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POMERANIA Investor shows contract UOKiK
To avoid client's pretension
Mach company that builds flats in Trójmiasto wants to introduce new preliminary contracts with clients. It wouldn't be nothing strange in that but the developer asked Competition and Customer Protection Office for acceptance of the document.
This kind of actions, in UOKiK representatives' opinion, are very rare among developers although have positive influence to investor image. Mach company sent preliminary contract to UOKiK in last week. Now they are waiting for the decision.
Where this kind of idea come from? We would like to introduce, as a first developer operating on Trójmiasto market, new standard of contracts. The basic assumption is to guarantee our clients wider authorizations and exclude from previous contract points that could cause suspicion of consumer rights violation – says Tomasz Mach, the owner.
Some time ago his company increased prices of flats in Pruszcz Gdański. He explained that sudden increase of building materials forced him to do that.
- But opinions appeared that this kind of actions can violate client's rights. And that is something we cannot afford it – said Tomasz Mach. And added: New contracts with each client are going to be signed as a notarial deed to guarantee a possibility to include a claim of separate local ownership and transfer this right to the client.
Controls were made
OUKiK representatives praise the idea.
- From my experience I know that announcing to UOKiK preliminary contract by developer himself it's rather rare situation – says Jadwiga Teklak-Białek from Consumer Policy Department in UOKiK. Also she adds that UOKiK will examine and accept the contracts but according to earlier planned schedule.
- In that situation preliminary contracts used by particular companies are analyzed. These are not only sale contracts but also regulations, general conditions of the contracts that is each document which defines client's rights and duties - says Jadwiga Teklak-Białek.
- The last time contracts between developers and clients were controlled in 2003. The result was not very good. But it was a first action of this kind. The developers were not very aware of clauses that are not allowed in the contracts – she adds.
One thing must be remembered. This sort of controls have abstractive character, which means that they are considered with regard to compliance with the law not with particular situation. It is possible that in particular case some decision can be not good for the client. In that case the client can go to the court to fight his rights – says UOKiK clerk.
Clauses in register
UOKiK, during control, can question some points and propose changes. We give to developers a chance to introduce corrections and I have to admit they cooperate with The Office at most times. But if the developer does not comply to our directives, UOKiK president comes to the Consumers and Competition Protection Court with the petition to consider the contract arrangements as not-allowed – explains Jadwiga Teklak-Białek.
According to SOKiK' verdict, particular clause is noted in special register. According to The Supreme Court' resolution on 13th of July 2006, UOKiK president is allowed to consider the clause noted in register as a violation of consumers' rights and forbid its use. If the company does not comply to that decision will be fined.
What is the other developers' opinion about Mach action?. It is a very good solution – admits Adam Ploch, ex-Marketing Director in Agroman company. UOKiK stamp makes the investor more reliable and guarantee that the client will be treated in correct way.
Aneta Gawrońska
Rzeczpospolita, 2006.10.02
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