Pre-sale Contract stipulates that the purchase money will be released into the pre-sale supervision account of Party A. All the pictures in this article are provided by the respondents.
In October 2017, Haudi Company sued 24 buyers to the Peoples Court of Jimo District, Qingdao City, and demanded that the pre-sale contract signed by the two parties be terminated according to law. In March this year, the Peoples Court of Jimo District rejected Haodis lawsuit. In June this year, the Qingdao Intermediate Peoples Court rejected Haodis appeal and upheld the original ruling.
Thereafter, Haudi Company reported to the public security organs that 24 buyers were suspected of criminal offences. On August 9, staff of Jimo Branch Bureau of Qingdao Public Security Bureau told Peng Mei News (www.thepaper.cn) that relevant information had been transferred to the criminal investigation team of the Bureau. Whether it was a case or not and the relevant situation still needed to be implemented. If reported, timely feedback will be provided.
Building 16, Haodi Ninth District
Purchase money is not entered into the pre-sale supervision account
Hu Sishui introduced that in 2014, its company developed Haudi No. 9 residential area began to sell. On October 7, Haofeng, Li Xiuying and Wang Xiaozhi signed the Qingdao Commercial Housing Pre-sale Contract with Haodi Company (hereinafter referred to as the Pre-sale Contract), 24 people each bought a house in the 16th building of the community, the total price of each house was between 11.1 million and 27.1 million yuan.
The Pre-Sale Contract states that at the time of signing this contract, the main body of the housing construction project has been sealed. Party B (Note: refers to the buyer) shall release the house price into the pre-sale supervision account of Party A (Note: refers to the developer) in full and on time as stipulated in the contract (Pre-sale supervision authority: Jimo City (Note: Jimo District) real estate transaction supervision office, account name: Haodi Company, account number: 3701997606051021267).
Since July 1, 2013, the Regulations on the Supervision of the Fund for Pre-sale of New Commercial Housing in Qingdao City stipulate that all the funds paid by buyers for pre-sale of new commercial housing must be deposited directly into the special account for supervision specified in the contract for pre-sale of commercial housing. Development enterprises shall not directly deposit pre-sale funds in any form.
In addition, the measures also stipulate that the supervisory authority shall complete the examination and verification of the application materials within three working days from the date of accepting the application for development enterprises use of funds. If the requirements of the measures are met and the amount of the application funds is within the scope of the quota of the relevant supervisory nodes, the supervisory authority shall issue a certificate of consent for allocation and allocate the pre-sale funds to development. Enterprises.
That is to say, the developers pre-sale funds are managed in a unified way. Unless there are special circumstances and without the consent of the regulatory authorities, it is not allowed to arbitrarily misappropriate the purchase price of the house purchaser.
Why do these 24 buyers want to put the purchase money into the personal account of the developers owner instead of the supervisory account?
On August 8, Pengchao journalists contacted buyers one by one according to the telephone number left in the Pre-Sale Contract, but no positive response was received. Some buyers say they are busy or have questions to ask developers, and some buyers have never been answered.
Hu insisted that the bank card No. 3203 (hereinafter referred to as 3203 card) was not handled by him. He did not know the existence of the card at all.
According to Hu Sishuis account opening materials, 3203 card was opened on October 8, 2014. The opening behavior was Pudong Development Bank Jimo Branch.
Business Certificate Return
Business Voucher Return shows that on the opening day, 3203 card received 7 million yuan transfer from Xu Moufang. Only three minutes later, 7 million yuan was withdrawn in two payments; on the 21st of the same month, the card received another transfer of 2.6 million yuan from Xu Moufang, and five minutes later, 2.6 million yuan was withdrawn.
From 11:27 to 15:06 on the same day, on the 29 th of the same month, in less than four hours, 24 buyers made 24 transfers to 3203 cards, totaling 39.22 million yuan.
Judicial Appraisal: Tendency to believe that signature handwriting does not originate from the same person
In October 2017, Haudi Company sued 24 buyers to Jimo District Peoples Court, demanding that the pre-sale contract signed by both parties be confirmed according to law and that 24 buyers be ordered to bear the corresponding amount of compensation.
During the courts trial, Hu Sishui entrusted Qingdao Lianke Judicial Appraisal Institute to verify whether Hu Sishuis signature on Application for Personal Accounting of Shanghai Pudong Development Bank and Business Vouchers/Returns was written by Hu Sishui himself.
According to the Expertise Opinion of Qingdao Lianke Judicial Appraisal Institute on May 7, 2018, the comparison between Hu Sishuis signature handwriting and the sample Hu Sishuis signature handwriting provided by the graphic and textual production system shows that there are differences in the general features of the two characters, such as the writing style, the action of starting and closing pens, and the collocation ratio of the characters. It basically reflects the writing habits of different people. Because the sample is a photograph taken on a photocopy, its Hu Sishui signature handwriting has low clarity, and it can not compare the detailed features of handwriting comprehensively, so it can only provide tendentious opinions based on the existing materials. It tends to think that the signature does not come from the same person.
In August 2018, the Qingdao Supervisory Bureau of the CBRC responded that the 42 deposits and withdrawals of 3203 cards on October 29, 2014 were suspicious transactions or involved in money laundering. Please submit them to the Peoples Bank of China.
In addition, after investigation and verification, agent Zhang Momou opened accounts for 14 of the 24 buyers and handled bank cards on behalf of them. Jimo branch has fulfilled the customer identification obligation and suspicious transaction reporting obligation in handling Hu Sishui account opening and Zhang Mous agent batch card opening business. No violation of the relevant provisions of anti-money laundering has been found.
Civil Decision of Qingdao Intermediate Court (Part)
Haudi Company filed an appeal against the first instance ruling.
Thereafter, Haudi Company reported to the public security organs that 24 buyers were suspected of criminal offences.
On August 9, staff of Jimo District Bureau of Qingdao Public Security Bureau told Peng Mei News that relevant information had been transferred to the Criminal Investigation Brigade of Qingdao Municipal Public Security Bureau. Whether it was a case or not and the relevant situation still need to be implemented. If reported, timely feedback will be provided.
Source: Yang Bin_NF4368, Responsible Editor of Peng Mei News