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Tianjin Consumer Association
warned the
real estate "Yongxiang mansion" jointly built by China Merchants, China Resources and COFCO group
The "Yongxiang mansion" is required to actively solve the existing quality problems and bear the corresponding liability for compensation. Tianjin Consumer Association said that the "shop bullying" behavior that ignores the legitimate rights and interests of consumers will eventually be despised by consumers.
the toilet becomes larger and the bedroom becomes smaller
the actual house type of "Yongxiang house" is inconsistent with the publicity
Recently, Ms. Zhang, a consumer, complained to the municipal consumer association that she bought a house in "Yongxiang mansion" in May 2019. When the house was closed in August 2021, it was found that the delivered house type was inconsistent with the house type of the brochure and model room, the area of the kitchen and bathroom became larger, and the area of the living room and bedroom became smaller.
After knowing that the house purchase brochure in the early stage was "barrier free", the developer did not reflect this point in the house purchase brochure. Since then, it was found that there was a large gap in the wall of the toilet during the decoration, and the decoration project was forced to stop working. The developer was contacted for many times and was delayed.
Tianjin Consumer Association sent a letter to investigate
"Yongxiang mansion" failed to contact consumers in time to deal with the problem
After accepting the complaint, Tianjin Consumer Association sent a letter to Tianjin Zhongchen Chaohua Real Estate Co., Ltd., the developer of "Yongxiang mansion", to investigate the situation, but did not receive a reply within the specified time of .
The Tianjin Consumer Association then issued a "complaint investigation reminder letter", and the developer of "Yongxiang mansion" replied in writing that "the horizontal gap of the first treaty 3cm" was "caused by the unfilled gap between the bottom of the structural beam and the autoclaved aerated concrete strip"; "The problem of house quality has been communicated for many times, the construction unit has issued a professional maintenance plan, and the owner does not recognize the maintenance plan"; "On October 3, 2021, the owner has signed a letter of commitment for the customer of barrier free house type, and I (the consumer) will dismantle and modify the inconsistent wall by myself. After the demolition and modification, I will bear all the responsibilities of this wall by myself." In addition, the developer of "Yongxiang mansion" did not reply to the questions such as whether the purchase house type and delivery house type of Ms. Zhang of Tianjin consumer association are consistent.
The Tianjin Consumer Association conducted an on-site survey of Ms. Zhang's house, and the quality problems of the house were clear. However, the developer of "Yongxiang mansion" has never taken the initiative to contact consumers in time to deal with complaints.
According to Ms. Zhang's feedback, after raising the issue of large cracks in the wall to the developer of "Yongxiang mansion" on October 30, 2021, she contacted the developer of "Yongxiang mansion" many times and failed. After Tianjin Consumer Association sent a letter to investigate, she received the maintenance scheme proposed by the developer of "Yongxiang mansion" on November 27, but the other party avoided talking about the actual impact of decoration construction and subsequent occupancy. Although it signed a letter of commitment with the developer of "Yongxiang mansion", it did not get the original. At the beginning of January 2022, the developer of Yongxiang mansion was actively contacted to negotiate maintenance and compensation, but there was no result.
Tianjin Consumer Association warning:
First of all, there are quality problems in the commercial houses purchased by consumers. The developer of "yongxiangfu" should actively fulfill the warranty obligation and be liable for the losses caused.
Secondly, the measures for the administration of commercial housing sales stipulates that "if a real estate development enterprise sets up a model house when selling commercial housing, it shall explain whether the quality and equipment of the actually delivered commercial housing are consistent with the model house, and if the actually delivered commercial housing shall be consistent with the model house." The developer of "Yongxiang mansion" unilaterally changed the house type purchased by consumers to "barrier free house type", which is a violation of rules and regulations.
Relevant laws
The law on the protection of consumers' rights and interests stipulates that consumers have the right to know the true situation of the goods they buy and use or the services they receive.
Business operators shall provide consumers with true and comprehensive information about the quality, performance, purpose and term of validity of commodities or services, and shall not make false or misleading publicity. A business operator indicating the quality condition of a commodity or a service by way of advertisement, product description, physical example or other means must ensure that the actual quality of the commodity or service provided by it is consistent with the indicated quality condition.
The Civil Code stipulates that if one party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, resulting in losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by breach of contract, including the benefits that can be obtained after the performance of the contract
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