Legal analysis: Subscription is an illegal act of real estate developers before obtaining the pre-sale permit, aiming at collecting a certain amount of "subscription money", which is explicitly prohibited by the state in order to circle some customers.
The specific operation of "recognizing funds" is roughly as follows. First of all, consumers go to the developer to fill in their personal data and pay a lot of "sincerity money", and they will get a "certificate" with various names such as VIP card, VIP passport, VIP consumption card or subscription card. Only after obtaining these "certificates" can consumers qualify 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.
_ The second step is the so-called "financing solution" (general developers will start the "financing 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. After that, the selected person will choose the house number and pay the down payment, sign the subscription book or pre-sale contract, and sign the subscription contract with the developer after picking the house number. Then sign the "Pre-sale Contract" or "Real Estate Sales Contract".
It is said that the so-called "recognition" is a real estate marketing tool that Shenzhen developers learn from their counterparts in Hong Kong. However, after "recognition" came to the mainland, it is "raging" in another form.
The "queuing fee" formed by "capital recognition" is not equal to the deposit, nor is it a performance guarantee, and it is not legally binding on developers. If the sales developer sells the pre-sold house to a third party or raises the house price at will, the developer only needs to return the "queuing fee" to the buyers without paying liquidated damages or double indemnity.
_ If developers find that there are many "recognized" customers who are eager to buy, they will raise the house price at will and sell the house at the raised price. For the original number of property buyers, take the way of returning the number fee, and cancel the right to choose the house first and enjoy preferential prices. Some developers immediately notify property buyers after subscription, turn the deposit into a "deposit" and sign a "subscription book" in an attempt to legalize the subscription and swallow the deposit in the form of a "deposit".
It can be seen that this marketing method provides a risk-free speculation platform for developers, disturbs the normal operation order of the real estate market, encourages the inflated housing prices and harms the rights and interests of consumers.
Legal basis: Article 587 of the Civil Code stipulates that if the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit;
If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.