(client of great river of · of great river newspaper carries reporter Chen Jun Zhang Qiao article pursues) did not buy room qualification, want to buy a room to draw out money dredge to concern can " pass forcedly " . This sounds " bully gas side leaks " acceptance, do not know to serve as the person that buy a house whether had you heard of? This year in August, the plan is bought in Zhengzhou secondhand the Ms. Li believe what one hears of the room this one acceptance of intermediary, the contract was signed with the bargainor below the case that does not have the qualification that buy a house. Now nowadays, intermediary is opposite not only before this " pass forcedly " affirmatory absolutely deny, ms. Li still is facing the risk that break a contact compensates for.
Did not buy room qualification however by intermediary " flicker " signed the contract that buy a house
"We child it is foreigner, want to buy a room not to know prices and policy however in Zhengzhou. This wanting that draw out money to look for intermediary to pursue ' rely on chart ' and be at ease, did not think of to be touched however on hapless thing. " speak of to rose in August from this year up to now the experience that buy a house, reader plum lady " gas does not hit one place to come " .
From native place new rural area the county that seal grave is hit to Zhengzhou spell old Ms. Li to sign up for a reporter to complain to the great river say, at the beginning of this year August, she celebrates the introduction of inn of key of region house friendly gold through general of golden water district, medium one is located in garden north road and country base the house near road across mouth. Seeing the next day of the room, ms. Li is in what a Liu of intermediary company surnames a manager to guide below, the agent in intermediary door inn and house-owner shade gentleman (the wife of shade gentleman) signed " building business contract " .
Ms. Li just understands when signing a contract, buy policy according to the bounds of Zhengzhou, she does not possess the qualification that buys a house in Zhengzhou. "It is OK that director of intermediary company Liu says ' pass forcedly ' , but need us to give certain expenses, and assure to there won't be any issues in later period, he says this has closed a bureau of canal wanting a house, again also won't somebody was in charge of. again also won't somebody was in charge of..
To confirm oneself view, ms. Li the phone recording that issued she and manager of intermediary company Liu to communicate to the reporter.
The reporter arrives in recording pleasant to the ear, this intermediary explained in detail to Ms. Li what is meant by " pass forcedly " , and enquire when Ms. Li alleged " pass forcedly " when whether breaking the law, this intermediary personnel expresses: "(this) it is to violate of compasses, but can do to you for certain. But can do to you for certain..
such, ms. Li falls in the acceptance of intermediary, signed the contract that buy a house with the bargainor.
"Intermediary says ' pass forcedly ' when the bargainor is attendant also, the bargainor knows I did not buy room qualification. " Ms. Li complement says.
Monopolize " pass forcedly " matters concerned, intermediary still writes down a proof to the person that buy a house
After signing a contract with the bargainor, ms. Li paid 50 thousand yuan of cash to intermediary company, agree twenty-seven thousand six hundred yuan among them serve as the deposit that buy a house, twenty-two thousand four hundred yuan regard intermediary as cost, intermediary also just opened a piece of lid to have to its " Zhengzhou gold crosses estate sale to engineer limited company " the receipt of official seal.
But Ms. Li course asks with all possible means, feeling " pass forcedly " some do not rely on be related chart. For insurance for the purpose of, on August 16, she enquires again.
To let Ms. Li be at ease, this intermediary personnel still wrote down a proof to her.
This piece of proof writes be like next model of written characters: "Plum × × (complain person plum lady, similarly hereinafter) buy intermediary of house of Jin Yinyang smooth town to just be in charge of pressing (should be how, complier is noted) be related of platoon change the name of owner in a register. The cost that produces by plum × him × is assumed. This charge has nothing to do with house money and charge of change the name of owner in a register. Besides cost issue, other just is in charge of solving by intermediary. Other just is in charge of solving by intermediary..
Lid of the place on 50 thousand yuan of receipt narrates before this proof lid has " Zhengzhou gold crosses estate sale to engineer limited company " official seal.
As to buying room knowledge understand with each passing day, ms. Li more and more do not be at ease this matter.
"I look later say on news, if in buying a house the individual forges relevant formalities, in the future once check, information writes down an individual to sign letter record related meeting general, influential also to buying room person, I look for intermediary to ask to cancel a contract. " Ms. Li says, when she raises this matter to intermediary, intermediary is answered however say this is break a contact of its home remedy, find out its responsibility of breach of contract even.
"Intermediary says landlord is not willing to remove deposit, intermediary expends me also otherwise came back. " Ms. Li says.
Intermediary personnel corrects oneself, do not talk " pass forcedly " be related
On August 31 afternoon, this intermediary that Ms. Li gets on to Pu Qinglu together undertakes reporter be accompanying dark visit. The reporter notices, the mark on the door head of this storefront has marked " Fang You " model of written characters and Logo, the style that uses 3 additionally not to have an eye is written have " golden key inn " model of written characters.
Negotiate inside inn room, the reporter saw manager of agency person Liu together with Ms. Li. He expresses, just already signed tripartite to buy room contract with person of carry out room and intermediary as a result of Ms. Li, if cancel to trade this because of home remedy of her individual reason, it is break a contact, need bears corresponding responsibility.
What before be aimed at this, say " pass forcedly " be related, liu manager absolutely deny, say its are only responsible " change the name of owner in a register " , and cannot solve " be restricted to buy " .
"Acceptance is done not have in the proof that I keep to you you are solved be restricted to buy, change the name of owner in a register and be restricted to buy is two different matters. " Liu director says.
Ms. Li examines minutely why Liu manager knows perfectly well her not to possess the qualification that buy a house even when collection intermediary charge, liu manager gave a such ideas to Ms. Li: "Region house is in charge of east of the bureau handle affairs in the hall, a lot of send calling card to say to be able to be solved be restricted buy, you can go there try. You can go there try..
Put forward inquire for when Ms. Li when this inn controller, liu director says its are the controller of this inn, express this intermediary storefront that oneself manage, be house friendly company join in inn.
Chat finally, liu director says, if Ms. Li does not wish to accept current condition, can solve a problem through legal lawsuit.
On September 18 morning, ms. Li feedbacks to the reporter again, state intermediary says course and bargainor are communicated, can remove contract of this one business, but premise is, ms. Li pays 20 thousand yuan compensation to the bargainor.
Sectional view
The room runs bureau intervening investigation, remind the person that buy a house not credulous acceptance
On September 18 afternoon, taking the issue that Ms. Li place reflects, client of great river of · of great river newspaper carries a reporter to supervise administrative office to undertake advisory.
The market supervises management to be in relevant controller to express, as a person that buy a house, the policy of place that buy a house ought to be familiar with before buying a house, this is crucial to protecting this legitimate rights and interests. Classics inquiry, what intermediary company place shows in lid official seal " Zhengzhou gold crosses estate sale to engineer limited company " not was in room canal branch undertakes putting on record.
About alleged " pass forcedly " acceptance, office of market supervisory government is more than already had received complain. "Most ' pass forcedly ' acceptance is a kind of cover actually, hitting ' pass forcedly ' the money of the person that banner goes earning the not familiar policy that buy a house to buy a house. " afore-mentioned controller express, because buy a house person do not understand buy room policy, knowledge very, even oneself do not know oneself are had actually add up to the qualification buying a house of compasses, and by intermediary " corrupt weather meritorious service is personal result " collection is so called " pass forcedly " charge.
Subsequently, afore-mentioned controller record the telephone call that issued Ms. Li, express to will arrange a staff member to begin to undertake investigating to this matter, after waiting for its understanding to be clear about, reply with Ms. Li again. Meanwhile, he also reminds broad the person that buy a house, when undertaking the room trades putting an amount, practitioner of not credulous intermediary is alleged " pass forcedly " , " relative " wait for acceptance, the worth that gives oneself brings a loss.
The lawyer reminds
Buy a house " format chemical combination is the same as " also but handwritten and additional relevant provision
Beijing Beijing division (Zhengzhou) senior partner Liu Guo's lawyer represents attorney office, according to our country " contract law " regulation, the contract that establishs lawfully, bilateral to the contract party all has cabined power, accordingly, even if the person buying a house that did not buy room qualification and the agreement that person selling a house concludes, the person that buy a house still cannot buy a house with doing not have the agreement removes arbitrarily for the qualification. If because do not have,buy room person,buy room qualification and nonperformance agreement, want to undertake corresponding responsibility of breach of contract.
What answer relatively to it is, if the bargainor is in,know buyer not to have the situation that did not buy room qualification to fall, still conclude with its the agreement that buy a house, can regard its as to also have fault to harm happening, can reduce the liability of the person that buy a house. In be being carried out however, below the case that intermediary intervenes, the person that buy a house should prove person selling a house is right its " without the qualification that buy a house fact of this be related is known perfectly well " the thing that is special difficulty commonly, and Ms. Li in this case also is this kind of circumstance.
"Buy room trap to avoid to fall, the proposal buys room person to reflect the item of intermediary acceptance in the agreement that buy a house according to the facts or in intermediary agreement, in order to safeguard oneself legitimate rights and interests. " the person that Liu Guo reminds everybody to buy a house, when buying a house, buyers and sellers signs often be " format chemical combination is the same as " , but if you feel to have among them,did not use up matters concerned, the commitment that makes to place of other one party of intermediary or buying and selling especially is put in the circumstance that is not at ease, but will concrete agreement is handwritten after be being added in pattern contract provision, sign through both sides, come to an agreement by the means such as fingerprint. (edit Ji Xiaoping)
