What is real estate property crowdfunding? What are the hazards of crowdfunding real estate property rights?

At present, domestic real estate property crowdfunding is still in its infancy, and its form is relatively simple. There are three main types: one is financial product type; The second is to realize the implementation type; The third type is cooperative housing.

Crowdfunding refers to raising funds for the public on the Internet to help fund raisers complete a project with specific significance. This concept was first put forward by the American Internet magazine Wired in 2006. Over the years, a number of crowdfunding websites have been sought after by investors and the public, and most of them are involved in cultural conception.

In the United States, RealtyMogul, which was established in March 20 13, and RealtyShares, which was established in June 20 13, first put crowdfunding into the real estate category.

What is the difference between crowdfunding of real estate property rights and raising funds to build houses?

A few years ago, there was an upsurge of "self-financing to build houses" in real estate shopping malls, but in the end, much cry and little rain, and there were few successful cases of "self-financing to build houses". What is the difference between "real estate crowdfunding" and "self-financing to build a house"? According to insiders, compared with "self-raised funds to build houses", "real estate crowdfunding" generally has companies operating behind it, and the chances of success are far greater than that of self-leadership. In addition, "real estate crowdfunding" attracts public participation through the Internet, and has a very good customization platform with much greater freedom.

However, there are still many gaps in the law of "real estate crowdfunding", and it remains to be seen whether this new thing can change the ecology of real estate development. "Although the prospect of real estate crowdfunding is very attractive, there are many bottlenecks now, and key areas such as major laws and regulations and risk management and control mechanisms need to be improved." Zhu Yiming revealed that it is rumored that the regulatory authorities will revise the laws and regulations in the Company Law and the Securities Law that are incompatible with the actual needs of Internet finance before the end of this year. If so, it is good news for both professionals and housing enterprises.

What are the hazards of real estate crowdfunding?

Recently, many media have been reporting on real estate crowdfunding, and even some financial experts pointed out that this form is only an offline fundraising practice, moving online and wandering on the edge of the law, suspected of illegal fundraising. This form should not be widely advocated. He believes that the form of real estate crowdfunding cannot have the same legal and useful legal functions as a single set of housing property rights and complete property rights. There are only two kinds of * * * in China: one is * * * and the other is * * * *. The former mainly means that husband and wife jointly own a house, while the latter enjoys all the rights of the house in proportion. Real estate crowdfunding is to share a piece of cake. And some people can only enjoy certain rights and interests according to their own proportion, far from the right to possess, use, benefit and dispose of all property rights.

The concrete manifestation of this dilution of rights is, for the same property, if some rights holders want to change hands, but other rights holders don't agree, what should they do? If some holders pay the purchase price, but some buyers fail to pay or fail to pay the house price on time because of financial doubts, how will the developer handle and coordinate the housing? In addition, if it is changed to distinguish property rights according to the space of the house, it is almost impossible for all property owners to distinguish space clearly.

However, Li Wei, a lawyer who has been engaged in legal work for several years, said that if it happened after the developer obtained the pre-sale permit, the buying and selling behavior in the form of real estate property rights crowdfunding was normal. Even though many people own property rights, it is essentially different from illegal fund-raising and cannot be said to be illegal.