that the issue should be viewed in two ways and both sides should be held responsible.First of all, no matter what the salesman said, the developer did force bundling violations, should receive corresponding penalties from the housing administration and other administrative bodies.Secondly, bundling is different from forced selling. As an adult, it is also effective for buyers to choose to sign contracts to buy decoration packages under the premise of knowing the violation of bundling sales. If they want to refund through litigation after the bundling, combined with the judgment of the current court, it violates the principle of good faith and generally will not be supported by the court.Therefore, Cao Wenfeng suggested that if the owners who bought the decoration package before want to claim refund due to the violation of bundling sales, they can actively communicate with the developer, or seek solutions through letters to the housing authority, the district government and other relevant departments.Why is it so often banned?In fact, this is not the first time that dahua group appears to bind the case that decorates a package compulsively.According to homebuyers and some media reports, the practice occurred at the opening of the first phase of the Grand Huachun Estate late last year, as well as at the Dahuachun and Jingming Yayuan apartments in Suzhou’s high-tech zone.According to online real estate information, the second phase of the Grand Huayue Court will open on January 25, with 499 apartments covering a total area of 51,486 square meters.The first phase of the project opened on Dec. 21, with 126 units covering 12,400 square meters.The current status of the project is sold out.An industry insider pointed out to Guancha.com.cn that many new housing projects have low profits or even lost money due to the current strict pricing policy and high land premiums in the past few years.Bundling by developers actually works the same way as subtraction delivery in order to get around price caps and increase profits.In addition, this kind of illegal sales chaos repeatedly banned, but also with the corresponding punishment is relatively light, let developers think that even if punished, still profitable has a lot to do.It is worth noting that, according to previous media reports, the plots of the two phases of The Grand Huayuting project were both in December 2019. For the urban village reconstruction project obtained by enterprises through concentrated bidding, the land premium rate was 0, and the average transaction price was 25,833 yuan/square meter and 25,164 yuan/square meter respectively, which were not high compared to the price of 57,600 yuan/square meter.Far from being unprofitable for business.As early as in 2017, Shanghai urban commission, Shanghai municipal price bureau issued “about strengthening commodity housing and ancillary facilities such as underground garage sales regulatory notice, commercial housing shall not exceed sales record price, shall not be binding or sell or additional conditions limit way, make the person that buy a house to accept the price of a commodity or service.Once verified, suspended net signing qualifications, serious circumstances reduced until the cancellation of real estate development enterprise qualifications, and listed in the city’s serious trust-breaking enterprise list.According to the above provisions, the intensity of punishment is not not heavy.Well-known real estate analyst Yan Yuejin observation network analysis believes that in recent years, there are more and more rights protection on the binding decoration, in addition to overlord terms, illegal sales, a big reason also lies in the developer in order to do high profits, the decoration results can not make the owners satisfied, or with the developer commitment to the decoration standard is too big.Yan Yuejin believes that for real estate enterprises, they should start from cost control and strengthening management to improve profits, rather than taking risks to drill loopholes in the rules. Once the incident occurs, they will not only accept inspection and suspend online registration, which will affect the marketing and payment collection progress of the enterprise, but also cause great damage to the brand reputation of the enterprise.According to public information, Dahua Group was established in 1988, headquartered in Shanghai. Its predecessor was Dachang Branch of Shanghai Baoshan District Housing Development Corporation, and it was a collectively owned enterprise of Dachang Town (former Dachang Township).In 1992, it was renamed Shanghai Dachang Real Estate Development and Management Company.In 1994, Jin Huiming, then the deputy mayor of Dachang Town, Baoshan District, became the general manager of Dachang Real Estate Development and Management Company.In 1998, Dachang Real Estate Development and Management Company was transformed into dahua (Group) Co., LTD. Jin Huiming has been the president, chairman and general manager of Dahua Group since then.In 2002, jin Huiming bought more than 48% of dahua’s shares with 52.82 million yuan in cash and became the actual controller of the group.He is also known as “The most cattle village branch secretary in Shanghai”.Until recently, the People’s Government of Dachang Town still holds about 10% of dahua Group’s equity. In addition, Jin Huiming once served as deputy mayor of Dachang Town and secretary of the General Party Branch of Xinhua Village. Dahua Group has invested numerous real estate projects in Baoshan District with Dachang as the core.In the online column of real estate new houses, baoshan District alone has “Dahua” in the name of the sale or sale of as many as 33 projects.Nowadays, Dahua Group has become a diversified enterprise group integrating real estate investment, development, construction and property management as well as investment management and commercial operation, ranking among China’s top 500.However, between the wave of capitalization and the “golden decade” of real estate, Dahua, still immersed in the title of “leading private real estate enterprises in Shanghai”, was isolated and missed the window period for enterprises to enter the country and expand comprehensively.When it comes back, it has almost dropped out of the list of the country’s top 100 housing enterprises.Since 2019, Dahua Group, with annual sales of 20 billion yuan, has officially put forward the “national expansion” strategy. In that year, it has entered Jiangmen, Dezhou, Xuzhou, Suzhou, Xianyang and lanzhou, an important town in northwest China. The national layout has been more than 20 key cities.Dahua Group’s newly added land storage value also rose from 19.53 billion yuan in 2018, ranking 89th among national real estate enterprises, to 72.02 billion yuan in 2019, ranking 38th in China.However, at that time, the real estate industry has entered the era of tight financing, new house price limit pressure regulation, Dahua’s “highlight moment” did not last long.But with the progress of the “national expansion” strategy, Dahua real estate cases throughout the country frequent, including both the above binding decoration cases, but also cardboard doors, false greening, reducing delivery and other quality problems, was dubbed by netizens as “front door queue to buy a house, back door cluster” typical.According to tianyan, Dahua Group has been involved in 304 judicial risks and 75 operational risks in recent years.Among them, 14 disputes were caused by property service contracts, ranking first;Twelve were disputes over housing sales contracts, ranking second.For failing to fulfill legal obligations on time, he was listed by the court as a person subjected to historical execution for 19 times, and the subject of execution was 4.364 million yuan.In addition, Dahua and its subsidiaries involved risks of more than 3300.Therefore, there are also industry speculation to the observer network, generally willing to risk illegal sales, repeatedly forbidden housing enterprises, mostly liquidity crisis, eager to replenish cash flow, maintain the normal operation of the company.In response to this, Dahua Group responded to guanchuan.com that the current operation of the enterprise is normal, there is no cash flow return problem, the company’s corresponding operation and financial indicators are in the three red line green grade, the operation is sound and good.This article is an exclusive article, shall not be reproduced without authorization.