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Legal Service Product Manual. The whole process of commercial housing sales legal risk prevention and construction.

Published:

2023-10-27

In order to implement the "five points of hope" put forward by the Party group of the Ministry of justice for the majority of lawyers, focusing on the center and serving the overall situation, Zhongcheng Qingtai law firm has accumulated professional quality for decades, provided high-quality professional legal services for the implementation of the national major development strategy, and solved the people's urgent and anxious problems. From now on, we will launch a series of articles on the annual excellent product legal service manual, It is convenient for readers to further details, attached legal services product introduction, catalog, team introduction, contact information, welcome to call for advice.

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Du Wentang

Deputy Director, Senior Partner

Director of Real Estate Legal Affairs Department

Wang Yan

Senior Partner

Deputy Director of the Second Department of Urban Construction and Real Estate

Wang Yehua

Senior Partner

Deputy Director of Urban Renewal Department

Hook.

Paralegal

Urban Construction Real Estate Department II

Li Rutao

Paralegal

Urban Construction Real Estate Department II

Yang Qinyue

Paralegal

Department of Urban Renewal

Product Catalog

Legal risks in the advertising phase of 1. commercial housing -1-

Legal risks of advertising when the (I) is not eligible for publicity -1-

Legal risks of (II) content information such as unspecified advertising words and names and addresses -2-

Legal risk of (III) advertising content is not true or the presentation is not standardized -7-

Legal risk of non-compliance with the content of citation, price, area, etc. in (IV) advertisements -9-

Legal risk of distortion or falsification of project location, matching, pictures, sand table models, etc. in (V) advertisements -11-

Legal risk of alleged infringement or unfair competition in (VI) advertising -14-

Legal risks of (VII) model houses without discrepancy tips or disclaimers -18-

Legal risks of (VIII) unmarked differences between standard and non-standard units -19-

Legal risks of (IX) decorated houses and special houses that are not specified -20-

Legal risks of (X) sales rhetoric and actual delivery standards -22-

(xi) Legal risks of obtaining presale permission for Plot A while presale publicity for Plot B -25-

(xii) Legal risks of safety hazards at the sales site -26-

Legal risks in the sales phase of 2. commercial housing (presale) -28-

(I) the legal risk of presale commercial housing without a presale license -28-

The commercial housing presale by the (II) is not in the presale schedule attached to the commercial housing presale license -29-

Legal risks of (III) the sale of commercial housing that does not meet the conditions of sale -30-

Legal risks of selling commercial housing at a price increase in addition to the (IV) list price -31-

(V) Legal Risks Regarding the Illegal Use of presale Funds Regulatory Accounts -33-

(VI) the legal risk of "one house, two sales" -34-

Legal risk of (VII) the same owner to purchase more than two storage rooms and parking spaces -35-

Legal risk of (VIII) developers to dispose of air defense parking spaces to third parties -36-

Legal risks related to the sale price of 3. commercial housing -38-

Legal risk of (I) breach of government price limits -38-

Legal risk of (II) non-enforcement of statutory price interventions -39-

(III) the legal risk of not having a set of one-label prices for the house -41-

Legal risk of (IV) mark-up sales -41-

(V) whether the price of the house agreed in the contract for the sale of commercial housing contains the legal risk of unclear value-added tax -42-

Legal risk of (VI) not cooperating with price supervision and inspection -44-

(VII) the legal risk of not publicizing the price of the house at the sales office, the publicity is not standardized -44-

(VIII) legal risk of not clearly marking the factors closely related to the price of commercial housing -45-

Legal risks of (IX) undisclosed fees and charges -47-

(X) legal risk of not clearly indicating the sale of housing -48-

(xi) Legal risks of misleading home buyers using irregular price labels -49-

(xii) Legal risk of not disclosing all listings and housing prices as required -49-

Legal risks in the subscription phase of 4. commercial housing -52-

Legal risk of (I) fraud and subscription without a presale license -52-

Legal risk of charging the buyer a reservation (II) not meeting the conditions of sale -52-

Legal risk of (III) the number of subscription households exceeding the standard -54-

The legal risk of not signing a purchase notice with the buyer before the (IV) receives the intention, subscription or deposit -55-

Legal risk of (V) subscription and order agreement being recognized as a formal contract of sale -56-

(VI) the seller fails to conclude a contract for the sale and purchase of commercial housing due to the seller's reasons, the legal risk of the buyer demanding a double return of the deposit -57-

Legal risk of (VII) subscription agreement terms being identified as format terms -58-

(VIII) the legal risk of non-standard deposit collection -58-

(IX) legal risk of not verifying whether foreign buyers are eligible to buy a home -59-

Legal risk of (X) developers failing to conduct house checks -60-

(xi) Legal risk of failure to cooperate in a timely manner with troop home buyers for troop provident fund loans -61-

(xii) Legal risk of prize sales exceeding the limit, or unclear conditions for the prize draw -62-

(xiii) Legal risk of malicious removal by the subscriber -63-

(xiv) Risk of improper third-party payments -63-

(xv) Legal risk of additional improper writing or commitment -64-

5. legal risks associated with the text of the contract for the sale of commercial housing -66-

(I) legal risk of unclear meaning of "cumulative payables" as agreed in the liability clause for breach of contract for the sale of commercial housing -66-

Legal risk of late delivery of the extended period agreed in the contract for the sale of (II) commercial housing -67-

The legal risk that the right to use the exterior wall of the (III) house is agreed to be owned by the seller -68-

Legal risk of inconsistency between the warranty period clause in the contract for the sale of (IV) commercial housing and the provisions of government normative documents -70-

(V) due to changes in the provisions of the completion acceptance record, the original contract text agreed to comprehensive acceptance record and did not update the legal risk -71-71-

Legal risk of unequal (VI) default terms and imbalance of rights and obligations -73-

There is a risk that some of the terms of the contract for the sale of (VII) commercial housing are considered to be standard terms -74-

Legal risks of (VIII) format terms -76-

Legal risks of (IX) adverse factor tips and publicity -79-

Legal risks of service clauses in (X) commercial housing sales contracts -79-

Legal risks at the stage of signing contracts for the sale of 6. commercial housing -81-

Legal risk of non-delivery (I) to a change or unclear mailing address -81-

Legal risk of inconsistencies (II) land planning uses, engineering planning permits, and presale permits -82-

Legal risk of inconsistency between the agreed use in the contract for the sale of (III) commercial housing and the planned use of the land -83-

Legal risk of inconsistency between the land use life agreed in the contract for the sale and purchase of (IV) shops and the land use life of commercial land -85-

Legal risk of non-conformity of the mortgage status of the house as set out in the (V) contract -87-

(VI) the proportion of liquidated damages is too high, the legal risk of being reduced by law -88-

(VII) the legal risk of "clerical error" in the contract for the sale of commercial housing -89-

Legal Risks of (VIII) Commercial Housing Sales Contract Drawing Errors -91-

Legal risk of a time difference between the start time of the warranty period in the contract for the sale of (IX) commercial housing and the construction contract of the construction project -92-

(X) Legal Risks of Obtaining Loans with False Online Signs -93-

(xi) Legal risks of signing contracts for the sale and purchase of commercial housing on behalf of owners -94-

(xii) Legal risk of provisions in supplementary agreements that increase the buyer's obligations -95-

(xiii) Legal risks of unreasonable pre-conditions for the entry into force of initialled contracts -96-

(xiv) Legal risk of not being able to sign online after initialling a contract -96-

(xv) Legal risk of failure to sign and file online after signing a contract between the developer and the buyer -97-

(xvi) Legal risk of disqualification of buyers due to failure to sign online in a timely manner -98-

Legal risks associated with design and planning changes in 7. commercial housing -101-

Legal risk of failing to notify the buyer of design changes in (I) commercial housing -101-

Legal risk of failure to notify the buyer in a timely manner (II) design changes affecting delivery standards or sales commitments are not notified to the marketing department -103-

(III) the legal risk of damage or impact on buyers due to changes in the design and planning of commercial housing -104-

Legal risk of (IV) planning schemes adversely affecting surrounding or local residents -105-

The (V) planning scheme does not fully consider the legal risk of the impact of adverse factors on the project owner -107-

(VI) the legal risk of customer disputes arising from the pursuit of design effects -108-

(VII) legal risks due to changes in configuration standards or inadequate support -109-

Legal risks in the delivery phase of 8. commercial housing -112-

Legal risk of (I) commercial housing not meeting delivery conditions and standards -112-

Legal risk of (II) being deemed ineligible for delivery because the mapping report was obtained later than the time of delivery -113-

Legal risk of liability (III) to non-compliance with the delivery notice and delivery process of commercial housing -114-

Legal risk that the actual floor height delivered by the (IV) is inconsistent with the agreed floor height, or that the floor height of the house is insufficient -116-

Legal Risk of Excessive Error in (V) Commercial Housing Area -118-

Legal risk of (VI) hardcover room decoration standards inconsistent with the agreement -119-

(VII) the legal risk that the actual delivery of the house does not correspond to the drawings -120-

Legal risk of inconsistency between (VIII) delivered balconies and contractual agreements -121-

Legal risk of inconsistency between the size and location of the parking space actually delivered by the (IX) and the contracted parking space -123-

Legal Risk of Excessive Pipe Occupancy in (X) Storeroom -124-

(11) The legal risk of the buyer refusing to accept the house due to quality problems -125-

(xii) Legal risk of home buyers refusing to be present -128-

Legal Risks in the Warranty Phase of 9. Commercial Housing -130-

(I) legal risks of unclear warranty coverage and warranty liability agreements -130-

Legal risks of inadequate (II) warranty processes -133-

(III) buyers find quality problems after inspection of the house, need to repair the legal risk of delivery -135-

Legal risks associated with other performance of 10. contracts -138-

(I) some buyers can not pay the down payment, the developer in order to sell as soon as possible, with the buyer issued a down payment receipt, apply for bank mortgage legal risk -138-

Legal Risk of Buyers' Loan Failure (II) to Developers -139-

Legal risk of late repayment of loans by (III) home buyers -140-

Legal risk of (IV) home buyers refusing to pay property fees and other related expenses -141-

(V) the legal risk of late registration of home buyers -143-

(VI) the legal risks associated with the refusal of home buyers to apply for real estate certificates -144-

Legal risk of (VII) developers failing to open up the first floor and storage room in the bottom-jumping room -145-

(VIII) there are quality problems during the delivery of the house or during the warranty period, the legal risk of the developer not notifying the owner in time after repair -146-

The legal risk of pre-sealing the house purchased by the buyer in a separate case of the (IX) Court -146-

11. Legal risks of the termination of the contract for the sale of commercial housing -149-

Legal risk of (I) not exercising the right of discharge within the specified time -149-

(II) storage room and housing-based contract, commercial housing sales contract after the termination, storage room sales contract is not subsequently terminated legal risk -152-

Zhongcheng Qingtai (Jinan) Law Firm

Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City

Zip Code: 250014

Tel: 0531-66590851

Fax: 0531-66590906

E-mail: zhongchenglawyer@163.com

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Key words:

Instructions for the Use of Legal Service Products | Guidelines for Compliance Management of Zhongcheng Qingtai Road Engineering Construction Enterprises

Viewpoint... Incoterms.®2020 Terms Interpretation

Instructions for the Use of Legal Service Products | Guidelines for Compliance Management of Zhongcheng Qingtai Road Engineering Construction Enterprises

Viewpoint... Incoterms.®2020 Terms Interpretation