Zhongcheng Qingtai, Real Estate Perspective: Zhongcheng Qingtai Real Estate Department to carry out the new version of "Jinan City new commercial housing sales contract" (presale) seminar.
Published:
2020-11-07
On November 7, 2020, lawyers from the Real Estate Department of Shandong Zhongcheng Qingtai (Jinan) Law Firm held a new version of the "Jinan City New Commercial Housing Sales Contract" (presale) seminar in the 55th floor conference room, the study discussed the "Notice on Further Regulating the Online Signing of Commercial Housing Sales Contracts" (JJF [2020] No. 58) issued by the Jinan Housing and Urban-Rural Development Bureau and the Jinan Market Supervision Administration, and the "Notice of Purchasing Commercial Housing in Jinan" And the new version of "Commercial Housing Sales Contract".
This seminar mainly analyzed the highlights of the revision of the new version of the Commodity Sale Contract, and discussed and studied the measures that developers can take to prevent relevant legal risks when signing the new version of the Commodity Sale Contract.
The difference between the new version of the purchase contract and the old version of the purchase contract:
Delivery of the main changes in the new edition
The new version of the 1. stipulates that commercial housing must have obtained the comprehensive acceptance filing documents for the completion of the construction project and the housing surveying and mapping report before it can be delivered. From the old selective condition to the explicit must condition.
The water supply, drainage, power supply, heating, gas and other supporting facilities must be complete when the 2. is delivered, and the lines for telephone communication, cable television and broadband network must be laid to the households. And it is clear that if the delivery conditions are not met, it shall be regarded as overdue and bear the corresponding liability for breach of contract.
3. other public services and supporting facilities, such as the rate of green space in the community, kindergartens, etc., must also meet the conditions agreed by both parties, and breach of contract shall be handled in the agreed manner.
4. In the inspection of the house, the seller shall not pay the relevant taxes or sign the property management documents as a prerequisite for the buyer's inspection and delivery procedures. This is also a new right regulation, which denies the validity of similar provisions of some developers' supplementary agreements, and the interests of the buyer are more protected.
The decoration of the new edition of the main changes
1. strengthen the delivery standards, emphasizing that the product quality of the materials used in decoration and decoration must not only meet the standards agreed by both parties, but also meet the national mandatory standards.
2. refine the agreement on the decoration standards, from the internal and external decoration parts, according to the living hall, bedroom, kitchen and other different functional areas of the classification of the main decoration materials and equipment brand, specifications, quantity and other content, for the buyer and seller to determine through consultation.
3. clarify the ownership of the part installed by the seller without authorization, and the device, decoration and decoration added by the seller without the agreement of both parties shall be regarded as unconditional gift to the buyer;
Quality and Warranty of Major Changes in New Edition
1. new version of the commercial housing quality and warranty responsibility for a clear. The quality problems of commercial housing are divided into four categories: (1) foundation and main structure,(2) other quality problems,(3) decoration and equipment standards,(4) indoor air quality, building sound insulation and civil building energy-saving measures. For problems that do not meet the relevant standards, the buyer has the right to require the seller to make rectification, compensation and terminate the contract.
2., Article 18 and Annex 8 of the new version of the presale contract specifically stipulate that if the developer does not undertake the quality warranty obligation, another unit must bear joint and several liability. This other unit can be a shareholder or affiliated company of the developer. On the one hand, it strengthens the developer's quality responsibility, and on the other hand, it also solves the problem of commercial housing quality responsibility after the project company's cancellation.
The pricing and payment of the main changes in the new edition.
The new version of the 1. presale contract clarifies that the pricing method of commercial housing can be calculated according to the building area, building area, and the whole set.
The new version of the 2. stipulates that all the house price for the sale of the commercial house shall be deposited into the presale fund supervision account for the construction of the project.
The new edition of the main changes of the housing rights commitment
Article 5 of the new version of the presale contract requires the developer to make a commitment to the legality of the property right of the house, the absence of two sales of one house, the absence of judicial seizure and the restriction of transfer. If the developer violates these commitments, resulting in the buyer's contract can not be filed or can not be certified, it can claim to check out, refund interest, resulting in losses, can also be agreed by the seller to pay "double the price paid" or "the buyer's total loss" compensation.
Other matters of major changes in the new edition
1. community public parts
For some public parts and parking spaces in the community, in the past, the property rights were often unclear, which led to disputes between developers and owners. The new version of the presale contract regulates the distinction of ownership of buildings and increases the agreement on common rights. Clarify the foundation, load-bearing structure, passageway, lobby, refuge floor, equipment floor and other parts of the building; roads, green space, property service rooms and so on are shared by all owners.
2. Buyer's Privacy
According to the current phenomenon that the private information of buyers is abused and leaked, Article 26 of the new version of the presale contract stipulates that the seller shall have the obligation to keep the buyer's information confidential, unless due to laws and regulations, or public security, law, and discipline inspection departments perform official duties. Without the written consent of the buyer, the developer shall not disclose or use the buyer's information ultra vires.
3. shortening time
The new version makes it clear that the seller shall go through the registration and filing procedures of the commercial housing presale contract within 30 days from the date of signing the contract, and inform the buyer of the contract registration and filing.
If the seller terminates the contract due to the buyer's failure to obtain the house ownership certificate within the agreed time, the seller's refund time shall be revised from "within 30 days from the date of the buyer's written request for check-out" to "within 15 days from the date of service of the notice of termination of the contract"
Explanation of 4. supplementary terms
Before the terms of the contract, the "interpretation of professional terms" was specifically clarified, and the presale of commercial housing, commercial housing on-the-spot sale, legal agent, interior building area, building area, civil building energy saving, split and dismantle sales, return sales, after-sales charter, professional terms such as contract online signing and filing were standardized.
Through this seminar, the lawyers of the real estate department mastered the specific terms and amendments of the new version of the "Commercial Housing Sales Contract", and at the same time understood the relevant policy background of the new version of the "Commercial Housing Sales Contract". At the same time, combined with the lawyer's own legal service experience, discussed and studied the legal risk prevention measures for the new version of the "Commercial Housing Sales Contract. This seminar has benefited both senior and junior lawyers and has updated their knowledge base. Improve the specialization and precision of their own legal services.
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