Mr. Xu purchased a rough house in Chengdong in March this year. After getting the room key, he was introduced by a friend. The same decoration company signed a renovation contract of RMB 100,000. The contract stipulates the use of contracted materials, including materials for 65,000 yuan, construction funds of 35,000 yuan, and the decoration period is 2 months. At the time of signing, the decoration company attached a list of decoration materials, including the name and price, to the back of the contract. This made it a relief for Mr. Xu, who had never been exposed to the decoration.
In the decoration process, Mr. Xu accidentally discovered the wood floor used in his home. The list indicated 260 yuan per square meter. Wooden floors of the same brand and the same specifications could be sold at the building materials supermarket for 160 yuan. Only this one, he paid nearly 4,000 yuan more. He investigated all the items on the list and found that the prices were all higher than the market price by about 15% to 30%, which meant that he spent nearly 20,000 yuan more in this renovation.
Mr. Xu found that the decoration company said that the decoration company may not be the same as the purchase channel to be blocked. He wanted to change the contract, put forward the remaining materials purchased by himself, and was also rejected by the decoration company. For this reason, after the renovation, Mr. Xu refused to pay the decoration company a final fee of 16,000 yuan. The decoration company did not get entangled with him. Just after the deadline for payment, he was taken to court. After the trial, the court found that the contract set by both parties was valid and the lawsuit ended with the failure of Mr. Xu.
He himself suffered a loss and he lost the lawsuit to make Mr. Xu unreasonable. He used the contract fraud as a reason to turn the decoration company to the court and asked the other party to refund the difference and make equal compensation. However, during the trial, the decoration company provided invoices for all purchase materials in accordance with the price, and there was no provision in the contract that the material price should be based on the market price. Therefore, the court finally found that the grounds for the contract fraud of the decoration company were not established, and rejected Xu's lawsuit request.
In this regard, legal experts believe that Mr. Xu, when signing a contract, should specify on the bill of materials attached to the contract that “the commodity price should be based on the current market price in the current monthâ€, or make some understanding of the market price before signing the contract. If you have a good idea, you will not lose out.
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