The key clauses are ambiguous

The contradiction between the purchase contract and the decoration material is unknown. Yesterday, Ms. Feng called the newspaper 962288 hotline and said that she had purchased a fully-decorated 期房. The worrying thing followed: In the pre-sale contract, several key terms were equivocal. She fears that her rights will be damaged.

There are questions about the terms of the contract

A few months ago, Ms. Feng, who lives in Xuhui District, took a fancy to the new property in the Songjiang District, Sanxiang Four Seasons Flower City Ziwei Garden. "A few nearby real estate look down, still feel that here is more appropriate." Ms. Feng decided to choose to buy in this house, the first is to fancy the whole house of the heart and effort; the second is because of the 期房, the price is relatively affordable. On September 8 of this year, she paid the first payment of more than 250,000 yuan. On October 30, she got the pre-sale contract for commercial housing in the suite.

“At that time, the real estate was very popular and did not pay much attention to the details when signing the contract.” After Ms. Feng took the contract home, she carefully studied it and found that there were some questions.

First of all, in the third column of “Prices of Pre-sale Contracts for Commercial Housing in Shanghai”, the unit price per square meter and the total housing price of the house are marked with “not including full house decoration prices”. In the "supplementary clause" attached to the contract, contrary to the wording in the original original, "not included" was changed to "included." Ms. Feng asked the question, "Which is the best thing?” The sales lady assured them that the total amount included renovation costs.

Secondly, since the purchase of a fully-furnished house involves specific decoration standards, “although the material used in the appendix is ​​written in the contract, it is too vague, and the seller is free to choose materials.” Examples, such as floors used in living rooms and bedrooms, are marked with 3 brands in the attachment. The sales lady explained that these three brands are not for the buyer's choice, but rather the seller's choice. It is understood that there are several specifications for any of these three brands, and there are differences in the prices of different brands. Floors, paints, bricks, cabinets, sanitary ware, etc. all listed three brands. “If the seller uses the cheapest one, what can I do?” Ms. Feng is puzzled.

Relevant departments answer questions

Mr. Jiang Weiwei, Real Estate Sales Manager, stated whether the total price included full decoration costs. The supplemental terms prevail. The Shanghai Pre-sale Contract for Commercial Housing is a standard contract established by the Housing and Land Resources Administration and must not be changed. As for the standard for decoration materials The black and white characters are written in the contract, and Party B's signature is in agreement.

The reporter then consulted the 962121 premises hotline. The staff stated that since the pre-sale contract for commercial housing was formulated by the real estate department, buyers and sellers may need to affix supplementary terms after they are subject to change, and this shall prevail. With regard to the decoration standards for fully-furnished rooms, there are a lot of complaints. If the buyer concludes a contract, he agrees to the terms of the contract; if the parties disagree afterwards, they can only rely on judicial means to resolve the matter. To this end, the Consumer Protection Committee put forward several opinions on the conclusion of the contract for a fully-furnished room, reminding the general public to pay more attention before setting aside money:

1. The decoration materials and equipment used in the fully-furnished rooms should be clearly stipulated in the “Advance Contracts” annex. The list should be listed. The product name, brand, model, specification, color, and place of production should be specified in detail as much as possible. Air-conditioning, kitchen Equipment, sanitary ware, water heaters, etc. In addition to listing the brands, models are also very important.

2. It is difficult for the owner to supervise the entire decoration process of the fully-furnished house. Therefore, the relevant specifications of the “pre-sale contract” should specify the construction specification. For the acceptance of fully-furnished rooms, the “House Interior Decoration Management Regulations” and “Shanghai Residential Decoration and Acceptance Standards” may be agreed upon.

Third, specify the full warranty period of the various purposes of the decoration room. For a fully furnished room, the developer should also assume corresponding warranty responsibility for each house renovation project.

4. When signing the contract, it is necessary to negotiate with the developer and the model house will be removed until it is handed over. According to relevant regulations, the model house should truly reflect the decoration and construction quality of the house, and the fully furnished house delivered to the owner should not be lower than the decoration level of the model house. If the model house is demolished after the house is handed over, the owner can compare the model house with his own house. If the quality is found to be inferior to the model house, he can request the developer to make compensation or rework according to the contract.

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