In the process that signs contract of the room that order, the very much person that buy a house may encounter a few inequity " clause of Xiang Yu the Conqueror " . The article of inequity of pair of what the person that buy a house to have after all? The person that buy a house should how should?
1. subscribe deposit is difficult remand
"Clause of Xiang Yu the Conqueror " one: Subscribe just chooses lump-sum payment, should paid when signing afore-mentioned business contracts whole house money, subscribe deposit turns automatically the money that it is a room, the place of the person that buy a house that exceeds capture to expend deadline hands in subscribe deposit not to grant to return.
Commodity house business has the characteristic with large amount, the person that buy a house should ask to develop business to withhold a paragraph for oneself " hesitation period " , facilitate sufficient consideration time will decide final it is to choose to buy a house or abandon. If be in " hesitation period " inside the requirement returns deposit, do not apply to deposit law.
2. one-sided enlarges end an agreement to counterpoise
"Clause of Xiang Yu the Conqueror " 2: Sign book of commodity house subscribe 10 days inside, subscribe just fails delivery house money, development business has authority to confiscate subscribe square place to pay deposit, can sell this property separately, need not inform subscribe square.
"Confiscate " belong to mandatory act, have national administration and judiciary ability only lawfully exercise this kind of powers and authorities of office, other any organizations and individual have no right to confiscate a citizen lawful belongings. Any one party party that sign subscribe book do not get change of do sth without authorization to perhaps remove contract.
Disclaimer of 3. clever design
"Clause of Xiang Yu the Conqueror " 3: Before signing the formal contract that buy a house, if because develop business one-sided reason to cause this property,cannot sell, development business does not suffer any agreements to restrain, the deposit that needs to return collection only can, need not add accrual or compensation.
According to the legal relevant provision to book of commodity house subscribe, the one party selling a house of collection deposit if break a contact, should times doubler return return deposit. But afore-mentioned " clause of Xiang Yu the Conqueror " if develop business one-sided occurrence fault,mean, won't be punished not only, also need not bear the accrual loss of subscribe one party. Because law sets related this basis, this belongs to apparent irregularity, invalid clause.
The responsibility of breach of contract with not quits 4.
"Clause of Xiang Yu the Conqueror " 4: The person that the house buys house property consign before developing business to must be in some day is used, if open hair or that delay to make a room, criterion every delay a month, already paid the 3% computation of house money fine according to the person that buy a house, pay the person that buy a house to serve as compensation. Conversely, if buy a house person fail on schedule to money of quiet room of development business pay, count beak a contract, those who develop business to authority deducts the person that buy a house to already made house money 10% as penalty due to breach of contract, do not grant to deal with formalities of house property change the name of owner in a register at the same time.
Afore-mentioned " clause of Xiang Yu the Conqueror " the circumstance with the not quits responsibility of breach of contract with apparent existence. Overall and character, advantageous to developing business, right the person that buy a house is adverse, the fair principle photograph with law is violated. The person that buy a house can apply a court of justice or arbitral orgnaization gives cancel perhaps undertakes modificatory to the clause.
5. " one room 2 sell " form con
"Clause of Xiang Yu the Conqueror " 5: After development business and autograph of the person that buy a house order room subscribe book, both sides all does not get beak a contract. If develop business to give tripartite house property resell, develop business to deal with the person that buy a house to already paid a room the money 3% compensate for as economy; Be like the person that buy a house to violate the agreement of subscribe book, privately returns a house, count beak a contract, the person that buy a house should pay total room the money 3% as penalty due to breach of contract, place of the person that buy a house pays deposit to cannot be returned still.
"One room 2 sell " the fraudulent action that is a model, development business agree carries pair of times liability to pay compensation. But the partial responsibility of breach of contract that afore-mentioned clauses prevented development trade and enroach on the legitimate rights and interests of the person that buy a house, belong to break the law, invalid clause.
