Consumers said they paid the deposit after confirming that the provident fund was available after the sale. The developer said it had been informed that the specific policy would prevail

A few days ago, the reporter received a report from Ms. Liu saying that due to being harassed by the salesperson I paid a deposit of 50,000 yuan to buy a house. I later found out that I couldn't buy the house as planned. Now I can't get the deposit back. I'm very anxious.

Complaint

The deposit will not be refunded if the loan cannot be applied for

Ms. Liu told reporters that during the National Day holiday, she and her family were in a building near Zhuhai North Railway Station. I took a fancy to a house. "Since my registered permanent residence is in Guangzhou and my provident fund is from Guangzhou, I wanted to use the provident fund loan to buy a house. At that time, the salesperson told me with great certainty that Guangzhou's provident fund can be used as a loan to buy a house in Zhuhai, and the money in it can also be withdrawn and used. I paid 50,000 yuan as a deposit. "Who knew that I called the Guangzhou Provident Fund Center to ask, and the reply was that I couldn't get a loan to buy a house in Zhuhai, and the same was true from the Zhuhai Provident Fund Center."

Unable to use the provident fund loan to buy a house as planned, and unable to withdraw the deposit from the provident fund as a down payment based on the subscription agreement, Ms. Liu found it difficult to buy a house. She wanted to return the 50,000 yuan deposit and then make plans, but was rejected by the salesperson. Be informed that the deposit is non-refundable. If the down payment is not paid on time, the house will be liquidated and the deposit cannot be refunded. Seeing that 50,000 yuan was about to be wasted, Ms. Liu became anxious.

“At that time, they told me very definitely that it was possible, and it could be used in the entire Pearl River Delta. They also said that even Qingdao’s provident fund could be used in Zhuhai, as long as you brought your marriage certificate, household registration booklet, ID card and signed the I only need to submit the subscription agreement, so I paid a deposit of 50,000 yuan. Now I can’t use it, and they don’t admit that they said these things.” Ms. Liu said, “How could I know that I couldn’t withdraw the provident fund and the down payment was not enough. But you still have to pay a deposit of 50,000 yuan?”

According to the phone number provided by Ms. Liu, the reporter called the Guangzhou Provident Fund Center and received a reply consistent with what Ms. Liu said. The accumulated provident fund cannot be used in Zhuhai.

Currently, Ms. Liu has complained to the Zhuhai Consumers Association.

The developer

has been informed that specific policies will prevail

Subsequently, the reporter contacted Ms. Wen, the brand manager of the property in Zhuhai. Ms. Wen learned about After the situation, it was stated that according to the feedback from the marketing manager, it was inconsistent with the content of the customer's complaint.

Ms. Wen said that according to what she learned, the customer was an employee dispatched by an organization in Guangzhou to work in Zhuhai. At that time, she did ask whether she could use a provident fund loan, and the on-site salesperson also said that according to their Previous experience is okay, but not sure. "Our marketing manager also specifically told her that the specific policies of the Guangzhou Provident Fund Center should prevail. Moreover, there is a clause in the signed subscription letter that clearly states that the verbal commitment of Party A's sales staff will not prevail. "The customer himself signed the subscription letter after knowing these circumstances." Ms. Wen said: "Based on what we learned, we feel that the customer made these excuses because he did not want to buy a house."

In response to the statement given by the person in charge, Ms. Liu said: "They did not say at all that the Guangzhou provident fund policy would prevail." Ms. Liu said: "If I did not use a provident fund loan for my first house, I would use a provident fund loan for my second house. No. I told them in advance that I don’t have to worry about my provident fund.”

Lawyers

It is best to make sales commitments in writing

According to the subscription agreement provided by the reporter, Ms. Liu, it does contain Article 9 emphasized by Ms. Wen, the brand manager of the project, which reads: Any oral or written commitments or related commitments issued by Party A’s sales staff. Neither party can be regarded as an expression of intention by Party A. All rights and obligations of both parties shall be subject to the provisions of this Subscription Agreement.

The reporter then contacted a lawyer, who pointed out that this was against the law. Lawyers said that there are currently two situations in Zhuhai. One is the sales staff hired by the developers themselves. Any promises or introductions they make at the sales venue are legally considered official behaviors and they represent the developers; They are outsourced sales staff from other companies. As long as there is an authorized marketing company to sell as an agent and have authorized behavior, they can also represent the developer.

"I think it is against the law for the developer to say in the subscription agreement that it does not represent the company. This clause also has no legal effect." The lawyer said.

As for the 50,000 yuan deposit that Ms. Liu previously paid, the lawyer said that Ms. Liu must have sufficient evidence to prove that the salesperson made the purchase after informing her that Guangzhou’s provident fund could be used to buy the house. , otherwise it will be more troublesome to recover the deposit.

Lawyers suggest that when citizens purchase a house, it is best to require them to provide a written commitment or write it in the subscription letter for their commitment to sales, and collect relevant evidence.