The contradiction is what kind of "fixed decoration" contains?
On October 30 last year, Xiao Zhang passed the “I love my family†agent and bought Ms. Song’s house in the Chunjiang Huayue Community, which had a housing price of RMB 3.85 million.
This is written in a house purchase contract: the purchase price includes an underground garage, a property maintenance fund, a video doorbell, curtains, lighting, and a fixed decoration.
In the specified time, Party B paid for the purchase price. On November 12, the transfer procedure was completed and the three cards were handed over. Before submitting the house, Ms. Song Song of Party A suggested that Xiao Zhang could pay an additional RMB 200,000 for the renovation fee to stay.
Yesterday, Xiao Zhang brought Ms. Song to the court and demanded that she pay the house and pay the liquidated damages, as well as the decoration was damaged by 15,000 yuan.
Both parties disputed the meaning of "fixed decoration" written in the contract.
The seller does not make the house, the buyer changes the door lock
For the renovation, the two sides negotiated several times. It was only the opening of the court. It was the fourth time yesterday.
On January 10 this year, it was originally the day of home delivery. Xiao Zhang and Ms. Song had noisy because of the renovation. Ms. Song's suite was renovated twice and claimed to have taken a lot of effort.
The witness Xia said that she was accompanied by Ms. Song to go to the house. Ms. Song to 200,000 yuan renovation fee, Xiao Zhang said that this decoration is not worth so much, up to 100,000 yuan. Xiao Zhang told him through the intermediary that "they can produce 50,000 yuan." Ms. Song did not give up, saying that this time a big loss. Mr. Xia suggested 80,000 yuan. After that, Xiao Zhang did not respond, and the intermediary did not open his mouth.
Xiao Zhang’s agent said that at the time it was 50,000 yuan, he wanted to be a compromise. He did not want things to be too unpleasant, but it did not mean that he agreed with the decoration fee.
The witness Xiao Shen was a friend who opened a shop with Ms. Song in Sijiqing. She said that on January 9th, she and Miss Song went to Xiao Zhang to talk about the decoration. When they reached the house, they saw Xiao Zhang’s family come to a lot of people and fidget with the camera.
The next day, when Xiao Shen and Ms. Song went to see the house again, the door could not be opened. They called open the lock to open the door and warn them. The police said that this matter was in the civil domain and they were allowed to discuss it with each other. At this time, they probably knew that Zhang had changed the lock.
Central air-conditioning is not a fixed decoration
When it was listed for sale, it was good decoration.
Yesterday, the judge asked Xiao Shen: You have seen the house. Can the house live immediately? Xiao Shen said that he could not, "The bathroom is empty, there are no toilet bowls or sinks, only tiles, and there are traces of decoration."
Afterwards, central air conditioners and hoods in the kitchen were also missing. The defendant admitted that these were removed after the plaintiff refused to pay the decoration fee. However, bathroom facilities have not existed.
“Central air-conditioning and hoods are not fixed fixtures.†The idea of ​​Ms. Song is: floors, walls, windows and doors and windows that cannot be moved are facilities that are “fixedâ€. Others include curtains, lighting, air conditioning, and kitchens. Equipment and bathroom equipment are not "fixed decoration." So the dismantling is rational. To this end, they also provided a decoration agreement for the Jiuding decoration, attesting to the "fixed decoration" section that they packaged at the time.
Xiao Zhang does not agree. "The decoration is all-inclusive and half-package. The main material provided by the owner cannot be excluded from the fixed decoration."
There is usually a supplementary agreement outside the contract
"I have this feeling with Song, and it is mainly an intermediary problem," said Xia during his testimony. On the day of the handover, when he talked with the “I love my family†staff, they blamed them: these contents should be stipulated in the contract, and the decoration problem is too ambiguous. This is your fault.
Mr. Xia said that at the time, "I love my family," I apologized after hearing the accusations, saying that it was a newcomer who might handle this matter and he was not familiar with the business.
The reporter learned that when real estate agencies act as agents for similar housing transactions, there is generally no "fixed decoration" in the contract. However, after the two parties will sign a supplementary agreement, there is a column that lists the ownership of family facilities such as air conditioners, refrigerators, TVs, and hoods. Before each facility is marked, it is attached to Party B with the house.
The case will have a verdict in recent days.
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