news

ms. xiao from changsha purchased a residence in phase 3 of evergrande yujing tianxia city in 2021, and transferred 63,000 yuan to the property consultant cao moumou to purchase parking space no. 189 at the entrance and exit from the elevator to the basement, which can accommodate two cars.

three years later, in january 2024, she discovered that her parking space was equipped with a ground lock. she asked the property management and was told that her parking space was an evacuation passage and could not be used for parking.

ms. xiao asked the property management to replace her with two parking spaces, or to replace it with one parking space and refund the difference. since she had been unsuccessful, she found chen yi to help the reporter.

on the afternoon of september 14, the reporter accompanied ms. xiao to the evergrande yujing tianxiacheng property management center in kaifu district. mr. jiang (a pseudonym), a staff member of the property marketing department, said that he was not aware of the ground lock and that parking space no. 189 was a standard parking space, not the parent-child parking space claimed by the owner. mr. jiang believed that whoever sold the parking space to ms. xiao should be held legally responsible.

since the person in charge has not come forward, the reporter called the property several times.the changsha branch of jinbi property co., ltd. andthe phone calls to cao, a former real estate consultant, were not answered.

the owner transferred money to the property consultant when buying the parking space. three years later, the parking space was installed with a ground lock: occupying the evacuation passage

on september 14, ms. xiao told the reporter from morning help, "i bought this parking space because i thought it was a double parking space, which can accommodate two cars and is close to the elevator."

ms. xiao produced the transfer record at the end of june 2021. she transferred 60,000 yuan to cao, the property consultant when she bought the house, and transferred 3,000 yuan via wechat. the other party replied on wechat that "received the parking space on the first floor of the third phase, 189". ms. xiao said that the drawings provided when she bought the house also indicated that the parking space was a regular parking space.

the reporter noticed that the "parking space contract" provided by ms. xiao stated that the total price of the a189 parking space she purchased was 39,000 yuan.

since ms. xiao did not live in the community regularly, she only noticed that a ground lock was installed on her parking space no. 189 in january this year. "the property management said that this is a fire evacuation passage and parking is not allowed. they said they wanted to change (the parking space). because the ordinary parking space is 39,000 yuan, and i actually paid 63,000 yuan, a difference of nearly 30,000 yuan. they were unwilling to refund or compensate me for the parking space, so they forced me to change to an ordinary parking space."

since the owners knew that ms. xiao's parking space was an evacuation passage, after ms. xiao removed the ground lock and parked her car, the owners hoped that ms. xiao would not park there to block the evacuation passage. "my car was scratched when i parked it in this parking space. i feel uneasy here day and night. will my car be scratched again? where should i park?"

currently, ms. xiao hopes that the property management can coordinate to replace her with an ordinary parking space and refund the price difference, or refund her full purchase price of the parking space, and she will return the a189 parking space.

property marketing department staff: whoever sold it should contact whoever sold it. we don’t know who installed the ground lock.

that afternoon, chen yi helped the reporter to accompany ms. xiao tothe evergrande yujing tianxiacheng property management center is located in kaifu district.

mr. jiang, a staff member of the property marketing department, took out the drawings when it was delivered and said, "parking space no. 189 is a standard parking space. when we sold it, we also sold it as a standard parking space of 12.72 square meters. the owner insisted that it was a double parking space. she wanted to change it to a double parking space. how do you think i should deal with it for her?"

mr. jiang said that since he had not worked on the property project before, "i really don't know the price at that time. i was transferred here after the company had problems. you should go to whoever you bought the property from. she should bear legal responsibility for her promises to you and for collecting money from you."

regarding whether the parking space can be sold, mr. jiang said, "this parking space was approved by the relevant departments when it was reported for construction, so it can be sold."

regarding the ground locks on the parking spaces without the knowledge of the owners, mr. jiang said, "i was not aware of it."

since the person in charge has not come forward and mr. jiang has not provided the contact information of the relevant person in charge, the reporter has called thepropertythe changsha branch of jinbi property co., ltd.none of the calls were answered.

that evening, ms. xiao contacted the property consultant cao, who told her, "i remember that when i sold it, it was indeed a standard parking space. if i had said it was a fire escape at the beginning, i would not have sold it."

regarding the parking space price reflected in the contract as 39,000 yuan, rather than the 63,000 yuan in ms. xiao's transfer record, cao said, "i am just a salesperson, doing things as required. we are just doing things, and we don't know the specific situation."

is it legal to buy a parking space that occupies an evacuation passage? lawyer's analysis

question 1: if the parking space is located at an evacuation passage, is it illegal to sell the parking space at that time? is the sales contract legally binding?

liu yan, member of the management committee, senior partner and deputy director of hunan united venture law firmit depends on whether the fire inspection of the underground garage was carried out before or after the parking space contract was signed.

if the fire inspection is conducted after the contract is signed, and the corresponding rectification of the fire emergency evacuation passage is initiated after the purchase and signing of the contract, then the contract was legal and valid at the time. it is only because of the change in the evacuation passage that the contract needs to be adjusted. it is a policy adjustment, and the parking space needs to be restored due to force majeure. in this case, the developer and property management should replace the corresponding parking space for the consumer, and the replacement parking space should maintain the same purpose of use as the original parking space. if it is a parent-child parking space, it should also be replaced with a parent-child parking space, and the replacement location should also meet the convenience of consumer use.

if the fire inspection is carried out before the contract is signed, that is, the fire emergency evacuation passage has been planned before the parking space is sold, then the developer concealed the situation and sold the location as a parking space, which is a fraud against consumers. because the contract is invalid due to fraud by the developer or violation of the law, the developer must bear the corresponding compensation liability. if negotiation with the owner fails to reach a replacement, the developer must not only refund the consumer's purchase price for the parking space, but also make certain compensation.

question 2: is it illegal for the property to install a ground lock at the location without informing the owner?

liu yan believes that if the location is indeed a fire emergency evacuation passage, the property company's act of installing ground locks for fire safety and to prevent vehicles from parking is not illegal, and as a property company, it has fulfilled its fire-related defense and protection obligations, which also falls within the scope of the property company's services. if the location is not a fire emergency evacuation passage, then the property company's arbitrary locking of the owner's purchased parking space would constitute a violation of the law.

if the property management company knows which owner the parking space belongs to, it should fulfill the accompanying obligations, that is, notify the owner of the relevant situation. if the parking space at the location needs to be rectified due to force majeure, resulting in the owner needing to change the parking space, the developer and the owner should communicate and coordinate in time to resolve the problem.

liu yan said that the two parties to the parking space sales contract are the developer and the owner, and the two parties to the property service contract are the property company and the owner. their contracts are relative. just because the parking space sales may be illegal, the responsibility cannot be attributed to the property service, and the property cannot fail to provide property services for this reason.

xiaoxiang morning news reporter duan yingqi