Business Sector: Four Hidden Traps In Bank Format Contracts

A few days ago, according to the general complaints of consumers, the Chongqing Municipal Bureau of Commerce and industry carried out renovation of the banking format contract in the city, and found four hidden traps.

Trap 1:

The responsibility of the borrower.

The industry and Commerce Department said that some banks' housing mortgage loan stipulates that the mortgage payment fee should be paid by the borrower, and the bank as the mortgage-holder should bear the obligation to pay the mortgage registration fee.

The agreement violates the mortgage registration fee to the borrower, which is a clause which aggravates the liability of the borrower and relievs the bank responsibility.

Trap two: exclude the rights of cardholders.

The industry and Commerce Department said that some banks' standard clauses stipulate that the adjustment of credit card stipulations, fees, standards and interest rates will be effective once the announcement is made, without notice to Party B and subsidiary cardholders.

As a matter of fact, the parties to the contract do not have any unilateral alteration.

The right.

The statement "once published is effective" eliminates the cardholder's right to negotiate in the process of contract modification.

Trap three: absolve banks from their responsibilities.

In the contract provided by banks, the factors beyond the force majeure are generally excluded as the reasons for excluding their responsibilities.

For this purpose, the industry and commerce department reminds us that the contract law stipulates that, due to force majeure, the contract can not be fulfilled, part or all of them shall be exempted from liability under the influence of force majeure, except otherwise provided by law.

The reasons beyond the "force majeure" shall also be regarded as a case of bank exemption, without legal basis.

It is a clause that relieves banks from their responsibilities and excludes cardholders' rights.

Trap four: expand the rights of banks.

Some bank loan contracts take "other reasons not for the lender" as the conditions for rescission of the contract.

The commerce and Industry Department said that the law strictly controls the conditions for the statutory rescission of the contract, that is to say, it only determines what the law stipulates.

Therefore, the bank "other reasons not because of the lender" as the conditions for the rescission of the contract, the scope is too wide and unreasonable, which is a clause to expand the rights of banks and infringe upon the rights of consumers.

Chongqing's commerce and Industry Department said it would crack down on the above four situations that hurt consumers' legitimate rights and interests.

If consumers are injured by their unfair rights and interests due to unfair contract terms, they may complain and report to the local administrative departments for Industry and commerce.