1. What do you mean by buying a house?
The so-called subscription means that before the project is officially put on sale, the developer attracts consumers who are interested in buying houses through some preferential ways, and pays the seller the fees such as "matching fee" and "sincerity fee" in advance, and obtains the numbers in the order of payment. When solving financing, consumers can choose according to the number sequence, buy houses, and enjoy the preferential price concessions agreed at the time of allocation. In fact, any form of "recognition", "internal recognition" and "VIP lottery" are illegal acts of real estate developers before obtaining the "pre-sale permit" explicitly prohibited by the state. According to the regulations, before obtaining the pre-sale permit of commercial housing, developers are not allowed to release any sales information, and it is strictly forbidden to sell unlicensed commercial housing in any form such as "recognition", "internal subscription" and "internal registration", and they are not allowed to charge buyers any fees with the nature of advance payment, such as queuing fees, deposits and subscription fees.
Sometimes, there is a saying that "many people subscribe for the same house". Moreover, the subscription content does not stipulate the basic terms such as the purchase price. The agreement of "subscription" has great uncertainty and does not have the legal effect of an appointment contract. "Subscription money" requires developers to return the original "subscription money", which not only brings interest losses to buyers, but also delays the opportunity to buy a house, causing chaos in the real estate market.
Second, what is the identification process?
The specific operation of subscription is roughly as follows.
1. First, the consumer goes to the developer to fill in personal data. After paying a large amount of "sincerity money", they will get a "certificate" with various names such as VIP card, VIP passport, VIP consumption card or subscription card.
After obtaining these "certificates", consumers are eligible for "recognition". However, the number of consumers who are often qualified to "recognize" will far exceed the number of houses actually launched by the real estate.
3. It is the so-called "solution" (general developers will start the "solution" after obtaining the pre-sale qualification). In the case that the number of "approved" houses exceeds the actual number of saleable houses, developers generally take the form of "drawing lots" to select people who can choose houses from the "approved" consumers.
4. Pay the down payment for the selected house with a unified house number, sign a subscription book or a pre-sale contract, and sign a subscription contract with the developer after selecting the house number. Then sign the "Pre-sale Contract" or "Real Estate Sales Contract".
3. Subscription funds can be returned unconditionally. Pay attention to the exemption clause.
When the terms are not signed, the subscription has no legal effect, and the "sincerity money" and subscription money paid by the buyers during the subscription process can be refunded. When purchasing and signing a formal sales contract, buyers need to be careful to identify and prevent behavioral clauses that harm their legitimate interests. When signing any terms, they should also look carefully and pay attention.
Need to carefully check the contract, whether there is an agreement: if the developer stipulates in the subscription agreement that the buyer will not buy a house for personal reasons in the future, then the subscription money will not be refunded; Or agree to directly convert the subscription money into the deposit (according to the law, the buyer has no right to demand the return of the deposit if he fails to perform the contract, and the developer shall return the deposit twice if he fails to perform the contract. ), if there is an agreement between the two parties as a "down payment", it can be executed according to the contract, and then it will not be refunded.
4. What if the developer doesn't refund the subscription?
Subscription of funds is an expression of buyers' sincere desire to buy a house. There is no contractual relationship of responsibility and obligation between buyers and developers, which has neither legal attribute nor the nature of guarantee or punishment.
When paying the subscription money, buyers must read the contract carefully to ensure that it is the subscription money rather than the deposit, and there must be an unconditional refund clause in the contract. Subscription funds are different from deposit, which is the deposit for signing a contract. Subscription funds do not have any guarantee attributes. As long as the buyers are unwilling to buy a house or have not yet bought a house, the developers must return the subscription money unconditionally!
If the developer is unwilling to return the subscription money, the buyer can complain to the local construction committee, housing authority, industrial and commercial bureau and other government departments, or bring a lawsuit directly to the court, but must keep the evidence such as contracts, receipts and transfer bills signed when paying the subscription money.
5. Don't transfer the subscription money to the deposit, and return the deposit conditionally.
(The above answers were published on 20 19-0 1-02. Please refer to the actual situation for the current purchase policy. )