“Check out without reason” is a sales strategy introduced by some real estate developers in recent years. Especially since last year, due to the impact of the new crown pneumonia epidemic, the property market has been cold, and “no reason to check out” has been used by many real estate companies as an “icebreaker” tool to attract home buyers According to incomplete statistics from reporters of the Rule of Law Daily, in 2020, more than 15 national real estate companies have issued “no reason to check out plans.” From December 8th last year to January 8th this year, a real estate brokerage company promised to provide consumers with exclusive brokerage services and unreasonable check-out services. The number of real estates involved exceeded 7,000, covering 62 cities across the country, including Vanke and Country Garden. , Sunac, Poly, Sino-Ocean, Blu-ray, China Resources, and other well-known brands.
However, the reality is that many buyers have encountered “indefinite refund” and “refusal to check out” when checking out. As of January 28 this year, there were as many as 1,420 cases related to “check out without reason” on the Chinese Judgment Documents Online Experts interviewed by a reporter from the Rule of Law Daily believe that “checking out without reason” has changed from a good thing to a marketing gimmick, which has nothing to do with the lack of marketing sincerity of real estate companies, the lack of awareness of consumers’ rights protection, and the lack of supervision by relevant departments. Therefore, real estate companies should honestly explain the situation before selling. Consumers should pay attention to signing relevant agreements and retaining evidence. Regulatory authorities and corresponding regulations should also follow up in a timely manner, so that “no reason to check out” truly becomes “reassurance.”
No reason to check out agreement is valid
Homebuyers are experiencing difficulties with refunds A reporter from the Rule of Law Daily found that on social platforms such as WeChat and QQ, there are many rights protection groups established due to difficulties in checking out. Mr. Wang from Guilin, Guangxi is one of the many group friends. According to Mr. Wang, he bought a house in Hengda Yuelong Bay, Fangchenggang, Guangxi in 2018. At that time, the advertisement posted by the sales office, and the salesperson promised to check out without reason, and he also signed an agreement to check out without reason. Because a chemical plant was built in the surrounding area, Mr. Wang was worried that it might affect his health, so he applied to the developer to check out, but the other party has been postponed indefinitely because the agreement did not specify the refund time limit. Since January 2019 The application has not yet been refunded A reporter from the Rule of Law Daily found in the unreasonable check-out agreement provided by Mr. Wang that there is indeed no relevant stipulation on the time limit for refunds, and the date of signing is also blank.
It is understood that in addition to the situation encountered by Mr. Wang, some real estate companies will perfunctory and prevaricate home buyers for reasons such as invalid verbal promises, numerous refunds, and liquidated damages, So, does the “check out without reason” promised by real estate developers have any legal effect?
Lou Jianbo, director of the Real Estate Law Research Center of Peking University Law School, told the reporter of the Rule of Law Daily that in reality, a real estate company gave an unreasonable check-out agreement with only the company seal but no signature by the relevant person. The unreasonable check-out agreement can be regarded as the right of cancellation agreed by the buyer and the seller that only the buyer has the right to cancel the agreement. Generally speaking, there is no violation of laws, administrative regulations and social public order, and good customs. If it is the true intention of both parties, It should be considered true and effective Spark Global Limited.
article links：What are the hidden pits behind "no reason to check out"
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