The record price is higher than the actual price.

The filing price of property fees is inconsistent with the contract price?

A: This may happen if the filing price of the property fee is inconsistent with the contract price.

When the property company declares the materials to the relevant departments, if there is a phenomenon that the property fee price is inconsistent with the residential contract price, the property company is suspected of tax evasion. If it is reported or found by relevant departments, it will be severely punished and even bear legal responsibility. So under normal circumstances, this should not happen.

Is it legal that the opening price of real estate is hundreds of thousands higher than the filing price?

In fact, the filing price will be higher than the actual transaction price. Generally, there will be a discount in one hand, and at most it will rise by 20%. If it is higher than this filing price, it will be re-compiled.

Commercial housing rose in China in 1980s. It refers to the houses operated by qualified real estate development companies (including foreign-invested enterprises) after obtaining the land use right through transfer, and all of them are sold at the market price. Its price consists of cost, tax, profit, collection fee, location, level, orientation, quality and material price difference. In addition, legally speaking, commercial housing refers to all kinds of commercial housing that can be traded freely in the market according to laws, regulations and relevant regulations and are not restricted by government policies, including newly-built commercial housing and second-hand housing (stock housing). Commercial housing can be divided into export commercial housing and domestic commercial housing according to different sales targets.

What do you mean the transaction price is lower than the filing price?

If the transaction price is lower than the filing price, it means that the online signing will be invalid: if it is lower than this amount, it cannot be signed online, which needs to be determined according to local policies, generally lower than 10% of the filing price. It should be noted that developers selling houses above the record price will not sign online, that is, they cannot sell houses above the record price. It shall not be higher than the filing price and not lower than 10% of the filing price, and it shall be clearly pointed out that the unqualified commercial housing contract shall not be filed online.

The total sales price is higher than the filing price. Can the difference be refunded?

cannot

After signing the commercial housing sales contract, the purchaser requests the court to decide to refund the difference on the grounds that the actual purchase price is higher than the government's "filing price", which is generally difficult to get support. First of all, although the sales above the "filing price" violate the administrative regulations related to filing, it does not violate the mandatory provisions of laws and administrative regulations. If the circumstances are serious, the developer will be subject to administrative punishment at most.

What if the filing price of commercial housing does not match the actual selling price?

1. According to Article 1 of the Notice of Fujian Provincial Department of Housing and Urban-Rural Development on Forwarding Relevant Issues Concerning Further Strengthening the Supervision of the Real Estate Market and Improving the Pre-sale System of Commercial Housing, strengthen the change management of the pre-sale scheme of commercial housing. When applying for the pre-sale permit of commercial housing, real estate development enterprises must submit the pre-sale plan of commercial housing, including the pre-sale price and the range of change, the supervision account and supervision agreement of pre-sale funds, and the sample appointment agreement (subscription book). ). The change range of pre-sale price shall not exceed 5% in principle, which shall be determined by local real estate authorities in combination with local conditions.

2. If the main contents such as the change range of pre-sale price declared in the pre-sale plan change, the real estate development enterprise shall submit a written explanation to the real estate department in advance and publicize it at the sales site after filing. In the local real estate market information system, the fluctuation range of commodity housing pre-sale price should be limited. If the pre-sale price exceeds the change scope of the pre-sale plan that has not been filed, the real estate department shall suspend the registration of commercial housing sales contracts and order the development enterprises to file within a time limit.

3.20 1 1 year, in order to standardize the sales price of commercial housing and protect the legitimate rights and interests of consumers and operators, according to the Price Law and the National Development and Reform Commission's On Printing and Distributing/span >; In the same year, the Fujian Provincial Price Bureau issued the Detailed Rules for the Implementation of Price Marking of Commercial Houses in Fujian Province. Article 6 of the Detailed Rules: "For the commercial housing that has obtained the sales license or been put on record for sale, the commercial housing operator shall declare the current price and pricing method of the sold housing to the local city and county price authorities at the same time, and disclose all the sold housing at one time within the time specified by the housing construction department, and sell it to the outside world in strict accordance with the declared price. "

4, commercial housing operators do not implement the clearly marked provisions, or use clearly marked forms and means of price fraud, by the competent price department of the government at or above the county level in accordance with the Price Law, the provisions on the implementation of clearly marked prices for goods and services, the provisions on the prohibition of price fraud and other laws, regulations and rules to implement administrative punishment.

Second, the actual selling price does not match the filing price.

1. The operator did not clearly mark the price according to the record price when selling the commercial house, which was suspected of violating the price law of clearly marked price. Article 12 of China's Price Law: "Operators shall abide by laws and regulations, and implement government-guided prices, government pricing, statutory price intervention measures and emergency measures formulated according to law." At the same time, it constitutes price fraud that the operator clearly marks the price of commercial housing or the sales price exceeds the filing price but lies about the filing price. This behavior conforms to Article 14 of the Price Law, and the operator shall not commit the following improper acts: "Using false or misleading price means to trick consumers or other operators into trading with them;

2. Article 40 of the Price Law stipulates that if an operator commits one of the acts listed in Article 14 of this Law, he shall be ordered to make corrections, his illegal income shall be confiscated, and he may be fined not more than five times his illegal income; If there is no illegal income, it shall be given a warning and may be fined; If the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked by the administrative department for industry and commerce. Where the relevant laws provide otherwise for the punishment of the acts listed in Article 14 of this Law and the punishment organ, the provisions of the relevant laws may be followed. The acts listed in Items (1) and (2) of Article 14 of this Law shall be determined by the competent price department of the State Council, the state; Inter-provincial and sub-provincial regions shall be determined by the competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Three, the actual price and the record price does not match the impact on property buyers and rights protection

In practice, developers' requirements for clearly marked prices in laws and regulations are usually not strictly enforced. In many cases, buyers can only know the price of their favorite houses orally through sales staff, but in the face of the problem that the filing price is lower than the actual sales price, developers also evade the punishment of the price department by re-filing. What's more, developers use the method of "high bid and low bid" to set the record price of commercial housing higher than the sales price, and the difference between them is the space for developers to sit on the ground and start the price.

For property buyers in mortgage to buy a house, in the future, banks will real estate assessment people in mortgage to buy a house according to the filing price, which means that the loan amount of banks will shrink invisibly, thus granting loan quotas to property buyers. At the same time, when the house price of the buyer is higher than the record price, the legitimate rights and interests of the buyer are infringed, which means that the buyer spent more money to buy the property than the actual price and paid more money.

According to Article 4 1 of the Price Law, consumers can ask the operator to refund the overpaid price caused by the operator's illegal price behavior. If damage is caused, the operator may also be required to bear the liability for compensation according to law. In addition, if the purchaser encounters a similar situation in the process of purchasing a house, he can report the relevant situation to the Price Bureau, which will identify the relevant violations of the developer and impose corresponding penalties on the developer.