问题 多项选择题

如有证据证明,黄小姐与房产公司在认购书中签订了定金条款,后房产公司依约通知黄小姐签订正式商品房买卖合同,最终因为双方对面积确认是按套内建筑面积还是套内使用面积计算上相持不下(认购书中只笼统地约定建筑面积约150平方米),最终未达成商品房买卖合同,则以下说法中不正确的是:

A.房产公司应双倍返还定金

B.房产公司应返还定金

C.黄小姐不可要求返还定金

D.以上说法都不对

答案

参考答案:B

解析:[测试点] 商品房买卖的特殊规定。 按照《最高人民法院关于审理商品房买卖合同纠纷案件适用法律若干问题的解释》第4条的规定:“出卖人通过认购、订购、预订等方式向买受人收受定金作为订立商品房买卖合同担保的,如果因当事人一方原因未能订立商品房买卖合同,应当按照法律关于定金的规定处理;因不可归责于当事人双方的事由,导致商品房买卖合同未能订立的,出卖人应当将定金返还买受人。”本题中,商品房买卖合同未能订立是因为正常的讨价还价,对双方而言均为正当,故属于“因不可归责于当事人双方的事由导致商品房买卖合同未能订立”,所以房地产公司应当将定金返还买受人黄小姐。

阅读理解

    Homebuyers nationwide are watching housing prices going up, up, and up. “How high can they go?” is the question on everyone’s lips? “As long as interest rates stay around 5 percent, there’s no telling,” remarked one realtor in Santa Monica, California.

“It’s crazy,” said Tim, who is looking for a house near the beach. “In 1993, I bought my first place, a two-bedroom condominium in Venice, for $70,000. My friends thought then that I was overpaying. Five years later, I had to move. I sold it for $230,000, which was a nice profit. Last year, while visiting friends here, I saw in the local paper that the exact same condo was for sale for $510,000!”

It is a seller’s market. Homebuyers feel like they have to offer at least 10 percent more than the asking price. Donna, a new owner of a one-bedroom condo in Venice Beach, said, “That’s what I did. I told the owner that whatever anyone offers you, I’ll give you $20,000 more, under the table, so you don’t have to pay your realtor any of it. I was tired of looking.”

Tim says he hopes he doesn’t get that desperate. “Whether you decide to buy or decide not to buy, you still feel like you made the wrong decision. If you buy, you feel like you overpaid. If you don’t buy, you want to kick yourself for passing up a great opportunity.”

Everyone says the bubble(泡沫) has to burst sometime, but everyone hopes it will burst the day after they sell their house. Even government officials have no idea what the future will bring. “All we can say is that, inevitably, these things go in cycles,” said the state director of housing. “What goes up must come down. But, as we all know, housing prices always stay up a little higher than they go down. So you can’t lose over the long run. Twenty years down the road, your house is always worth more than you paid for it.”

60.If Tim had sold his flat last year, he could have earned          .

A.$ 510,000                B.$ 440,000                C.$ 280,000                D.$ 160,000

61.Donna paid another $ 20,000 to the owner secretly because          .

A.she felt like offering 10% more                    B.secret money made low price

C.the owner asked for the money                  D.she was bored with bargaining

62.We can infer from Tim’s words in paragraph 4 that           .

A.homebuyers feel hesitate facing rising house prices

B.buying a house is always a great opportunity

C.homebuyers never make the right decision

D.both sellers and buyers become desperate

63.What is the author’s opinion about the housing bubble?          

A.It is something everyone hates to see

B.Only experts know when it will burst

C.It is unavoidable in the regular circles

D.It usually stays for about twenty years

单项选择题