In December 2004, the real estate developer Qinghai Huade Real Estate Co., Ltd. (hereinafter referred to as Party A) stated that there was a parcel of land in the north of the east extension section of Qiyi Road, Xining City (formerly the Provincial Local Products Company Warehouse) Department, "Huade Xinyuan" was built with the approval of Xining Zhoujiaquan Dangerous Houses Renovation Office and the Municipal Planning Department. Li Qingsheng, the former principal of No. 1 Middle School (has been transferred), represented the home buyer (hereinafter referred to as Party B) and Qinghai Huade Real Estate Co., Ltd. Legal representative Ren Shoude signed a group purchase agreement for commercial housing.
Since it is a school group ordering commercial housing, 45 households including some teachers of Xining No. 1 Middle School and teachers’ relatives and friends, with great trust in the school and school leaders, responded to the school’s call and agreed to Party A’s request. The conditions are: Party A signs a house purchase agreement with 45 households of faculty and staff and external fund-raising buyers who have great trust in the teachers' friends and relatives at a house price of 1,380 yuan per square meter, and pays an advance payment of nearly 40 yuan for the total house price, that is, (RMB 50,000 for households purchasing a house of 110 square meters and RMB 70,000 for households purchasing a house of 130 square meters) as Party A’s early development capital for the house. They also tacitly agreed to the condition that Party A pay the house price in full in one lump sum with a discount of 5 (limited to the end of April 2005). After negotiation between the two parties, a house purchase agreement was signed on December 31, 2004. After the agreement was signed, all the households who purchased the houses paid 50,000 yuan or 70,000 yuan in advance according to the agreement, and the final deposit for the house purchase was 2,590,000 yuan.
After signing the "Agreement on Group Ordering of Commercial Housing", the household heads began to wait happily for the completion of the new house. One year later, in April 2005, the delivery date stipulated in the agreement arrived. However, when there was still no movement on the house, Party B took the initiative to contact Party A, and Party A said that they were continuing to go through the relevant procedures and let the buyers Wait patiently and claim that Qinghai Huade Real Estate Company, which has hundreds of millions of assets and has a certain social influence in Xining, can still deceive people's teachers! At this time, Xining No. 1 Middle School came forward to do ideological work for the faculty, staff and external fundraisers who purchased the house, asking everyone to wait patiently. Because the school came forward, the teachers and staff who bought the house gave Party A a lot of understanding and trust, and persuaded the relatives and friends who bought the house to believe in the organization and themselves. However, the anxious waiting time passed day by day, and the news of house construction also disappeared. Today, four years later, there is some news, but Party A has seriously breached the contract. During this period, although Party B coordinated with the developer many times, there was no result at all. Over the past four years, all home-buying households have endured too much pressure and helplessness. Some have borrowed money from various places due to the rush to pay down payments, and are heavily in debt; some have sold their old houses and have no money to buy new ones, becoming truly houseless. Some have no money to buy other properties after paying a down payment, so they can only live with their parents; some rent a house for four years; some young teachers’ marriages have been postponed again and again because of this; older teachers, etc. Fang's marriage for his children was also delayed. The vast majority of people are worried because the housing has not been cashed in. With disappointment towards Party A and resentment towards the school, they engage in teaching work with great worries and spend every day in anticipation. Like every teacher who buys a house, as relatives and friends of teachers, off-campus home buyers are also in deep distress. Although the overdue house has affected the family and friendship in the past, out of trust in the school, I have been waiting patiently for my trust in people's teachers and firmly believe that Huade Real Estate Company will not lie to people, and the school will not lie to people.
However, nearly four years later, something strange happened! What I never expected was that on the open space of Huade Xinyuan on the contracted construction site, a high-rise commercial building, Building 1, and a 2-6-story Building 2, which is half residential and half said to be a hotel, were built. building. If we have the funds and land to build high-rise commercial housing, why not build a 130-square-meter residential building as agreed? This is what the law calls "transfer of possession of the house." Without the buyer's knowledge, the structure, area, nature, and use of the building have also undergone fundamental changes.
Is it driven by market interests? Or does the developer have other plans? The answer is obvious! Four years later, the selling price of high-rise commercial housing in this area has reached 2,600-2,800 yuan per square meter. Driven by interests, Huade Real Estate Company violated the agreement and built the house without the consent of the buyers. high-rise buildings and hotels in order to sell them at high prices. At that time, the agreement clearly stated that Party B purchased 45 residential buildings with 2-6 floors of commercial and residential buildings facing the street in Party A's "Huade Xinyuan", including 17 commercial houses of about 130 square meters and 28 commercial houses of 100 square meters (now known as Building No. 2) has not been fully realized. Except for Building No. 2 (of which only 20 units are residential units), the commercial housing of other home buyers has been overdue for four years and has disappeared! !
In this case, Huade Real Estate Company used clever words and tried every means to set up a trap. Home buyers who should be treated equally have been divided into two categories with ulterior motives. During the process of building and selling houses, Huade created conflicts within the teaching staff of No. 1 Middle School, but the same house buyers received different treatment. Unintentionally, it not only alienated the relationship between the teachers, but also added a lot of trouble to the school.
First of all, regarding the issue of Building No. 2, Huade Real Estate Company made it difficult for home buyers in every possible way. In July 2007, during the construction of Building 2, Huade required the 20 households in Building 2 to pay the entire house payment in cash within one week before giving them the keys. No loan or agreement was granted. With the 5% discount, under such requirements, kind-hearted home buyers borrowed money from multiple parties and paid off the entire house at 1,380 yuan per square meter. When Building No. 2 was completed in November 2007, it remained idle for nearly half a year and was still not handed over to residents. It was not until April 2008 that 20 house buyers were promised 2-6 storey commercial houses facing the street. Then Huade Real Estate Company violated the agreement and proposed a so-called project change amount, which increased by 312 yuan per square meter, and each household paid an additional 35,000 to 40,000 yuan. But in fact, the household owner in Building 2 not only did not receive the compensation that he should have, but the price was increased due to engineering changes that he had never seen. Such unreasonable demands aroused the anger of the household owner. There was an uproar for a while, and the residents complained. The agreement stipulates that any changes require the consent of the three parties, but before that, the home buyers had no knowledge of the so-called changes, let alone consent. For its own benefit, Huade Real Estate Company insisted on making changes on its own, and imposed the so-called expenses caused by the changes on the home buyers. Secondly, Huade Real Estate broke its promise and pushed the remaining 32 households into the tragic situation of being without a house. The fundraiser did not wait for the house, but instead waited for two harsh conditions put forward by the developer: either the high-rise building it built would be sold to non-householding households at a slightly lower price than the current market price. Either refund the advance payment and compensate for the meager so-called liquidated damages. What is even more outrageous is that if the 32 households without houses want to receive the liquidated damages stipulated in the agreement, they have to accept an additional harsh condition, requiring the buyers to return the purchased houses, and Party A will compensate Party B for liquidated damages of 10% of the total contract amount. (Party A only counts one year, and the four-year wait should be multiplied by 4).
By March 2008, the negotiations between the two parties fell into the Xinjiang situation again. A month later, out of desperation, teachers from Xining No. 1 Middle School and off-campus investors collectively reported the situation to the Letters and Calls Bureau. Afterwards, units including the Xining Municipal Education Bureau intervened in the matter and conducted many negotiations. Under pressure, Huade Real Estate Company increased the price of the 20 units in Building 2 from the originally agreed price of 1,388 yuan to 1,588 yuan/square meter. The other non-households who signed an agreement with Huade Real Estate Company four years ago no longer provide the 130 square meters of flat floor, only the upper floors of Building 1 are provided. The house price has increased from the original 1,380 yuan per square meter to 2,080 yuan per square meter. Allocate by yourself. The area of ??most of the houses provided is 147 square meters, and there are two units of 191 square meters and one unit of 203 square meters. The area exceeding the original signed agreement is calculated at 2,455 per square meter, and the buyers are forced to pay in one lump sum. The models cost up to 300,000 to 500,000 yuan. As a working-class teacher, who has the financial ability to not only afford a large apartment but also pay off the house in one lump sum. You also have to bear the contract for more than 144 square meters3 and all subsequent costs caused by the large area.
The purpose of Huade Real Estate Company is obvious, which is to refund each household a compensation of about 10,000 yuan (this is only calculated based on one year of default). In this way, the house that the house purchasers wanted to buy four years ago can only turn into a bubble. How can there be such truth in the world! It is simply outrageous!
This is really unheard of. Is it a simple breach of contract or is there fraud? Under the pressure of Huade Real Estate, all home buyers began to doubt the motives of the developer and the nature of the matter. Today’s housing prices cannot be compared with those four years ago. Four years ago, houses costing around 1,400 yuan per square meter were everywhere in good areas of Xining. If Party B’s faculty, staff, relatives and friends buy houses elsewhere, today they not only have good houses but also It is very likely that the house has been renovated and moved in. Not only are you enjoying the joy of a new house, but you are also saving money on decoration fees and buying furniture due to rising prices. The losses that all home buyers believe should be compensated include not only the return of the advance payment and four years of loan interest (not deposit interest), but also the foreseeable appreciation of the house and liquidated damages. At the same time, according to national laws, “When the building area or building area of ??the house delivered for use by the seller does not match the area stipulated in the commercial housing sales contract, the price of the house price exceeding 3 parts of the area error ratio shall be borne by the seller, and the ownership shall belong to the buyer. ”
1. The beginning of the agreement is clear: There is a parcel of land in the north of the east extension section of Qiyi Road in Xining City (formerly the Provincial Local Products Company Warehouse). The "Huade Xinyuan" will be built after approval from the planning department. However, after all the construction start-up procedures were completed in 2007, they repeatedly argued that the land acquisition was hopeless because the land's original unit was facing difficulties in the land transfer process. Problems with the construction of Building 4 caused the project to be shelved. Isn't this a contradiction? When the land issue has not been settled, they are eager to sign a house purchase agreement with the home buyer and obtain the advance payment. Relevant laws stipulate: “If the seller fails to obtain the commercial housing pre-sale license, the commercial housing pre-sale contract entered into with the buyer shall be deemed invalid.” Huade is building castles in the air without obtaining a permit? Is there any suspicion of misleading or deceiving Party B to invest (illegal fund-raising) from the source and before the agreement is signed?
2. The agreement clearly states that Party B purchased Party A’s commercial and residential building facing the street. However, without negotiation between the two parties, and even without Party B’s knowledge, Party A built the multi-story building facing the street without authorization. (Relevant laws stipulate that the transfer of possession of the house is deemed to be the delivery of the house for use), and forced Party B to purchase it according to the current house price, which seriously violated the agreement.
3. The agreement clarifies that one year will be from the date when both parties agree to start construction with the approval of relevant departments to the completion of construction. If Party A fails to deliver the work on time, Party B will be paid liquidated damages of 20,000% per day based on the number of overdue days.
The fundamental interests of the owners of Building 4 and Building 4 (130 square meters) have been seriously trampled on. Although the developer ostensibly wanted to resolve the contract issue, it responded that there would be no solution in Building 1 of Huade Xinyuan. tenants. However, times have changed. In the past four years, house prices have risen again and again. The area of ??the house purchased by the buyer has changed from 130 square meters in the agreement to 147-203 square meters. The house price has increased from 1,380 yuan per square meter to 2,080 yuan per square meter, exceeding 130 square meters. Meters are calculated at 2,455 yuan. In this way, based on 147 square meters, a set will cost more than 100,000 yuan. Who can afford it? Not only did the homebuyers’ hard-earned money become the working capital of the evil Huade Real Estate Company and was used in vain for four years, but the homebuyers not only did not get the new house they had been waiting for for four years, but also missed the opportunity to buy other houses. (For example, the new private house built next to No. 1 Middle School and the house raised by the Education Commission in the west of the city). This not only caused huge economic losses to kind-hearted home buyers, but also caused huge spiritual losses. Teachers were under such huge double pressure. Can I still do a good job and teach students well next time? The developer didn't consider the interests of us subscribers at all. They borrowed the chicken to lay the eggs and turned their backs when they used up the money.
“Developers just want to make money!” But you can’t make dirty money! All buyers, regardless of whether they own a house or not, are victims. It has now far exceeded the agreed delivery date, and it has been nearly four years since the agreement was signed.
House prices have risen from the original 1,380 yuan per square meter to the current 2,455 yuan per square meter. If the developer now returns the subscriber's advance payment, it will be impossible to buy the same commercial house at the current house price with the original payment. As a result, the subscribers suffered huge losses both materially and mentally. Moreover, when housing is developed, the advance payment has been used in vain as construction funds. After a joint reply, Party B strongly requested the real estate company to continue to perform the original agreement and resolve the problem sincerely. Households without housing can also give developers one year to build a house according to the location in the agreement (vacant land north of Building 2), multi-story structure, area of ??130 square meters, and price of 1,380 yuan per square meter. Actively raise funds, and after one year, pay the entire amount and enjoy a 5% discount. But a valid contract must not become a dead letter.
The developer's failure to comply with the contract is purely motivated by profit and is extremely unethical! As a large development company in Xining City, Huade should pay great attention to its reputation and credibility. Who knew they were so dishonest. This is the insidious and cunning face and essence of Hua De! Their unscrupulous behavior is completely contrary to the good environment that our country currently advocates to create a harmonious society and pay attention to people's livelihood. The fundamental interests of people's teachers and other home buyers have been ruthlessly trampled, and the harmonious life has been deliberately destroyed.
Under the impact of this incident, Party B fell into an extremely passive and miserable situation. Although it was coordinated by the Municipal Letters and Calls Bureau and the Municipal Education Commission, the final harsh results and the tough attitude of Huade Real Estate Company made Home buyers feel that they have no one to rely on, their hearts are scattered, they feel deceived and helpless. Everyone is working in extreme uneasiness and anxiety, and the enthusiasm and creativity of education have been greatly dampened. Teachers can no longer carry out teaching work with peace of mind. The harmonious educational environment has been broken, and the peaceful campus in the past has lost its tranquility. Foreign fundraisers are even more anxious and have nowhere to turn for help. In the helpless and helpless situation, all the home buyers collectively made a unanimous voice: Huade Real Estate Company is amassing money without ethics and is obsessed with interests. In order to create a harmonious society, build my home and give me justice! At the same time, we also issued a strong appeal to all sectors of society, asking the media and relevant government departments to pay attention to this matter and people's livelihood! Regulate the real estate market and protect consumer interests!
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