Hello, where do you think Nanning Xingye Plaza can buy a house? There seems to be no pre-sale certificate

Means: Many developers who use rural collective land to build small property houses in Nanning claim that the Third Plenary Session of the 18th CPC Central Committee proposed to allow the transfer of rural collective management construction land. Sales staff with small property rights interpret this as "the central government supports and encourages the transaction of collective land use rights".

In the sales department of a small property house, there is a "red-headed document" that is said to be the government's support for the construction of small property houses.

Truth: Out of context! According to relevant policies, the category of collective land entering the market is limited to industrial, mining, warehousing and commercial service land, and collective residential land is not allowed to trade and build commercial housing.

Second, Yulin and other places have obtained many licenses? Means: In the sales department of several small property houses in Nanning, a photo of a middle-aged woman wearing a red coat and holding a real estate license was placed in a conspicuous position. The title is "The rural collective land house in Yulin, Guangxi obtained the house ownership certificate for the first time in June 20 14". The salesperson said that the source of the picture is Xinhuanet, which is a strong evidence that the state supports small property houses to run real estate licenses.

In the sales department of a small property right house, there are news pictures that prove that a small property right house can also get a real estate license.

Truth: replace trees with flowers! This picture was first published in the 4th edition of Guangxi Daily 20 14 and 1.8. The picture shows the "six rights" reform of rural collective land ownership. The woman in red got the real estate license, which has nothing to do with the real estate license of the small property house.

Can I apply for a certificate of immovable property right after three years?

For those who care about the handling of the certificate of immovable property rights, most salespeople will show them two documents issued by Nanning Municipal Government on 20 13. These two documents are the Notice on Printing and Distributing the Measures for Compensation and Resettlement of Collective Land Expropriation in Nanning (N.F. [20 13] 10) and the Implementation Opinions on Strengthening the Construction and Management of Resettlement Houses (N.F. [20 13] 1 0) (below).

There is a landing sand table in the sales department of a small property right house in Nanning Shajing area, which looks similar to the sales department of ordinary commercial housing.

Truth: out of thin air! There is no content in the document that small property houses can apply for immovable property certificates, but there are clauses prohibiting the construction and sale of small property houses.

Nanning paid for the house trap, but the house was squandered? The developer sold the house without buying land.

In recent years, buildings in wuxiang new district, Nanning have mushroomed. However, some property buyers spent money, but only bought the "cake" painted by the developer: the developer began to sell the house to collect money before buying the land, and the ground was still a meadow.

The buyer said that the building has passed the construction time, but it is still piles of loess.

For example, in recent months, the phenomenon of collective rights protection of property buyers has appeared in many buildings such as Wuxiang Central Plaza, Beautiful City, Tianchuang Capital, Guangyuan Metropolis, Yamei International and Lankun Xiangdi. After these people paid the house, the house was gone and the money could not be refunded.

Have you ever believed in "grasping investment opportunities"?

Case: 20 1 1. When Mr. Cai came to Nanning for a tour, he was taken to wuxiang new district by sales staff to see the project address of Yamei International. "At that time, it was a hill with no traces of development and no sales center." But he heard that wuxiang new district is a new area that Nanning is focusing on, and he felt that investment opportunities were coming. He paid 20% of the house price with the sales consultant, that is, 10 million. In the next few years, in order to recover the house payment, Mr. Cai came to Nanning many times and spent a lot of money. "Even if the money is recovered, it will lose a lot."

Have you ever paid attention to the qualification of real estate sales?

Case: The reporter searched for "Lan Kun Xiang Di" in Baidu, and a lot of information about the property appeared. A real estate website introduces the real estate in the form of news reports, with the title "Lankun Xiangdi Apartment 69~ 109 square meters for sale, with the price range of 6080~8488 yuan/square meter". It is mentioned in the article that there are houses, villas, office buildings, super five-star hotels, clubs and schools planned here, which is a comprehensive modern high-end urban living community. However, most websites do not mention whether the property is eligible for sale.

Do you know how important "qualification" is?

Case: 20 14, Mr. He invested in the "Beautiful City" real estate project, but the project did not start on time. Mr. He realized that the five certificates of real estate were incomplete and it was illegal to sell real estate. Under the coordination of the real estate department, Mr. He got back the down payment, but the intermediary consulting service fee has not been refunded so far.

2065438+In March 2004, Mr. Fang paid more than 200,000 heads of state to buy a house in Wuxiang Central Plaza. It wasn't long before he paid the fee and found that the project was illegal. The developer has not even got the land certificate, and the buyers have asked for a refund. Today, the vast majority of property buyers have not received a refund.

Property buyers with advertising pages said that the scene described by developers has become a bubble.

Why is it so difficult to defend rights in Nanning's housing trap? Some things are beyond the control of the regulatory authorities. How do developers avoid regulatory risks?

Sales link:

(1) Most of them will not set up a sales center in the project site.

(2) Salespeople usually attract customers by posting small advertisements and information on the Internet. On the one hand, it can avoid the inspection by the regulatory authorities; On the other hand, in order to prevent property buyers from finding problems and safeguarding their rights, it will affect sales.

(3) This is harmful to property buyers. Once the property is sold, it is difficult for property buyers to find a developer.

Contract link:

(1) The developer and the buyer signed a cooperative housing contract or cooperative housing agreement instead of a commercial housing sales contract.

(2) If the house cannot be built, according to the sales contract (that is, the sales contract), the purchaser has paid, and the developer must bear the liability for breach of contract and compensate the purchaser for the losses. If it is a cooperation contract or a cooperation agreement, it means that both parties are commercial investment, and both parties * * * bear risks * * and enjoy profits. As a partner, it is difficult for buyers to hold each other accountable.

This is a way for developers to evade their responsibilities. If property buyers sign a cooperation contract, they will undoubtedly ruin their rights, and may also take the blame for developers.

Why is it useless to find the regulatory authorities?

Person in charge of Nanning Real Estate Supervision Detachment: The management measures for the pre-sale of urban commercial housing were implemented from 1995, and it has been 20 years now. Although it was revised later, the punishment was not strong enough to deter developers. For example, if a developer collects the house payment from the owner without obtaining the pre-sale certificate of commercial housing, it can be considered as a violation, but the relevant laws stipulate that the fine shall not exceed 30,000 yuan. A single owner has to pay hundreds of thousands, a project involves hundreds of people, and the amount of violations is as high as tens of millions. "For developers, the illegal cost of 30,000 yuan is too low."

Is there any other administrative means to supervise developers?

Person in charge of Nanning real estate supervision detachment: There are very strict legal provisions, that is, confiscation of illegal income, but it is difficult to operate in reality. Because these illegal projects have many problems in collecting money, such as the Wuxiang Central Plaza project, the developers themselves can't sort out the accounts of the money delivered by the buyers. Once the government confiscates them, it is equivalent to taking a hot potato. Developers will tell buyers that "the money has been taken away by the government" and turn the contradiction between themselves and buyers into the contradiction between buyers and the government. Therefore, based on the source of money, the relevant departments dare not confiscate it easily.

Can developers be forced to refund the purchase price?

Person in charge of Nanning real estate supervision detachment: The real estate supervision detachment may restrict developers from administrative examination and approval. If the developer does not refund the money of the buyers, the real estate department can inform the land, planning and other departments of this violation and strictly control the application. However, the regulatory authorities have no way to force developers to refund the money of buyers. Therefore, in the process of supervision afterwards, it is often difficult to recover the money paid by buyers.

Source: South China Morning Post (please don't reprint it without authorization, otherwise you will be investigated for legal responsibility)

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