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A房产公司在兜售其新建成的某地市某地段写字楼时,打出了“售后包租”的字样,允诺凡是向该公司购买写字楼的客户,均可以与其推荐的中介经营商B公司签订“包租”协议,由B公司向购房者租下已购买的写字楼,租赁期为10年,每年支付租金为购房总价的8%。2005年3月,张先生向A房地产公司购买了该新建写字楼的一整层,张先生又依据A房产公司的“包租”承诺,与B公司签订“租赁协议”一份。开始一年,各方均按合同约定履行。但第二年开始,B公司不按约定支付租金,B公司的答复为,由于写字楼经营状况不甚良好,资金周转发生问题,因此暂无能力继续支付租金。张先生又致电A房产公司,要求其履行“包租”的承诺,A房产公司辩解说,双方仅存在房屋买卖关系,其与B公司之间的纠纷与A公司无关。最后B公司因经营不善,停业破产,张先生虽提起诉讼亦已无用。10年包租转眼成为泡影,张先生追悔默及。
A real estate company in the sale of a lot of its newly built office buildings in a section, played a “after-sale charter” message that all companies who purchase office space to the company, and its recommended intermediary operator B company signed a “charter” Agreement, by the B company to buyers from buyers to rent the office has been purchased, the lease period of 10 years, the annual payment of rent for the total purchase price of 8%. In March 2005, Mr. Zhang purchased a whole floor of the new office building from A Real Estate Company. According to the “charter” commitment of A Real Estate Company, Mr. Zhang also signed a “Tenancy Agreement” with Company B. The year started, all parties are fulfilling the contract. However, from the second year onwards, Company B did not pay the rent as agreed. Company B’s reply was that due to the unsatisfactory operating conditions of the office buildings and the problems of cash flow, it was unable to continue to pay the rent. Mr. Zhang also called Property Company A and asked him to fulfill his promise of “charter,” and Property Company argued that there was only a relationship between the sale and purchase of the house and that the dispute between him and Company B had nothing to do with Company A. Finally, due to poor management of Company B, business went out of business bankruptcy, Mr. Zhang litigation has become useless. 10-year charter became an instant bubble, Mr. Zhang trace silent.