What responsibility does the developer bear for misappropriating the purchase price of the purchaser?

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With the continuous fiery property market, it is a "urban scar" that has not been cured for a long time-uncompleted residential flats appear frequently. Zaozhuang City has 2 million square meters of uncompleted residential flats, and there are rivers and streams around Yanshan Mansion. Up to now, some owners of pingdu city Platinum House have even thought of suicide; Jinan Jinzhi Real Estate Huaiyuan New City Project has not been completed for 8 years, and 500 households have been locked up; "Deserted", "overgrown with weeds" and "seriously damaged facilities" are the same appearance of unfinished buildings; Despair, heart abuse and broken dreams are the universal portrayal of many owners' hearts after encountering unfinished projects.

The reporter investigated the chaos in the unfinished building.

The reporter's two-week investigation of the main residential uncompleted residential flats in Shandong Province found that such projects all had chaos such as pre-sale before construction, chaotic management and misappropriation of housing funds. Unfinished residential buildings have many characteristics in supervision and management.

Li Tiegang, director of the Real Estate Research Center of Shandong University, told reporters: "The large number of uncompleted residential flats is mainly caused by poor government supervision and improper supervision by developers. The fluctuation of macro-economic environment and economic policies may lead to the break of some real estate developers' capital chains, which may lead to an unfinished business.

Professor Li Tiegang, director of the Real Estate Research Center of Shandong University, analyzed that the causes of uncompleted residential flats can be mainly attributed to three points: shortage of funds, economic disputes and illegal projects. Among them, most of them are caused by the break of the capital chain. On the one hand, the financial turmoil in the international economic environment, shrinking credit funds to adjust overheated real estate investment and other macroeconomic conditions can easily affect the source of project funds; On the other hand, problems such as bankruptcy of developers, disagreement among investors and debt problems will also cut off funds and promote "semi-finished" projects. How to manage uncompleted residential flats and make them reborn as soon as possible? This has also become a social problem. "

Li Tiegang told reporters: "To solve this problem, in the final analysis, the government and developers need to strengthen supervision, investigate the responsibility afterwards, and strengthen law enforcement."

When it comes to supervision, we have to mention the pre-sale system of commercial housing. After the frequent occurrence of unfinished projects, the discussion on the pre-sale system of commercial housing was once again mentioned. It is after the pre-sale system of commercial housing that unfinished projects continue to appear. In other words, after buying the auction house, the owner will only encounter the misfortune of incomplete development. Li Tiegang finally told reporters: "Pre-sale fund management is the last guarantee for project construction."

The wide application of the pre-sale permit system has brought many disadvantages. After winning the bid, the developer can borrow from the bank to get the land use right certificate, use the owner's money as the development fund, and the builder will contribute to the building. Many unscrupulous real estate developers take this opportunity to play the game of "empty gloves and white wolves". Li Tiegang believes that the purpose of supervising pre-sale funds is obviously to prevent the spread of uncompleted residential flats. The reality is that according to the current regulations on the supervision of pre-sale funds of commercial housing, the supervision of pre-sale funds is supervised by banks and supervision units in many aspects. However, the existing problem is that the pre-sale of commercial housing by developers is a dynamic operation, and it is difficult for banks to stare at it every day. Whether the developers will pay the down payment to the bank in time depends more on their own consciousness, in which there is room and loopholes for transferring sales funds.

The reporter learned that after the developer of the East Lake Longcheng project sold the house, the pre-sale money was not remitted to the bank supervision account, and the development department of Zaozhuang Housing and Urban-Rural Development Bureau, which was in charge of supervision, did not get this information at the first time. So once this happens, there is no way to supervise the pre-sale funds of commercial housing. Zhao Tinggang, head of the Development Office of Linyi Real Estate and Housing Security Bureau, told the reporter: "Enterprises need to supervise and record the pre-sale funds before handling the pre-sale permit, which means that they need to sign a tripartite supervision agreement with our regulatory authorities and banks in advance to ensure that the house money to be sold in the future will be credited to the supervision account. Once put on record, we will send him a pre-sale fund supervision record certificate, which will show the project information and the supervision account number of the supervision bank, which means that every ordinary person and property buyer must enter the house payment.

20 14,101On October 27th, Linyi Municipal People's Government promulgated the new Measures for the Supervision of Pre-sale Funds of Commercial Houses in Linyi City. Article 9 of the Measures stipulates that if a real estate development enterprise has no bank loan, the real estate development enterprise shall independently choose the pre-sale funds to supervise the bank; The pre-sale funds of bank loans shall be supervised by the lending bank. Article 10 stipulates that the pre-seller shall not directly deposit the pre-sale funds paid by the pre-buyer. After the pre-sale contract of commercial housing is signed, the pre-buyer will directly deposit the purchase money into the supervision account with the application for payment of pre-sale money of commercial housing. After the supervision bank confirms that the money is deposited into the supervision account, it shall sign the payment application form for confirmation. If the mortgage bank is a regulatory bank, the loan amount shall be deposited into the regulatory account in full and on time; If other banks handle mortgage loans, the pre-seller shall deposit the loans into the supervision account within 5 working days after the mortgage loans are issued. The promulgation of these two regulations effectively ensures that the pre-sale funds can be deposited into the designated bank supervision account at the first time.

How will uncompleted residential flats be reborn

After two weeks' investigation, the reporter found that the main reason for the unfinished buildings in Zaozhuang, Qingdao, Liaocheng and Dezhou was that the developer's capital chain was broken and the pre-sale money of commercial housing was misappropriated. Commercial housing pre-sale funds are generally supervised by the real estate department in conjunction with the bank. Once the pre-sale funds enter the bank supervision account, how to standardize the developer's earmarking and prevent misappropriation?

Zhao Tinggang, head of the Development Office of Linyi Real Estate and Housing Security Bureau, told the reporter: "After the buyer deposits the money in the supervision account, the use of the development enterprise funds is allocated according to the image progress. A * * * is divided into five nodes. When the development enterprise building is built to half of the main body, we will allocate 40% of the key supervision funds according to the project image progress. 60% of the key supervision funds will remain in this account, and then 10% will be allocated after the main body of the development enterprise is capped. Then, after the construction project of the development enterprise passes the acceptance of five subjects, we will allocate another 30%. When the development enterprise goes through the formalities, it will pay 10% after the real estate enterprise completes the comprehensive completion acceptance record. The fifth node is the cash flow link of commercial housing period. At this time, all the procedures for the development enterprise have been completed, and the house can be used for real estate license. The remaining 10% will be handed over to the development enterprise after deducting the property quality deposit. Through such an approval node, we can ensure that the balance of our supervision funds can guarantee the construction cost of the follow-up project of this development project, prevent the capital chain from breaking, and the development enterprise will run away and the development project will not be completed. "

The reporter was informed that the developer paid the real estate construction money in advance, and then applied to the pre-sale fund supervision department for pre-sale funds according to the construction progress. The implementation of this method in Linyi can not only ensure the smooth construction of real estate, but also improve the entry threshold of real estate enterprises, forcing enterprises to act according to law.

In the face of uncompleted residential flats in Shandong, Professor Li Tiegang suggested that relevant government departments should step forward and actively deal with the problem of uncompleted residential flats. According to the specific situation of each unfinished building, the government can follow the market rules for different guidance. For example, for unfinished buildings owned by private enterprises, the government can adopt preferential policies to encourage real estate developers to deal with them within a time limit; For unfinished buildings with state-owned assets, the government can help relevant investment companies to take the lead and strive to improve the project in a short time; For the uncompleted residential flats that do not conform to the plan, the compensation for the compensation and the demolition of the demolition.

Facts have proved that the government's role in rectifying unfinished buildings is indispensable. From Jinan Sanlian Cai's Villa to Weihai Rushan Silver Beach, and then to Weifang Hui Jing, these three unfinished buildings have been reborn because of the effective intervention of the government. On the other hand, the "inaction" of relevant government departments is also one of the important reasons why uncompleted residential flats can be delayed for many years or even more than ten years.

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