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Mr. Nguyen Anh Tuan, in front of the house, has a house that is 26m2 missing – Photo: Q.TH THE
According to the announcement of August 16, 2010, the project investor (Hi Brand Vietnam Co., Ltd., referred to as Hi Brand) has informed me of the expected delivery date of November 30, 2018. On February 13, 2019, the contact company asked me to complete the payment and proceed with the delivery of the house.
According to the sales contract, the land area is 97.36m2, the construction area is 72.7m2, the total construction floor area (excluding the roof) is 290.8m2, and the construction floor is 4 floors.
But I was very surprised to find that the actual construction area was only 66m2 per floor, the total area used was only 265m2, which is 26m2 smaller than the area in the contract, as well as in the advertisement (9%). . Through research, I know that many clients find themselves in this situation as well.
Hi Brand only informs customers about the “house payment and delivery” with the content acknowledging the discrepancy in the construction area and proposing to fix it by paying a reduction of 147.4 million VND.
The company self-assessed the remaining 5.5 million / m2 without any agreement with the buyer. And we were even more surprised when on September 27, 2019, I received a dispatch from Hi Brand with the content to receive it home before 10-10-2019 and did not respond to any content. bridge I proposed.
Upon realizing that Hi Brand has violated the provisions of the contract, I continue to request a settlement, but not a settlement.
We have authorized the attorney’s office to negotiate and negotiate with the investor a management plan and send a letter to many authorities, but so far the case has not been resolved.
What did the investor say?
Ms. Nguyen Thi Thanh, Head of Administration Department of Hi Brand Vietnam Co., Ltd., said: “This project has 359 adjacent apartments, 5 apartment buildings. The townhouses were put into operation in mid-2018, they They published red books for 1-2 years.
Some houses have errors in the construction area, when they are handed over to discover the incident. Build by design unit. This error is due to the displacement of the data, the wrongly written contract time.
Upon detecting an error, the administrative department sends a notice to the customer about the error and how to fix it. Specifically, in each case of shortages of more than 20m2, the company will recalculate the money (about 147 million dong).
The client disagreed with this option because he believed the area shortage would result in a decrease in the property’s value.
Ms Thanh said: “The client must demonstrate the value of the decrease with the time of purchase. We confirm that the client who bought the project from the beginning until now has a high profit, maybe double. the client sees that no. He can take legal action satisfactorily. “
* Lawyer Truong Anh Tu (Hanoi Bar Association):
There is a misleading expression!
With this incident, each house was left in a shortage of more than 20m2, equivalent to almost 10% of the surface of the house. Explaining errors due to typographical errors is difficult to accept.
An apartment project, an urban area has gone through many stages such as: design, construction, consulting, design supervision, evaluation …, there is no way that technical errors cannot be detected. This is a fraudulent act between the contract of sale and the actual construction.
The case is considered a civil dispute and has not been reached. The wrong information from the beginning was recorded in the contract to receive money from the customer.
Thus, there is a sign of “customer deception” (defined in the Penal Code of 2015, modified in 2017), so the authority to resolve belongs to the investigating police body.
QUANG THE write the
