Owner breaks down sue! Rich force marks a price room of 200 much clothbound, doorcase is out of shap

Author | Sea of city bound the Qin Dynasty is clear

Editor | Often take

On March 25, li Liang took money of 180 thousand yuan of compensation eventually.

Right now, be apart from rich force owner of 10 gardens foreign room sues estate of rich force Nanjing centrally the ground develops limited company (next weighing " Fu Lina Beijing " ) already went more than 4 years. During, li Liang still cost 100 thousand yuan to undertake decorating afresh to the clothbound house that buys at the outset.

Because essence of life is decorated,change " Jing is decorated " , nanjing rich force of 10 gardens tens of owner with one action tells development dealer the court. In experience first instance, 2 careful adjudicate after losing a lawsuit, li Liang and tens of neighbour welcomed a victory eventually: Nanjing of rich force of Nanjing quadrangle change the original sentence compensates for owner to decorate price difference.

Li Liang won the lawsuit, the bow wave that lawsuit causes just just begins. Receive compensation in him that day, 9 rooms look forward to sends a Jiangsu the cosignatory report of Jiangsu tall courtyard, get round flows on the net.

The net is passed " report " say, since 2018, nanjing quadrangle is rich force Nanjing and tens of the rehear court decision that buys house of room person commodity to open to booking case of contract dispute series to make, follow the lead of of owner of room of your Nanjing numerous clothbound this case, reject to control a house, the requirement undertakes decorating nuclear price and return price difference. Some buildings dish appear even in the morning the open quotation, circumstance that thought fors the time being afternoon.

For this, afore-mentioned 9 rooms look forward to adjure a court jointly to be opposite room person buys in this kind of case decorate nuclear price to reach the request that retreat difference to consider cautiously, adjure a court to give attention to contentious case of this kind of group, discreet processing.

Is body of He Ji of predestined relationship of business of house property development panicky? Can the court decision of Nanjing quadrangle cause chain reaction in each district?

May 2014, the rich power that Li Liang bought Nanjing of a rich force to develop 10 gardens foreign room, 132 smooth rice, total prices 2.9 million the left and right sides. When the end of the year controls a house, li Liang was stupefied.

The basis is rich at that time force Nanjing is fair those who show " commodity house opens to booking plan " , clothbound repairs quote standard to be 4500 yuan / ㎡. The clothbound of such high price builds finished product house, appear however doorcase is out of shape, attaint of strike of wall brick air, furniture, circuitry is bare wait for a series of problems. Accordingly, li Liang rejects to control a house.

Li Liang offers a plan

Li Liang offers a plan

More than Li Liang, 366 essence of 10 consign decorate rich force in house property, only 10 owner control a house normally. Subsequently, rich force 10 owner people with Fu Lina Beijing for many times bargaining, development business acceptance undertakes rectifying and reform to the building, rectify and reform the effect not to have decretal owner however people satisfactory.

Include Li Liang inside tens of owner thinks, rich force Nanjing claims every make the same score meter of 4500 yuan clothbound to repair, the likelihood does not have even the half. The view of Nanjing of rich at that time force is, according to contract provision, the condition of building consign is to obtain complete to check and accept put on record, this also is the only standard of consign, owner mirrors decorate quality problem and not be contract agreement, so the house accords with pay level.

Both sides sticks to his argument, each other is uncompromising, till litigate.

When first instance, 2 careful, owner all loses a lawsuit. The court thinks, development business serves as a bargainor, have own price right, the person that buy a house also has option, the relevant agreement that both sides signs is not lawbreaking regulation.

After losing a lawsuit twice, one part owner abandons continueing to appeal, more owner chooses make a stand against after all. On December 28, 2017, nanjing quadrangle make rehear adjudicate, cancel one, 2 careful adjudicate a result, real estate of rich power of Nanjing of change the original sentence compensates for owner to decorate price difference.

When case rehear, nanjing quadrangle entrusts Jiangsu to consult limited company into the project greatly (next weighing " Jiangsu is become greatly " ) , to be the same as a type, 10 clothbound build the rich power that owner Tong Keya buys the building has identification.

On October 9, 2017, on October 16, jiangsu is become greatly issue respectively " book of project cost survey report " and " complement of judicatory survey report explains " . Survey report shows, what Tong Keya buys a house indoor decorate appraisal amount 273136.5 yuan, among them plan cost 4553.27 yuan, taxes 6300.06 yuan, profit 5468.34 yuan. Cover inside floor area 108.13 square metre, amount of appraisal of every smooth rice cost is 2526 yuan.

Of appraisal result and rich force Nanjing call value, every make the same score rice to differ nearly 2000 yuan.

Rich power company pledges evidence says, every square metre is not bilateral contract agreement 4500 yuan decorate pay level, 4500 yuan show is sale unit price, not be to decorate a level, because this is right,give the verdict that come by derivation of cost of 4500 yuan of every square metre, do not grant to approbate.

Rich force Nanjing " commodity house opens to booking plan " in 4500 yuan / square metre decorates unit price, whether regard bilateral contract as content, make the controversy point with this the biggest case.

Nanjing quadrangle rehear thinks, basis " byelaw of buying operation of estate of city of Jiangsu provincial capital " thirteenth the 2nd regulation, " commodity house opens to booking plan " the necessary data that fastens estate to develop an enterprise to declare commodity house to open to booking a license to house property management department, the compensatory agreement thirteenth that bilateral party signs cut into parts bright " involved material, graphic representation, data all approve a file to be with governmental director branch accurate " , the material that declares commodity house to open to booking licence is belonged to should approve a document, and " commodity house opens to booking plan " carry bright 4500 yuan / the monovalent information that square metre decorates already was in " main rooms of Nanjing city net is landed " the net undertakes to whole society fair show, according to the agreement of compensatory agreement, " commodity house opens to booking plan " in bright the shown content that decorates monovalent information to should regard bilateral contract right as obligation.

Afore-mentioned " regulation " the 15th the first section provision " distributors of estate development company tastes a room, ought to to buy Fang Renming to show valuation means and valuation basis " . " commodity house opens to booking plan " carry bright 4500 yuan / square metre information should regard rich power company as to build valuation kind to the clothbound that buys Fang Renming to show, rich power company advocates this unit price is sale unit price only, not be to decorate a level, this view and the regulation of afore-mentioned administrative regulations not agree with, nanjing quadrangle rehear does not grant to collect a letter.

The court is maintained finally, " commodity house opens to booking plan " carry bright decorate monovalent information to be opposite sanction of the law that be had by the applicant. Accordingly, nanjing quadrangle cancel the court decision of first instance, 2 careful.

Xu Bin of house property lawyer tells city the group, "This case first instance, 2 careful (owner loses a lawsuit) it is countrywide each district is very common actually sentence a law, however rehear is not common. However rehear is not common..

Zhong Yancheng's lawyer also thinks, the probability of rehear change the original sentence is not very big, "But itself contentious case is cannot treat as the same, each each case has its specialty. The change the original sentence of rich force case, more be the court is based on case itself place to make. The price that decorates for instance, the intensity that decorate, real value, decorate with the difference between example, clothbound repairs building and conduct propaganda to be waited a moment whether consistently. Clothbound repairs building and conduct propaganda to be waited a moment whether consistently..

Sun Chunzhen of Jilin city owner is facing rich force at present 10 owner once experience.

On Feburary 23, 2019, jilin quadrangle accuses to Sun Chunzhen Jilin city is very big always fill estate to open house firm (next weighing " Heng Dayong is filled " ) make 2 judgement definitely, sun Chunzhen loses a lawsuit.

Sun Chunzhen is sued think, because appeal to those who contend for a building to give 2000 yuan of every square metre to decorate value and undertake explain and be promisinged in material of much advertisement conduct propaganda specific and clear, sun Chunzhen thinks this building dish sexual price is compared tall, because this ability signs contract of commodity house business.

Sun Chunzhen requests a court to sentence Ling Heng to always fill Xiang Sunchun precious to pay greatly decorate price difference money 165308 yuan, because maintenance decorates the upkeep costs that does not accord with conventional part place to pay,assume 45419 yuan.

Jilin quadrangle cognizance thinks, view constant always fills Sun Chunzhen to reach propagandist Chan Zhongjun to state in Internet greatly give 2000 yuan / ㎡ clothbound is repaired should regard as should not have contract basis about, do not grant to support.

When first instance, the vendibility that Sun Chunzhen still applies for to be decorated to essence of life has identification, decorate value in order to prove whether 2000 yuan / ㎡. Court of first instance denied this proof intent is opposite bilateral contract sanction, think to be not had already necessary also ought not to carry out appraisal.

In recent years, because quote and real cost not agree with,wait for clothbound to write a question, wuhan, Chengdu, Changsha, Shanghai, Qingdao, Beijing, Jiangsu too the city such as the storehouse, ever appeared case of collective dimension authority, famous a gleam of theres is no lack of to unlock in look forward to of experience case room, for instance garden of laurel of 10 thousand divisions, green jade, be in harmony is achieved, greenbelt.

On July 25, 2018, many 50 building dish, on 1000 owner gather in bureau of canal of room of the Chengdu City, the requirement develops business to issue clothbound to repair detail about sectional command. Be in Wuhan that month, exceed 70 buildings dish owner is saved to Hubei build hall to refer appeal to beg, equally shared partial plan is entered decorate authority of cost issue dimension. Have owner feedback, buy a room to equally shared have to floriferous a 5-6 10 thousand, partial building dish still equally shared to repair chaos to collect fees by clothbound.

The employee of interior of garden of green jade laurel with a faceless requirement says to city bound, "Clothbound repairs what develop business to use excessive price namely originally, what so real essence of life decorates the price to be able to compare general bulletin is low, this can say is course of study inside go regular. This can say is course of study inside go regular..

This employee still tells city the group, wuhan has development business to had appeared to repair the price to sell semifinished product room case with clothbound even before, "Wuhan publishs a policy about the branch later, the value that requirement clothbound writes and total prices should match, cannot informal oneself quote, for instance total prices the house clothbound of 1 million not better than 2000 yuan / ㎡, 3000 yuan of 1.5 million / ㎡. 3000 yuan of 1.5 million / ㎡..

Upsurge as house price delay drops continuously, each district publishs a series of price fixing in succession, be restricted to buy wait for policy, jiangsu always Zhong Yancheng of solicitor of office of Heng Zhaohui's attorney is analysed to city bound, "Have a lot of places, limitted this price of semifinished product building only, but the price of the building that did not decorate to essence of life has had corresponding restriction. Develop business to acquire higher interest, for the policy with corresponding avoid, may adopt theory tall the means that decorates the price comes price of marry again house gives the person that buy a house, implement the price fixing policy of room of avoid semifinished product thereby. Implement the price fixing policy of room of avoid semifinished product thereby..

Will look according to current condition, development business is earned " price difference " means is not had outside decorate material and acceptance actually to not agree with, collect fees by floor area etc.

Xu Bin thinks, rich force of 10 owner " changeover get victory " , advocate if the government is very determined in recent years,the ground carries out price fixing, because this develops business,decorate excessive price to come through improving essence of life the gain that cover fill a vacancy loses.

Jiangsu 9 rooms look forward to confused, because they discover about similar thinking authority case frequency is sent,be, afraid " rich force proposal " the court decision that affects a court.

9 domestic houses say in the cosignatory report of look forward to, came 2016 2018, the clothbound house measure that county of Nanjing city each district appears on the market is 114 thousand about, had produced group objective to accuse the project of dispute compares the project more that enters lawsuit at present, do not eliminate the possibility of the client to lodge a complaint that these guests appeal to in the future.

"The project cost that if the court supports pair of clothbound to repair commodity house to decorate,decorates a part has identification, adjudicate for the basis with this development business compensates for the person that buy a house to decorate a part sale price and decorate the price difference between project cost, cause comprehensive and negative party necessarily between " commodity house opens to booking a contract " the consequence that reachs the party meaning autonomy such as compensatory agreement. If such, certainly will causes chain reaction, will the many person that buy a house is this to lodge a complaint, produce bigger social contradiction, will play havoc with market economy order and trade stable. Will play havoc with market economy order and trade stable..

Response of Jiangsu tall courtyard says, "The course is preliminary check, my courtyard did not receive written letter at present. My courtyard did not receive written letter at present..

Jiangsu saves tall courtyard news to do director Zhang Zhiping to express to insurgent news, proposal they (development business) lawfully thought fors the time being, use the means of open letter of the diffuse on the net, "Be cannot take " . If refuse to obey to certain court decision of the court, they can go completely according to legal approach, can mention appeal perhaps submits to procuratorial work mechanism undertakes counterappeal.

Can be 9 rooms look forward to achieved " force the king or emperor to abdicate " purpose?

Analysis of Zhong Yancheng's lawyer says, the first, from the angle that judicatory carries out, this is the litigant strategy that develops business, the hope borrows " trade stable " catchword, appeal to to what the court conveys him beg; The 2nd, this does not belong to certain the file rejoins to perhaps state a file among the case, do not belong to the legal copy clerk on common sense, be in a case is medium in serving as forensic itself to try a process in judicatory, not regular meeting is affected; The 3rd, development business may be to be based on what counterpoise to judicatory judgment is awe-stricken, also one part develops business may be to prevent the circumstance of rich force to diffuse, adopt conglomerate form as, will to forensic expression appeal to beg.

"The station is developing the angle of business, such doing also is for its the interest does not suffer lose; But will tell from the angle of judicatory judgment, this kind is catchword, hope firmly to affect a case judge of the court to adopt round method with this with dimension, be worth deliberate. " the bell delays accepted theory or formulation.

Li Liang thinks, room look forward to reports jointly is to be in the court uses force, "Development business people as beautiful as its time makes a report, as floriferous dot energy improves building quality. " (full name of the owner in article all is alias)