As the commercial housing was ordered by a school group, 45 households, including some teachers, teachers' relatives and friends in Party B's Xining No.1 Middle School, responded to the call of the school with great trust in the school and its leaders, and agreed to the conditions of Party A, that is, Party A signed a house purchase agreement with 45 faculty members and foreign fund-raising buyers who trusted teachers' relatives and friends very much, and paid nearly 40% of the total house price in advance. That is, (1 10 m2 house buyer is RMB 50,000, and 130 m2 house buyer is RMB 70,000) as the pre-development fund of Party A's house. It also acquiesced in Party A's one-time payment, with a 15% discount (before the end of April 2005). After negotiation, the house subscription agreement was signed on June 5438+February 3 1 2004. After the signing of the agreement, all the buyers raised funds in various ways, and each household paid 50,000 yuan or 70,000 yuan in advance according to the agreement, and * * * paid a house purchase deposit of 2.59 million yuan.
After signing the agreement of ordering commercial housing by groups, the householders began to wait for the completion of the new house with great joy. One year later, in April, 2005, the delivery date stipulated in the agreement arrived, but under the condition that the house had not moved, Party B took the initiative to contact Party A, and Party A said that they were continuing to go through the relevant procedures to make the buyers wait patiently, and claimed that Qinghai Huade Real Estate Company, which has hundreds of millions of assets and has certain social influence in Xining, could still cheat people's teachers! At this time, the school of Xining No.1 Middle School came forward to do the ideological work of faculty and foreign fund-raisers, so that everyone could wait patiently. Because the school came forward, the staff who bought the house gave great understanding and trust to Party A, 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 building a house sank into the sea. 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. In the past four years, all property buyers have suffered too much pressure and helplessness, and some are heavily in debt because they are in a hurry to pay in advance. Some have sold their old houses, but the new ones are nowhere to be found, and they have become veritable households without houses; Some people have no money to buy other properties because they have paid the advance payment, so they can only squeeze together with their parents; Some rent for four years; The wedding date of some young teachers has also been postponed; Older teachers can't wait for their children to get married. Most people are worried about the delay in realizing their houses. With disappointment to Party A and resentment to the school, they are engaged in teaching with heavy worries and spend every day in expectation. Like every teacher who buys a house, as relatives and friends of the teacher, people who raise money to buy a house outside the school are also deeply distressed. Although the overdue housing affected the previous family friendship, they have been waiting patiently and firmly believe that Huade Real Estate Company will not deceive people, and the school will not deceive people out of its trust in schools and people's teachers.
However, nearly four years later, something strange happened! Unexpectedly, a high-rise commercial house in building 1 and a building with 2-6 floors, half of which are houses and half of which are said to be hotels, have sprung up in the open space of Huade Xinyuan. There are funds and land for building high-rise commercial housing, why not build 130 square meters residential building as agreed? This is what the law calls "transfer of house possession". Without the knowledge of the buyers, the structure, area, nature and use of the building have also undergone fundamental changes. Is it the trend of market interests? Or does the developer have other plans? Unknown answer! After four years, the price of high-rise commercial housing in this area has reached 2600-2800 yuan per square meter. Driven by the interests, Huade Real Estate Company violated the agreement to build high-rise buildings and hotels without the consent of the buyers, so as to achieve the purpose of selling at high prices. At that time, it was clearly stated in the agreement that Party B purchased 45 apartments on the 2nd-6th floors of Party A's "Huade Xinyuan" street-facing commercial and residential building, including 7 apartments with an area of130m2 and 28 apartments with an area of100m2 (now called Building 2), which were not fully realized. Except for the completion of Building 2 (only 20 of which are residential buildings), other buyers. !
In this case, Huade Real Estate Company tried its best to set up a set of tricks. Buyers who should be treated equally are divided into two categories with ulterior motives. Huade creates contradictions for the employees of No.1 Middle School in the process of building and selling houses, but the same property buyers are treated differently. Inadvertently, it not only alienated the relationship between teachers, but also added a lot of trouble to the school.
First of all, on the issue of Building 2, Huade Real Estate Company made things difficult for buyers in every way. In July 2007, during the construction of Building No.2, Huade asked 20 households in Building No.2 to pay off all the house payment in cash within one week before giving them the keys. No loans were allowed, and no 15% discount was given to them. Under such requirements, well-intentioned property buyers borrowed from many parties and paid off all the house payment at the price of 1.380 yuan per square meter. When Building 2 was completed on June 5438+065438+ 10, 2007, it was idle for nearly half a year, and it has not been delivered to the residents yet. Until April 2008, 20 buyers were promised 2-6 storeys of commercial housing facing the street. Then Huade Real Estate Company violated the agreement and proposed the so-called engineering quantity change, with an increase of 3 12 yuan per square meter and an extra payment of 35,000-40,000 yuan per household. But in fact, the owner of Building No.2 not only didn't get the compensation, but was replaced by a project he had never seen before, raising the price. Such unreasonable demands aroused the anger of the shopkeeper. At that time, there was an uproar and residents complained. According to the agreement, any change requires the consent of the three parties through consultation, and before that, the buyers simply didn't know the so-called change, let alone agree. Huade Real Estate Company, for its own benefit, went its own way and changed it separately, imposing the so-called expenses generated by the change on the buyers. Secondly, Huade real estate is treacherous, forcing the remaining 32 households to a miserable situation where there is no room to live. Instead of waiting for the house, the fund-raiser waited for two harsh conditions put forward by the developers: either sell the high-rise buildings they built to households without houses at a slightly preferential market price. Either refund the advance payment and compensate the meager so-called liquidated damages. What is even more infuriating is that 32 houseless households have to accept an additional harsh condition if they want to get the liquidated damages stipulated in the agreement, requiring the purchaser to return the purchased house, and Party A will compensate Party B for the liquidated damages of 10% of the total contract amount. (Party A only counts one year, and the waiting time of four years should be multiplied by 4).
By March 2008, the negotiations between the two sides had once again fallen into the Xinjiang Bureau. A month later, teachers and off-campus investors from Xining No.1 Middle School collectively reported the situation to the Bureau of Letters and Calls. Afterwards, including Xining Education Bureau and other units were involved in this matter and made many representations. Under pressure, Huade Real Estate Company raised 20 apartments in Building 2 from the original agreement of 1.38 yuan to 1.588 yuan/square meter. In the agreement signed by other houseless households with Huade Real Estate Company four years ago, the flat floor of 130 square meters was no longer provided, but only the top floor of 1 building, and the house price was raised from 1380 yuan to 2,080 yuan per square meter, which was allocated by No.1 Middle School. The housing area provided is mostly 147 square meters, with two sets of 1, 9 1 square meters and one set of 203 square meters. The part exceeding the original contracted area is calculated as 2,455 square meters, forcing the buyers to make a one-time payment. As high as 300,000 to 500,000, as a working-class teacher, he has such economic ability, not only to pay for a large apartment, but also to pay off the house price in one lump sum. It will also bear the contract of more than 144 square meters, 3% and all the later expenses incurred in a large area. The purpose of Huade Real Estate Company is obvious, that is, to refund compensation of about 10,000 yuan to each household (this is only calculated according to one-year default). In this way, the house that buyers wanted to buy four years ago can only become a bubble. How can there be such a truth in the world? God bless!
This is really unheard of. Is it a simple breach of contract or fraud? Under the pressure of Huade Real Estate, all buyers began to doubt the motivation of developers and the nature of things. The house price today can't be compared with that of four years ago. Four years ago, a good location in Xining,1.4000 square meters of houses were everywhere. If Party B's staff, relatives and friends bought houses elsewhere, they would not only have a good house today, but also have already decorated it and moved in, which not only enjoyed the happiness of the new house, but also saved the expenses of decoration and furniture purchase brought about by rising prices. All property buyers believe that the losses that should be compensated include not only the return of prepaid house payment, four-year loan interest (non-deposit interest), but also the foreseeable value of house appreciation and the liability for breach of contract. At the same time, according to national laws and regulations, "If the interior construction area of the house delivered by the seller or the construction area is inconsistent with the area agreed in the commercial housing sales contract, the house price for the area error ratio exceeding 3% shall be borne by the seller and the ownership shall be owned by the buyer."
1. It is clear at the beginning of the agreement that there is a plot (the warehouse of the former provincial native products company) on the north side of the Dongyan section of Qiyi Road in Xining City, and the "Huade New Garden" will be built after the approval of the renovation office of Zhoujiaquan dilapidated house in Xining City and the municipal planning department. However, after all the construction procedures were completed in 2007, due to the difficulties encountered by the original land units in the process of land transfer, it was repeatedly said that land acquisition was hopeless. The project ran aground due to the construction of Building 4. Isn't this a contradiction? In the case that the land problem has not been put in place, they are eager to sign a purchase agreement with the buyers and get the advance payment. Relevant laws stipulate: "If the seller fails to obtain the pre-sale permit of commercial housing, the pre-sale contract of commercial housing concluded with the buyer shall be deemed invalid". Edward is building castles in the air with a permit? Is there any suspicion of misleading or deceiving Party B's investment (illegal fund-raising) from the source and before signing the agreement?
2. It is clearly stated in the agreement that Party B purchased Party A's commercial and residential building facing the street, but without consultation between both parties or even without Party B's knowledge, Party A built the multi-storey building facing the street into a high-rise building without authorization (relevant laws stipulate that the transfer of possession of the house is regarded as delivery of the house), and forced Party B to buy it at the current house price, which seriously violated the agreement.
3. It is clearly stipulated in the agreement that the period from the date when both parties agree to start construction with the approval of relevant departments to the date of completion is 65,438+0 years. If Party A fails to deliver the work, it shall pay Party B a penalty of two ten thousandths per day for the overdue days.
The fundamental interests of the residents of Building 4.4 (total area 1 30m2) have been seriously trampled, although the developer apparently replied to solve the contract problem of Building Huade Xinyuan1. However, times have changed. In the past four years, house prices have gone up and up again. The housing area of the purchaser is changed from 130 m2 in the agreement to 147-203 m2, and the house price is raised from 1380 yuan to 2080 yuan per m2. If it exceeds 130 square meters, it will be calculated as 2455 yuan. In this way, according to the calculation of 147 square meters, a set will rise by hundreds of thousands, who can bear it! Not only did the hard-earned money of property buyers become "black-hearted", Huade Real Estate Company spent four years of working capital in vain, but property buyers also failed to get the new house they had been looking forward to for four years and missed the opportunity to buy other houses. (for example, Xinmin Jiayuan built next to No.1 Middle School and the house raised by Chengxi Education Committee), which not only caused huge economic losses to good buyers, but also caused huge mental losses. Can teachers do a good job and teach students well under such great double pressure? Developers simply don't consider the interests of our subscribers, borrow chickens to lay eggs, and turn their faces when they run out.
"Developers just want to make money!" But you can't make dirty money! All subscribers, whether they have a house or not, are victims. Now it has far exceeded the agreed delivery date, and nearly four years have passed since the agreement was signed. The house price has risen from the original 1380 yuan per square meter to the current 2,455 yuan per square meter. If the developer returns the advance payment of the subscriber now, it is impossible to buy a commercial house with the same price as the original price at the current price. As a result, subscribers will suffer huge material and spiritual losses. Moreover, when developing a house, the prepaid house payment has been used for construction funds in vain. After a joint reply, Party B strongly requested the real estate company to continue to perform the original agreement and solve the problem sincerely. Houseless households can also give developers a year to build houses at the agreed location (the open space in the north of Building No.2) with a multi-storey structure, with an area of 1.300 square meters and a price of 1.380 yuan per square meter. After one year, they will actively raise funds and pay the full amount, enjoying a 15% discount. But a valid contract cannot be a dead letter.
Developers do not abide by the contract, purely profit-driven, immoral to the extreme! As a large development company in Xining, Huade should pay great attention to its own reputation and credibility. Who knew they were so dishonest? This is Ward's sinister face and nature! Their cynical behavior is completely contrary to the excellent environment advocated by our country to create a harmonious society and pay attention to people's livelihood. The fundamental interests of people's teachers and other buyers have been ruthlessly trampled on, and the harmonious life has been intentionally destroyed.
Under the impact of this incident, Party B fell into an extremely passive and tragic situation. Although coordinated by the Municipal Bureau of Letters and Calls and the Municipal Education Commission, the harsh results and the tough attitude of Huade Real Estate Company finally made buyers feel that there was no one to follow, people were distracted, and they felt cheated and helpless. Everyone is working in extreme anxiety and anxiety, and the enthusiasm and creativity of education have been greatly dampened. Teachers have been unable to work with peace of mind, the harmonious educational environment has been broken, and the quiet campus in the past has lost its tranquility. Foreign fund-raisers are more anxious and have no recourse. In desperation and helplessness, all property buyers collectively issued the same voice: Huade Real Estate Company has no virtue to collect money, and its interests are suffocating. Building my home harmoniously will give me justice! At the same time, it 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! Standardize the real estate market and protect the interests of consumers!
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