A Ms. Cao in Huzhou reported to the "Xiaoqiang Hotline Help Group" that she had a boyfriend, and the two had just been together for a week, and the man was going to give her a house. Ms. Cao was happy, but when she got the house, she found herself in a trap.
After a week of dating, my boyfriend offered to "give" the room
"I didn't want to buy this house at all, I bought it because my boyfriend helped me pay for everything. But later I learned that everything was deception. ”
The boyfriend gave away the property, which turned out to be a scam. Sounds a little weird. The whole thing started a year ago, when Ms. Cao met a man online in July last year. "I used to do live broadcasts, and I met him by swiping gifts. Later, he said that his company was recruiting real estate anchors, and I went to his company. After that, he said he liked me and wanted to be boyfriend and girlfriend with me. ”
Ms. Cao said that after only a week of dating, her boyfriend offered to buy her a house in Huzhou, help her make a down payment, help her pay her mortgage, and help her pay off all the loans after three years.
Ms. Cao was very happy, and then, her boyfriend took her to the new Dahe Ruifu real estate in Nanxun, Huzhou.
Ms. Cao said that it was very biased and she didn't like it. Her boyfriend persuaded her, but she didn't need to pay. Ms. Cao thinks about it.
So, under the guidance of her boyfriend, Ms. Cao bought a 94-square-meter house in Herui Mansion with a total price of 975,000 yuan. Ms. Cao said that the down payment of 180,000 yuan for the house was transferred to her bank card by her boyfriend, and she swiped it to the developer through the POS machine. "The loan is my own procedures, I borrowed 780,000 yuan, the total repayment of the loan for 30 years is 1.33 million yuan, and the monthly repayment is more than 3,700 yuan."
The house was bought, an accident happened, and such a heartwarming and wealthy boyfriend was gone. Ms. Cao said that after the house was bought, her boyfriend did not repay a penny of the mortgage, and he lost contact. Before losing contact, he also borrowed more than 60,000 yuan from her. Afterwards, she found her boyfriend's company and found that the building was empty.
According to Ms. Cao, her boyfriend, whose surname is He, runs an E-House real estate company in Huzhou. The reporter's inquiry found that the company had been restricted from high consumption and showed abnormal operation. At the scene, the reporter tried to contact Mr. He, but the phone was never answered.
Ms. Cao told reporters that now she has repaid her mortgage for almost 9 months, because she has to rent a house every month, plus living expenses, she can no longer hold on.
Down payment of 180,000 from the developer's sales agent?
Now, Ms. Cao is in a dilemma of not being able to repay her loans. She later discovered that the incident was not simple.
Ms. Cao said that she realized afterwards that the whole thing was a trap. Among them, there is a key detail, when she bought a house, the down payment of 180,000 yuan was not from her boyfriend, but from a Mr. Mao. Mr. Mao is the legal representative of Shanghai Jinfang Real Estate Company, which is the general sales agent of the new Taihe Ruifu real estate project. Ms. Cao's so-called boyfriend is a secondary sales agent who also helps developers sell houses.
According to Ms. Cao, it was her boyfriend who wanted to buy her a house, and the two rushed to the sales office, but it was the developer's sales agency who made the down payment. The more I listened, the more strange it became.
Ms. Cao said that she bought a house this time, in fact, it was a zero down payment. She later learned that any buyer who comes to buy a house in this property can make an advance payment through the developer with zero down payment.
Is Ms. Cao's claim true? The reporter inquired about the sales hotline of Xindai and Ruifu on the Internet, and soon after leaving the contact information, a salesperson called.
The salesperson said that the record price of their house was about 10,000 yuan, and the actual price was about 8,000 yuan. It is true that there is no down payment. If there is no down payment, it is sold at the record price of 10,000 yuan, and the loan is also taken out at this price.
Ms. Cao took herself as an example to analyze: the house she bought was 94 square meters, and the price on the contract was 975,000, which was signed according to the record price of about 10,000 yuan. After that, Ms. Cao took out a bank mortgage and borrowed 780,000 yuan. But in fact, the house was sold to her at a price of about 8,000 yuan, and the 780,000 yuan she borrowed was the entire house price. That's zero down payment. The so-called down payment of 180,000 yuan before was a formality.
"I only realize now that he is in this boyfriend-girlfriend relationship, saying that he is giving me a house and giving me a down payment. In fact, this house is zero down payment. ”
Ms. Cao said that when she bought this suite, her boyfriend sold it as a second-level agent, and she could also get a commission, which was more than 60,000 yuan.
Does "zero down payment" exist? The competent authorities have stepped in
Ms. Cao now fully understands: after a week of dating, her boyfriend said that he would give her a house. This is an excellent salesman, who spent a week selling a house and earning more than 60,000 yuan.
Now, Ms. Cao is unable to repay the loan and has to return the house. Subsequently, the reporter accompanied her to the sales office of Xinda and Ruifu. After on-site verification, the real estate was indeed sold by Shanghai Jinfang Real Estate Company, and Jinfang Real Estate confirmed that Ms. Cao's so-called boyfriend, Mr. He, was their next-level agent salesperson.
Jinfang Real Estate said that all of their transaction processes are reasonable, from the down payment to the loan, it is clear.
So, why was the 180,000 yuan that Ms. Cao used for the down payment transferred by the legal representative of Jinfang Real Estate?
In this regard, Jinfang Real Estate responded that the money was actually a commission for the sale of the house, which was given to Ms. Cao's boyfriend, Mr. He. Normally, the commission is paid after the sale of the house, but Mr. He told them that Ms. Cao was his girlfriend and he was willing to give her his commission as a down payment, and they paid the commission in advance based on human considerations. As for why the commission is the same as the down payment, it is 180,000 yuan, Jinfang Real Estate said that it is an internal secret and cannot be told reporters.
So, what is the "zero down payment" that the sales previously said? The developer denied it on the spot, saying that "everyone has freedom of speech."
As for Ms. Cao's request to move out, the developer said that it could be negotiated, "In the case of paying liquidated damages, you can apply to the group company." ”
Ms. Cao insisted that she was not in breach of contract. Because, she thinks that this purchase of a house is completely kept in the dark and is a fraud. So from a legal point of view, Ms. Cao's so-called boyfriend is actually a sales agent, is it considered a fraud?
Guo Licheng, a lawyer at Zhejiang Haihao Law Firm, believes that the crime of fraud must meet: first, the act of objectively fabricating facts to conceal the truth; Second, the act of subjective unlawful possession. Fabrication and concealment of facts, according to Ms. Cao's account, are objective; However, it is subjectively illegal possession, and the evidence is insufficient at present. Because after the house was purchased, it did belong to Ms. Cao, not her boyfriend.
However, the lawyer also said that Ms. Cao still had the opportunity to check out without responsibility. "If there is evidence that there is collusion between the real estate agent and the developer to induce the consumer to buy the house, then the buyer can use a civil lawsuit to determine that the contract is invalid and demand that the contract be terminated."
Subsequently, the reporter reported the situation to the local housing and construction department in Huzhou. The housing and urban-rural development department first confirmed that zero down payment must be in violation. For this transaction, they will follow up the investigation and will also give feedback to Ms. Cao as soon as possible.
Source: Xiaoqiang Hotline Zhejiang Education Department