Initial purchase agreement, those unexpected risks.

One year after signing the house purchase agreement, I was told to buy some projects around Beijing in full.

Initial purchase agreement, those unexpected risks.

After buying a house for more than a year, I was suddenly told to make up the full amount, and the online signing time was postponed for two years; The five certificates can only be initialled, and the developer promises a blank check ... The story of buying a house that sounds incredible is frequently staged in the property market around Beijing. With the purchase restriction in most hot spots around Beijing, the sales price of some properties is higher than the filing price. Unlicensed sales, initial agreement suspension online signing, yin-yang contracts and other sales methods that are almost extinct in the Beijing property market have become the usual tricks of some project developers around Beijing. Under such a sales method, buyers think that the house they buy may be a "thunder" that will explode at any time.

After signing the contract, I paid a one-year down payment and was told that I could only buy it in full.

Miss Chen bought a house in a project in Xianghe in the second half of 20 15, and the price at that time was about 7,000 yuan/square meter. When buying a house, the project did not have a pre-sale permit, but under the repeated persuasion of sales, Miss Chen made the decision to buy a house. At that time, sales said that because there was no pre-sale permit, it was impossible to sign online for the record. You can pay a deposit first and sign a contract. After the project pre-sale permit comes down, you can sign a formal contract and apply for a bank loan. I don't think it will take long. The project delivery time is set at 20 18.

After initialling the purchase agreement, Miss Chen paid the down payment to the project developer and began to wait for the developer to inform her to sign the formal contract, online signing and loan. The online signing time has dragged on for more than a year. Until 20 17, the building purchased by Miss Chen still didn't get the pre-sale permit. In the long waiting process, although I heard other owners say that the progress of the project construction was slow and no one informed me of the progress of the pre-sale certificate in time, Miss Chen was pleased with her decision to sign an agreement to buy a house.

When Miss Chen thought that her road to buying a house was only one step away from the online signing, she and other owners who bought a house at the same time suddenly received a notice from the developer. The content of the notice is not good news that can be signed online, but "bad news". The person in charge of notifying these owners said on the phone that they had not got the pre-sale certificate. Now, for the early owners like Miss Chen, the developers decided to adopt two methods. One is to make up the full amount and sign the existing house after the delivery of the house on 20 19. The second is to return the house, refund the down payment paid by the owner and compensate 10% of the original house price.

After receiving this news, Miss Chen was dumbfounded. How can there be such a big change in the confirmed purchase behavior? Just-needed buyers like Miss Chen can hardly make up all the money. Miss Chen said that it was because of the lack of economic strength that she chose to buy a house in Xianghe, and suddenly she had to make up the full amount, so there was no way to make up for it. And checking out is even more unacceptable to her.

The owners who could not accept this treatment collectively found the developer. After two days and two nights of negotiation, the developer finally gave the result of signing a supplementary agreement and promised not to raise the price for these owners. Online signing will be carried out on October 20 18, and the house will be officially delivered on October 20 19.

The five certificates of the property market around Beijing are incomplete, and some people buy them.

Miss Chen's experience is not a case. Searching on the search engine, the case of incomplete five certificates for buying a house in Xianghe occurred in several real estates. In order to catch the favorable train of Beijing-Tianjin-Hebei property market, many property buyers buy houses with incomplete five certificates, online signing and yin-yang contracts regardless of risks.

The so-called "five certificates" refer to the state-owned land use certificate, construction land planning permit, construction project planning permit, housing construction permit and commercial housing pre-sale permit. Some projects developed by local developers around Beijing have been sold before the five certificates are completed. Although the five certificates were incomplete, the developers used the general trend of the property market around Beijing to persuade the buyers to act as soon as possible and initialled the agreement. And property buyers are worried about missing opportunities, missing tens of millions or even millions of yuan in profits, or choosing to hand over the house.

In a project in Huailai, North Beijing, the buyers who have signed the subscription agreement are told that they need to pay the down payment first, sign the contract, apply for a loan, and then make up the formal contract. The developer and the bank reached an agreement. Although the online signing has not been filed, the purchaser can still repay the loan. The reason why sales convince buyers is that if the agreement is not initialled as soon as possible, they may lose the discount of bank interest rate 10%. In some projects in Yanjiao, due to the difference between the filing price and the sales price, buyers can only sign a yin-yang contract, not only can't make loans according to the real total house price, but some buyers can only get a receipt for the difference.

With most areas around Beijing joining the ranks of restrictions on purchases, some investors are blocked by restrictions on purchases. The purchase restriction policy in most areas around Beijing is a set of non-local household registration restrictions, with a minimum down payment of 30%. Some investors who buy more than one set at a time can't formally sign online, so they can only sign a subscription agreement with the developer first, and then think of other ways to change their qualifications. Although many property buyers do not agree with this practice, they still choose to buy a house knowing the risks.

It is difficult to protect the rights and interests of not signing online, and the risk of illegal house purchase is high.

Generally choose to operate illegal property. Compared with other regular buildings in the region, the sales price has certain advantages in price, which is the biggest reason to attract property buyers, but behind the lower price, there are huge risks.

Zhang Dawei, chief analyst of Zhongyuan Real Estate, said that the initial agreement faced many market risks and policy risks, but only the initial agreement was not signed online. Once the down payment of taxes and fees caused by policy changes during the period, the interests of buyers cannot be guaranteed. Moreover, some projects are sold without a license, which is more risky.

Guo Yi, marketing director of Yahao, reminded that, first of all, compared with the government's standard contract, the initialled agreement is a rough and simple version, and there is no way to fully protect the interests of property buyers. Second, if it is only a preliminary signing, and there is no online signing, it means that the buyers' qualifications for buying houses have not been recognized by the government, then whether they are qualified to buy this property has not been confirmed, or it may be that they are not qualified to buy houses and signed an offline contract, then this purchase agreement will be difficult to be protected by law, and the contract itself is also untenable in law. Third, after the online signing, the area, apartment type and price of the house are really determined. With such an agreement, these conditions must be implemented when handing over the house, otherwise there will be many problems, including price changes, product changes, and one room and two sales. Finally, if it is only an initial sign, not an online sign, it is difficult for buyers to get loans from banks, and the payment method for house purchase needs to be clear with developers, which contains great risks.

When the buyer has initialled the purchase, how to solve the follow-up problems? Guo Yi said that when legal documents can't protect their own interests, the problem will be difficult to solve, and buyers should not lose their minds in order to buy a house in a hurry. Zhang Dawei reminded that the initial agreement should be valid in theory, but if the signatory is not the developer, such as an agency, then this agreement is likely to become a dead letter, even if it is the developer, it may close down. At this point, it is difficult to guarantee the initial agreement. (door Tingting)

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Purchase restriction policy in some hot spots around Beijing

Langfang

Date of promulgation: 2065438+April 2006

On the evening of April 1 April, 2065438, Langfang issued "Several Opinions on Improving the Housing Security System to Promote the Stable and Healthy Development of the Real Estate Market", that is, "Langjiu Article", and implemented the housing purchase restriction and differentiated housing credit policy; According to the policy, non-local registered families are restricted to buy a house, and the down payment for buying a house shall not be less than 30%.

Yanjiao County, sanhe city

Date of promulgation: 2065438+April and July 2006

On April 20 1 June 1 1, sanhe city issued a policy, saying that the housing purchase restriction and differential credit policy should be fully implemented, and non-local households should limit their purchases to1house, and the down payment ratio should not be less than 30%. At the same time, strict pre-sale management of commercial housing, strengthen price control. The sales price shall not be adjusted within 6 months, and the increase after 6 months shall not exceed 65,438+00%.

2065438+In July 2006, sanhe city issued a notice again, saying that starting from July 7, the purchase of second-hand houses in sanhe city was restricted, and non-local households were restricted to purchase 1 house, and the down payment ratio of house purchase was not less than 30%.

Wuqing district, Tianjin

Date of promulgation: 2065438+September 2006

On September 30th, 20 16, Tianjin introduced a new policy of restricting purchases and loans, and the six districts in the city and wuqing district restricted purchases.

According to the policy, non-Tianjin resident families who own 1 set or more houses in Tianjin are suspended from buying houses again in six districts of the city and wuqing district, including new commercial housing and second-hand housing; For non-Tianjin registered households who buy the first home in the six districts of the city and wuqing district, the down payment ratio for applying for commercial loans shall not be less than 40%.

Huailai County of Zhangjiakou

Date of promulgation: 20 16 1 1 month.

201165438+10, Huailai county, Zhangjiakou issued a notice, saying that from 20 165438+ 10/30, non-registered residents in this county can buy a house in this county (including Residents who are not registered in this county own 1 set or more houses locally, and are not allowed to buy houses in this county for the time being.

Baoding Zhuozhou City

Date of promulgation: 2065438+March 2007

On the afternoon of March 1, Weibo, the official of the Propaganda Department of Baoding Zhuozhou Municipal Committee, announced that the Zhuozhou Municipal Government had issued the Implementation Opinions on Maintaining the Stable and Healthy Development of the Real Estate Market, which will be implemented from now on.

(The above answers were published on 20 17-03- 17. Please refer to the current actual purchase policy. )

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