Delayed Delivery Of Shops, Investors Want To Refund Developers Contracts Or Traps

"Land one avenue" construction was slow to be prosecuted by investors for refund. The legal profession pointed out that the developer contract trap was suspected.

The commercial development project of civil air defense underground operated by man and commercial Holding Company Limited started construction in 2011, "land one avenue" in Humen. Due to the delay in the delivery time, the purchaser asked for a refund, but the purchaser's request was rejected by the project owner. In August 13th, Miss Lu, who purchased the "ground one avenue" berth, complained to the media that her investment of more than 120 yuan of purchases and purchases could not be returned, and she was suing the court to recover the purchase money.

Shops are not delivered on schedule, investors want to refund.

Miss Lu is a thick street person who is currently living in Shenzhen. In 2011, she received information from Shenzhen's "land one avenue" in Humen. She had the idea of investing when she had spare cash on hand.

" at that time Specially consulted the family's opinion, the family member said that "land one avenue" publicize very many in Humen, the project investor is also the listed big company, and the sales personnel introduces to it, Humen as the south school clothing center, the investment shop is stable not to lose. Miss Lu said that at that time, the salesmen in order to strengthen their determination to invest, but also deliberately took it to Guangzhou "land one avenue" project visit, "see the prosperous scene of Guangzhou Avenue, take into account the home investment, bought a shop."

According to the contract provided by Miss Lu, it formally purchased a berth of 43 square meters in November 1, 2011, paying a total of 1 million 290 thousand yuan for the shop. The purpose of the shop is women's clothing.

Miss Lu said that when the contract was signed, the time for the sale of the salesmen and the contractual stipulations was expected to be July 1, 2012. However, there was also a clause in the contract that was actually spanferred.

"It is precisely this provision that led to the delay in the opening time of Humen's" one avenue ", which led to the fact that it could not return the purchase payment. Miss Lu said that after signing the request of Dongguan Humen people and Xintiandi public facilities Co., Ltd., they failed to claim the right to sue the court for the purpose of returning the purchase.

The court did not support the purchaser's refund case.

　　 Actual As a result, the slow construction of "Di Yi Dao" has delayed the opening time, which has led some investors to seek legal advice. However, a court case has failed.

Mr. Liu, a household member in Shantou, spent nearly one million yuan to buy the "land one avenue" shop. After a year and a half after the June 2012 opening of the contract, he filed a lawsuit against the court, so that developers could not repay the shop right on time. However, the request of Mr. Liu did not receive the support of the court. The court held that, because of the particularity of the civil air defense project, it did not belong to the commercial sale and lease relationship, and the "land one avenue" developer signed a contract with the Humen town government, and agreed to enjoy the right to use the civil air defense project for 40 years. The right to use was calculated from the opening period of the "land one avenue", that is to say, after the opening of the business, developers began to calculate the right to use the shops.

The contract also has a contract from the opening of the "one avenue" business, while Mr. Liu believes that the time of delivery is only "estimated time". At present, the "land one avenue" is still under construction, and it can still be opened. Developers do not constitute a "fundamental breach". Mr. Liu can still enjoy the right to use the shops for 40 years after opening the "land one avenue". Therefore, the court dismissed all litigation requests of Mr. Liu.

Civil air defense project ownership restricts investment

The reporter consulted Huang lawyer of a lawyer's office on the request of consumers. He also believed that according to the current contract agreement, the investors of land one avenue really fell into the trap of developer contract.

he Analysis It is said that in the contract, the time of the contract is limited by the term "estimated", and the terms of the contract are calculated from the terms of the opening of the "one main road". This makes the spanfer of the right of use of the shops uncertain. "The core of the contract is that the developer has sold the use right of the civil air defense project for 40 years to investors. As long as" land one avenue "can open, the contract needs to be fulfilled. As for the opening time, investors can only wait for the progress of the developer.

Huang said, in fact, the ownership of the civil air defense works is unknown. In the commercial projects of the "land one avenue" civil air defense project of the people and business operators, it is sold to investors for the right to use the shops for the spanformation of civil air defense projects. Investors do not have the ownership of the shops, and investors need to be cautious in investing in civil air defense projects.