Having paid the deposit, can we refuse the developer's request to add new conditions
2026-03-30
Currently, some developers offer preferential policies such as free parking spaces and storage rooms when buying a house. Developers can increase sales revenue, and homebuyers can also benefit from it, which is a win-win marketing model. However, some developers have violated consumer rights by forcibly bundling marketing after consumers have paid a deposit. In July 2025, Mr. Yang from Tongxin County, Ningxia subscribed for a residential property at a new property sales office, paid 160000 yuan in pre-sale fees as required, and completed the capital freeze procedures. However, when Mr. Yang went to handle the formal purchase procedures as notified, the relevant person in charge of the sales office suddenly suggested that he still needed to purchase a parking space. A parking space is priced at 50000 yuan and has no property rights. The other party claims that if they don't buy a parking space, they won't handle the procedures and won't recognize the previous subscription agreement, "Mr. Yang said. Coincidentally, in February of this year, when Mr. Yu from Shen County, Shandong purchased a house, the salesperson stated that he could enjoy corresponding preferential policies. After Mr. Yu paid a deposit of 20000 yuan, he was told that the prerequisite for enjoying the discount was to purchase a parking space simultaneously. A parking space costs 100000 yuan, much higher than the market price of 40000 to 50000 yuan, "Mr. Yu said. The other party stated that if they do not purchase a parking space, the discount will be cancelled. Mr. Yu does not accept it, and despite multiple complaints, the issue remains unresolved. In addition to bundling sales of parking spaces, Ms. Peng from Wuhan, Hubei, after paying a deposit of 50000 yuan for the purchase, the salesperson said that she must simultaneously purchase the developer's designated 149000 yuan decoration package to enjoy the discount. After Ms. Peng reluctantly agreed, the developer provided a private account and asked her to transfer a down payment of 29000 yuan for the renovation. There was no third-party supervision throughout the entire process, and no renovation contract was signed. Afterwards, Ms. Peng became increasingly wrong as she thought about it. She applied for a refund from the developer, but "the developer only agreed to refund the down payment for the decoration, not the down payment for the purchase." Ms. Peng complained multiple times within two years, but did not receive support from relevant departments regarding whether the developer had violated regulations. Many netizens have left comments on the "People's Complaints" section of People's Daily Online, stating that they have encountered problems with bundled sales of storage rooms or basements when buying a house. So, after paying the down payment for the house purchase, is it reasonable for the developer to add new conditions? Is bundled sales compliant and legal? Cui Xibin, a lawyer from Lantai Law Firm in Beijing, said, "Being asked to add new conditions such as purchasing ancillary buildings or decoration services after paying the advance payment is not only an act of attaching unreasonable conditions, but also a forced transaction behavior, which infringes on consumers' right to make independent choices and fair transactions. The developer's unilateral addition of transaction conditions has the right to refuse and demand the return of the deposit." Regarding the developer's refusal to return the deposit and other behaviors, Cui Xibin suggested that buyers can file a lawsuit in accordance with the law to terminate the contract and return the deposit. "Buyers should pay attention to retaining evidence such as call records, WeChat chat records, contract agreements, bills, etc., in order to protect their legitimate rights and interests." "The bundled sales problem in the real estate field is a recurring and typical market issue. Complaint pain points. This phenomenon is mainly concentrated in parking spaces, underground ancillary spaces, storage rooms, fine decoration packages, decoration upgrade packages, and other aspects. ”Professor Xia Fangzhou from the School of Public Administration at Renmin University of China stated that as early as 2016, the Ministry of Housing and Urban Rural Development had listed "forcing homebuyers to accept prices for goods or services through binding, bundling, or additional conditions" as an unfair business practice that should be strictly investigated in accordance with the law; In 2021, the Ministry of Housing and Urban Rural Development and eight other departments jointly issued a document to clearly list "bundled sales of parking spaces and storage rooms" as a key focus of rectification in the field of housing sales; In 2023, the Ministry of Housing and Urban Rural Development and the State Administration for Market Regulation jointly issued the "Opinions on Standardizing Real Estate Brokerage Services", which once again clarifies that real estate brokerage agencies "shall not mix pricing and bundle fees", and strengthens the supervision of clear pricing. Since it is an explicitly prohibited behavior, why do developers repeatedly "tread the line"? According to expert analysis, developers usually have three motivations for adopting this approach. One is that in areas with registered prices, guidance prices, or price sensitive constraints, some developers transfer part of the housing prices to projects such as parking spaces, decoration, and home appliances. The second is to sell parking spaces, storage rooms, decoration packages, and residential main products that originally had longer turnover cycles together, which can accelerate payment collection. Thirdly, this approach is not only a disguised means of price increase in some places, but also a management tool for reducing inventory and increasing cash flow. Some people believe that the pre-sale system of real estate is an important reason for bundled sales. Regarding this, Xia Fangzhou stated that the pre-sale system is not the legal root of bundled sales, but objectively it will amplify such issues. "In pre-sale, it is difficult for buyers to verify the ownership of parking spaces, decoration and delivery standards, whether the model house is consistent with the physical object, and whether the additional items are real and necessary. At the same time, developers attach more importance to payment collection during the pre-sale stage, which makes it easy to bind parking space pre subscription, decoration package, upgrade package, and house subscription." Cui Xibin believes that there are ambiguous areas in actual law enforcement that lead to such phenomena being repeatedly prohibited. On the one hand, the boundary between legal "synchronous sales" and "package discounts" and illegal "mandatory bundling" is sometimes blurred, especially when developers package mandatory conditions as "discount prerequisites", making it more difficult to obtain evidence. On the other hand, the housing and construction department is responsible for regulating the order of the real estate market, while the market supervision department is responsible for regulating prices, standard terms, and consumer rights. The court then handles the validity of contracts, refunds, and compensation, and the same behavior often needs to be handled separately. In addition, many bundled sales behaviors are not included in the main contract, but occur during the subscription, ranking, and discount negotiation stages, with more verbal promises and less written evidence. By the time they enter the formal contract text, the coercive traces have been weakened, "said Cui Xibin. Experts have provided corresponding suggestions on how to regulate this issue. To fundamentally solve this problem, the house itself should be priced, signed, paid, and invoiced separately from parking spaces, storage rooms, and decoration packages. Xia Fangzhou believes that any optional items should not be a prerequisite for obtaining the qualification to purchase a house, enjoying housing discounts, or signing the main contract. For high-end decoration projects, the decoration standards should also be written to the extent that they can be verified, including brand, model, grade, delivery list, and whether the model house is consistent with the actual delivery. Cui Xibin said, "Bundling sales may also involve unfair competition behavior, which often occurs in the area where the responsibilities of the housing and construction department and the market supervision department intersect, leading to consumer complaints being easily shirked. Therefore, it is recommended that relevant departments establish a collaborative mechanism, jointly enforce the law, and investigate similar issues." Lawyers also suggest that consumers should carefully read each clause before signing subscription or purchase contracts. During the process of purchasing a house, we will keep WeChat chat records, call recordings, and other communication with sales personnel throughout the entire process. We will resolutely not sign any "voluntary letter" or "commitment letter" that is forced to recognize bundling. Before paying the deposit, we must clearly exclude bundling conditions and not be swayed by hunger marketing tactics such as tight housing resources and limited time discounts. We will maintain rational purchasing. If we encounter bundled sales, we can first negotiate with the developer. If negotiation fails, we may file a civil lawsuit in accordance with the law if necessary, "said Cui Xibin. (New Society)
Edit:Yingying Responsible editor:Yiyi
Source:people.com.cn
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