Attract consumers who have the intention to buy a house to pay the seller "ranking fee" and "sincerity fee" in advance, and get the number according to the payment order. When solving problems, consumers can choose according to the order of the number, buy a house and enjoy the preferential price agreed at the time of ranking. In fact, any form of "recognition", "internal recognition" and "VIP numbering" behavior,
They are all 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, the developer shall not release any sales information, and it is strictly forbidden to sell unlicensed commercial housing in any form such as "approval", "internal subscription" and "internal registration".
Do not charge any prepaid fees to the property buyers, such as queuing fees, deposits, subscription fees, etc.
What is a subscription fund?
"Subscription" means that buyers show their sincerity in buying a house. General property buyers need to fill in personal purchase information and pay subscription fees, ranging from several thousand yuan to tens of thousands of yuan. This is the so-called "subscription fee"
After the general approval, the buyer will become a VIP customer of the property and enjoy preferential housing selection and discounts. This sincerity needs to be reflected by paying the "approval fee". After paying the "subscription fee", buyers can get the preemptive right of the house and enjoy a certain degree of price concessions.
When the real estate is officially opened for sale, the "recognized" buyers will choose houses in the order of "priority", and after choosing houses, they will sign formal housing sales contracts with developers.
If the buyer does not choose the ideal house, the developer will return the "subscription money" to the buyer in full. The essence of "subscription fund" is that developers get a lot of money before the opening and recover a lot of money in a short time to solve the urgent needs of developers.
Can the subscription funds be refunded?
When the terms are not signed, the subscription has no legal effect, and the "sincerity money" and "subscription money" paid by the purchaser in 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.
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Violation of regulations
Wang Nailong, a lawyer of Liaoning Longfeng Law Firm, said that China has a pre-sale permit system for commercial housing, which allows developers to carry out pre-sale with financing nature. However, according to the relevant national regulations, developers can't have any sales behavior before obtaining the pre-sale permit. The "recognition" activity carried out by developers is a kind of illegal sales and disguised sales.
Illegal sales are not protected by law. Teacher Luo also said "the order of recognition" when he "recognized the funds", so it is likely that many people will 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.
Baidu Encyclopedia-Subscription Fund