Owner: The promised degree is in name only.
"Haizhu No.6 Middle School, Zhujiang Middle School, the third experimental primary school, the first-class kindergarten at the provincial level, supporting 12 top school education", and the owner, Miss Luo, still kept the advertising brochure when the developer promoted the real estate. "When I bought this property, I came to get a degree." Miss Luo has a four-year-old child. Last year, she bought a house of 163 square meters in Pazhou Jiangshan International Community at a price of 38,000 square meters.
"This property is expensive, but I bought it for my children's study." Unexpectedly, since the second half of last year, it has been frequently reported among the owners that Jiangshan International does not have a prestigious degree as claimed, and many children of community owners can only study in nearby schools.
Mr. Peng (a pseudonym) is also one of the victims. In March last year, according to the information provided by Jiangshan International, Mr. Peng registered for the eldest child in Yajun Branch of Blue Kangyuan Kindergarten near his home, but was rejected by the kindergarten on the grounds that the park was not a supporting facility of Jiangshan International, and its owners did not have the qualification for direct registration, so they needed to be allocated together with applicants from other communities.
Finally, the developer arranged for Mr. Peng's children to attend kindergarten in the nearby Poly Tian Yue community. However, because the kindergarten has just been built, parents are worried about decoration pollution, and the school will not start until March this year.
Similarly, the third experimental primary school promised by the developer is gone. "When we look at the planning and scribing, the primary school we belong to here is not the third experimental primary school next door, but Huangpu Primary School." Miss Luo said that it is a school in the village, which is not only far from the community, but also very troublesome to drive in. "If you don't have a degree, it's not worth such a high house price," said Miss Luo. "So far, 22 owners have registered their degrees." There are still many owners who have not registered because they have not moved in, but the demand for degrees is definitely great. "At present, Miss Luo of Jiangshan International and other owners are preparing to sue developers through legal channels.
Developer: There is no commitment when selling.
On this issue, the owner of Jiangshan International has repeatedly reported to the developer since last September, and the other party has always said that it is following up, but there has been no substantial progress.
As the owner's representative, Mr. Liao once reported the situation to Haizhu District Education Bureau. The other party said that a new primary school division area will be established on March 25th this year. "But no one can guarantee whether Jiangshan International can be included in the third experimental primary school area."
In this regard, the developer Guangzhou Jindu Real Estate Development Co., Ltd. responded that its company developed and built Shuilan County Garden by stages, and Shuilan County Garden was divided into East District and West District. Jiangshan International is located in the east of Shuilan County Garden. When Jiangshan International was sold, school-age children in the western district had already enrolled in the established primary schools and kindergartens, while middle schools were built in the eastern district. At the time of sales, I didn't make any promises that conflicted with the above objective situation, and there was no false propaganda. There is no agreement with the owner on the degree matching.
The reporter did not find any regulations related to the degree room in the commercial housing sales contract provided by the owner Mr. Liao. The reporter found in the contract that there is a clause stating that "if any sales materials, advertising materials, models, intentions and information expressed orally in the sales process conflict with the contents of this contract and the supplementary agreement, this contract and the supplementary agreement shall prevail, and Party A shall not assume any obligations and responsibilities for the conflicting contents".
Jindu Real Estate Company said that it has always been consistent with the demands and opinions of the owners. Therefore, since mid-April last year, we have communicated with the Education Bureau and relevant government departments in the form of letters and visits on the degree matching of Jiangshan International Community, which has attracted the attention of relevant government departments. At present, the communication with relevant government departments has achieved initial results, and the heads of relevant government departments are optimistic about the degree of primary and secondary schools in Jiangshan International Community.
Lawyer's opinion: Promises in publicity are also part of the contract.
Lawyer Liao Jianxun, a partner of Guangdong Baodian Law Firm, said that according to the judicial interpretation of the Supreme Law on disputes over commercial housing sales contracts in 2003, if the developer made clear and specific commitments on the publicity of supporting facilities and orientation of the community, and these commitments had a significant impact on the sales price of commercial housing, even if the commitments on these publicity materials were not written into the contract, they would be regarded as an integral part of the sales contract. If the promise cannot be fulfilled, the developer will bear the responsibility for breach of contract. At the same time, in order to promote the sales of houses, developers make such propaganda in publicity materials and advertisements, knowing that the degree and supporting facilities they promote cannot be fulfilled, which constitutes false propaganda and fraud.
Owners can defend their rights in the following three ways: first, they can complain to the administrative department for industry and commerce and the Housing Authority about fraudulent acts of false propaganda and demand that such fraudulent acts of false propaganda be investigated and punished. Second, if the original intention of the owner to buy a house is to let his children go to a high-quality school, and the developer can't fulfill his promise, he can cancel the house sales contract on the grounds of fraud and failure to achieve the purpose of the contract, and ask the developer to bear the liability for breach of contract and make compensation. 3. Consumers can complain to the Consumer Protection Committee and ask the Consumer Protection Committee to intervene in the investigation and mediation.
The developer does not assume the obligation and responsibility for the clauses mentioned in the sales contract signed by the owner and the developer that conflict with the advertising content. Liao Jianxun said that according to Article 40 of the Contract Law, if the party providing the standard contract clauses agrees to restrict the other party's main rights with his own responsibility, the clauses are invalid, also known as the overlord clause, and the agreement is invalid.