Consumers have the right to choose independently when buying things. I can choose to buy or not.
But if you force me to buy this thing through other actions, that is forced transaction, and if the circumstances are serious, it is suspected of being a crime.
However, before this, even Zhou Xinran did not directly link it to the crime of forced transaction, because before this, this crime was mostly related to those who used threats of violence to force purchases and sales.
The original purpose of establishing this crime was to crack down on acts that disrupt market order and infringe on personal safety.
Therefore, this crime will more often constitute an imaginary competition with other crimes such as intentional injury.
Lawyer Fang nodded and said, "This certainly constitutes the crime of forced transaction. This manager is quite clever and hasn't gotten into adultery. But there aren't that many bargains in this world."
"So Zhou Yi, have your company's security guard go buy it. Remember, before that, you must have the person transporting the materials come again, have the security guard at the door stop them once, and then go get a pass. Record any instances where they refuse to issue one."
"This evidence must form a chain of evidence with the previous denial. Then, we'll go buy the materials and ask the material supplier if we can move into the community after purchasing them. It doesn't matter if they answer or not, but an answer is even better."
"He didn't answer, but this material will definitely be accepted. Given this situation, it doesn't matter whether he answers or not."
"Finally, find other residents of the community and ask them to testify and jointly file a police report. This crime is a consequence-based crime, and the circumstances must be serious..."
Attorney Fang took a sip of his coffee with added coffee when he said this. He had just listed all the key evidence needed for the entire case in one breath.
The chain of evidence sounds complicated, but it is not too complicated. It is a chain of evidence formed by linking each link to the next and proving each other.
There is a contrast between the past and the present. Before, I bought the materials from other places to apply for a pass, but it took a long time to get it. Later, I bought it from the community partner and was able to enter the community instantly.
Zhou Yi nodded repeatedly and said, "No problem, Mr. Fang. It's fine if he lets the company pay for the materials. It's all for the case after all."
"But there's a problem, Mr. Fang. If we ask those people from the same neighborhood to come forward and report to the police as witnesses, many of them probably won't be willing to do so."
this
Zhou Yi is not exaggerating, this is a fact.
Liu Daneng wanted to ask his neighbors for help that day, but they ignored him.
Now everyone is busy sweeping the snow in front of their own door. Anyway, it’s fine as long as our house is renovated. As for other things, like calling the police and testifying, it sounds troublesome and is definitely not an option.
"Of course they don't want to. Even if they let me go, I don't want to. Everyone in the world is motivated by profit. So I told them that if they report the case together and testify together, they can receive compensation from the property management company once the case is concluded."
"Moreover, the renovation deposit they paid can be returned in advance!"
Zhou Yiwen was stunned. "Can I get the renovation deposit back in advance?"
"Of course. Wait a minute, Zhou Yi, you know there's no legal basis for collecting a renovation deposit, don't you?"
Now it was Fang Dazhuang's turn to be confused.
Zhou Yi nodded and said, "I really don't know, and I think there are probably many people who don't know the same as me..."
This is relatively unknown knowledge. Whether it is the property management regulations issued by the state or the local regulations, there is no law or regulation that clearly stipulates that a renovation deposit can be collected...
However, there is no explicit prohibition in the property management regulations, which leads to a consequence that the property management company seizes this opportunity and does whatever is not prohibited by law.
No matter how many residents there are in a community, every household that wants to renovate their homes has to pay this fee. Renovation is not allowed if the fee is not paid. In addition, many properties will stipulate that the fee will only be refunded one or two months after the renovation is completed.
There are even some shameless ones in the north who will wait until the end of the heating season before refunding the money, saying that they want to see if there are any leaks after the renovation...
So you can imagine how much money the property management company has collected over such a long period of time. Even if this money is deposited in the bank for a short period of time, the interest will be quite high...
"So, in recent years, all of our regions have begun to introduce regulations prohibiting property management companies from collecting renovation deposits or security deposits. Coincidentally, Jingzhou introduced such regulations in August of this year, but I guess not many people know about it..."
Zhou Yi nodded, clenched his fists and said, "I'm fine, Mr. Fang."
It’s still Mr. Fang, he considers the problem so comprehensively.
It's impossible that no one in the community cares about this money. There will always be someone who cares about it. As long as the amount is enough, it will definitely be considered a crime.
There are six circumstances under which forced transactions can be filed, one of which is forced transactions three times or three times...
How should I put it, "three" in criminal law is really a magical number.
"First, collect all of this and send it to me. I'll help you organize it. Jingzhou doesn't allow such a badass property manager!"
After drinking coffee, the three of them went back home.
Zhou Yi returned to the company and began to make arrangements, and called Liu Daneng.
"Mr. Zhou, I'm a little confused. You wanted me to find the material supplier and ask them to make another delivery, but they're definitely going to stop me."
Liu Daneng touched his head and said.
"I'm going to stop them, but don't worry about it. Just take a picture with your phone and then discuss a return. It's considered a breach of contract, so I definitely won't be able to refund you. But don't worry, you'll get your money back soon."
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