Data source: Yang Jing, Shenzhen real estate intermediary Association
The reason why these people are willing to find someone to hold them on their behalf can be seen from an income statement. According to the previous report of the daily economic news, during the stage of Runxis fund raising, the income calculation table was circulated on the Internet. According to the calculation of 30%, 60% and 80% down payment purchase, and according to the calculation of 100 square meters of the smallest house type, the book floating profit ranges from 4 million yuan to 7 million yuan.
On November 26, Runxi completed the house selection, and the fund for 1171 Suites was frozen, which was 33.9 billion yuan, which was equivalent to the total amount of the largest scale land auction in Shenzhen in the previous few days. Finally, it was sold out, with a total of 19.6 billion yuan.
The market on this just need plate of doubt, which on behalf of holding, partnership to buy a house thoroughly ignited public opinion. The reason why the total price is tens of millions, but still known as rigid demand housing, is because according to the rules of the sales plan announced by the developers, the buyers claims are divided into two categories. One is the customers who meet the conditions of purchasing houses and have no residential property in Shenzhen. The second category is the customer who has a room. Runxi gives priority to meeting the demand of non housing households.
Some commentators said: its not discrimination. Those who have no houses are classified by the rules. How many people who just need no houses can put out tens of millions of yuan at once, and they only choose 200 / 175 square meters of large units?
How does it exist in Shenzhen? Why is it that the total price of just needed housing will be robbed by tens of thousands of people? Who is buying it? How to purchase? What is the source of funds? How did the market react? The reporter of daily economic news tries to present the appearance of all living beings under the new fighting fever through various investigations.
There are three types of payment for holding fee
According to the sales plan, this does not meet the conditions for purchasing a house, but has nothing to do with this magical just in demand market. Through multi-party operation, Xinxin has become a beneficiary of this new hot.
However, the property right of the house is not registered in the name of Xinxin, the actual investor, but in the name of her old friends and colleagues, that is, the so-called representative holder. The price Xinxin paid was a one-time payment of 200000 yuan to a friend. There is a relationship between the holding fee and the holding qualification. My friend is the first house, and the holding fee is fixed at 200000 yuan.
Xinxin is not the only real property owner of the house. My friend and I are in partnership to buy a house. The partners contribute in half, the subscription and the down payment, and the monthly payment in the future is also half payment.
More than 9000 people robbed more than 1000 sets. Im very satisfied with the purchase. Fortunately, we also chose a large apartment, a set of 175 square meters. Xinxin is not particularly worried about the risks. I borrowed the quota of friends and colleagues for many years, so Im not very worried, but I still improved the holding procedures and signed the holding agreement.
Supplementary preparations have also been made. We have a risk aversion plan. In addition to the most important agency agreement, we will keep all the original contract documents in person, and then we intend to let the holder do a full power notarization certificate, Xinxin explained
As for buying houses on behalf of others and buying houses in partnership, a market person who has been paying close attention to the property market in Shenzhen for a long time told the reporter that in Shenzhen, agent holding and partnership have always existed, especially after the house can not be purchased in the name of the company. However, due to the transaction risk, it has always been operated by a small group. Only recently, under the huge interest spread of several real estate projects, has this method been completely pushed to the front of the stage. This time, because the prices of second-hand houses in new houses are hanging upside down too seriously, its a few million yuan (profit) after weighing the pros and cons, some people are willing to go to the Expo.
Daily economic news reporter learned that there are three main types of holding fees: one-time payment, annual payment or holding dry shares.
Zhang Maorong, chief lawyer of Xinrong (National) real estate lawyer team, believes that at present, the national court system has basically reached a consensus, that is, in addition to affordable housing and other affordable housing, the agency agreement is legal and effective. The investor has the right to request the owner to transfer his / her ownership to his / her own name if he / she is qualified to purchase the house, and the holder shall have the obligation to transfer the ownership. However, the effectiveness of the agency agreement does not mean that there is no risk. The biggest risk of buying a house by borrowing a name lies in the fact that the house is seized and executed by the creditor due to the external debt of the agent holder. Second class buyers rush to complain
In this grand new farce, some people are happy and others are worried.
They dont allow to accept the fund. They belong to the second category, and those in the second set of housing are not eligible.. Cheng Yin belongs to the group of people who came to Shenzhen to struggle in the early days. Now, on the one hand, it is urgent to improve the housing conditions, on the other hand, it is the admission qualification of non hot property.
We have been in Shenzhen for 20 years. We have bought a house of more than 70 square meters. In response to the call of the state, we have two children. Our parents live with us. There is also a nanny. It is too crowded for seven people to live in. We are ready to change to a bigger new house. Cheng Yin sighed: one of the 7.15 policies is that those who have no house or loan belong to the first category of subscription, and the second set of housing belongs to the second category. After the first category is selected and there are still some houses, they will accept the second class purchase information. Very few (real estate) first class buyers still have housing resources after buying. In fact, it is class II buyers who have lost the purchase qualification!
In this new craze with huge interest rate difference, Cheng Yin is suffering a lot. He is also calling on buyers who have the same demand as him to actively feedback opinions to relevant departments.
Cheng Yin has a lot of doubts about this just in need brand new craze, how come there are so many kinds? A lot of them are purchasing houses on behalf of others, which means that they have given the opportunity of buying houses to investors. Second hand housing has no market price, especially less than five years, the price is too high to buy.
In fact, the root cause of the new hot is the record price is inversely linked with the quotation.
At the site of Runxis first day house selection, some buyers told the daily economic news that, judging from the current average listing price, even if you choose a flat with the smallest 100 square meters, the floating profit of the purchase book is 5 million yuan, not counting the future increase. If you have a chance, of course, you should try it.
New hot derivative financing, lottery loan
At the end of the year this hit the new craze to activate and hold the relevant industrial chain.
Taking advantage of this upsurge, loan companies also ushered in a small upsurge of short-term loans, and even launched subscription loans, lottery loans, new loans and other products. The reporter noticed that when Runxi just launched the sales plan, there was a small loan company staff in the circle of friends to share the news of advance payment and subscription resources.
After learning about the call, Yang Guang immediately consulted his familiar loan manager about the lottery loan products due to the inconvenience of funds. It costs 2800 yuan a day for 3.5 million yuan. From the capital verification to the opening, we cant get the loan the next day. If we win, we need to talk about how to collect the money in the future, and then work out a plan to determine the total cost of capital.
Another staff member of a small loan company told daily economic news that the company has financing and advance business at present, and the cost is one thousandth of a day. At present, most of the companys operations are new customers.
This year, the cost of new capital is controlled within this range, one thousandth of a day. The outside costs are a little lower, and the time may be different.
Recently, most of them are engaged in new operations in China Resources City. The minimum consumption is 8 days, and the number of days exceeded is calculated by day. This will be much more flexible. And the process is also very simple, only need the customer to provide assets, purchase quota certificate, go to the company to sign a contract, after approval can be granted.
In the process of communication, the staff of the small loan company repeatedly reminded that it is pure profit to make new money and stressed that the advance fund belongs to personal money, not credit reference. For the lottery loan repayment issues, the staff said, not winning the lot to pay a few days of interest funds can. If we win the bid, we can discuss it again.
Can handle credit loan again or mortgage loan, mortgage loan, need to transfer ownership company. The staff member finally stressed.
The enmity and enmity after holding and partnership
As for the risk of holding the house on behalf of the owner, recently, the owner of a luxury house in overseas Chinese town, Nanshan District, Shenzhen, has been in arrears. The case of house execution has been spread frequently, which has also deterred some buyers who want to buy houses by borrowing their names.
According to the enforcement ruling, in 2011, Zhao, the actual investor, took a fancy to the property of chunshuian in Oct, Shenzhen, but he and his family had no place to buy a house. Therefore, he discussed to purchase the property in the name of his nephew Xiao Zhao and signed the real estate entrustment agreement. The deposit, down payment, monthly payment and taxes of the house are all paid by Zhao, and the actual resident is Zhao. The property management fee, electricity fee, gas fee, Internet access fee and cable TV fee are also deducted from Zhaos bank account.
In January 2019, Xiaozhao, the Deputy holder, was sued for being owed more than 10 million yuan due to a private loan dispute, and his chunshuian property was sealed up. In March 2019, the actual investor Zhao sued his nephew Xiao Zhao, claiming to confirm the house ownership. In November 2019, the court dismissed the suit. In January 2020, Zhao raised an objection to the implementation, claiming that he was the actual property owner, and Xiao Zhao was only the holder on behalf of the owner, demanding the exclusion of enforcement. In June 2020, the court rejected the request of the actual investor Zhao.
As for the case of overseas Chinese town buying a house by name, Du Jianjun, director of the bill crime research and Defense Department of Jinglin criminal law agency, believes that the third partys registration of real estate under the name of the executed person was for the purpose of evading the purchase policy of Shenzhen at that time, and had its own fault. According to the provisions of the Supreme Peoples court, the peoples court may execute the house. The third party shall be responsible for the adverse consequences of the real estate registration under the name of the person to be executed.
However, according to Article 17 of the provisions of the Supreme Peoples Court on sealing up, detaining and freezing property in civil execution of the peoples court, the peoples court may investigate if the person subjected to execution sells his property which needs to be registered for transfer to a third party, and the third party has paid part or all of the price and actually possesses the property, but has not gone through the registration procedures for the transfer of property rights, the peoples court may investigate The peoples court shall not seal up, detain or freeze if the third party has paid all the price and actually possesses it, but has not gone through the transfer registration procedures, if the third party has no fault in this regard, the peoples court shall not seal up, detain or freeze it.
If the real investor has the right to ask for the exclusion of execution? Lawyer Zhang Maorong believes that due to the huge disputes in practice, throughout the countrys courts, some higher courts have made it clear that they do not support exclusive enforcement (such as the higher peoples courts in Heilongjiang, Jiangsu, Beijing, etc.), and some higher courts have explicitly issued documents to support exclusive enforcement.
For example, the higher peoples Court of Guangdong Province issued on August 7, 2019 the answers to some key questions concerning the review and handling of enforcement adjudication disputes, in which Article 11 stipulates: in the enforcement of monetary claims, the peoples court shall enforce compulsory enforcement against the houses registered in the name of the person subjected to execution, and the outsider in the case claims that he has a relationship with the person subjected to execution to buy a house by borrowing his name, and can provide evidence to prove it If the person subjected to execution is only the nominal property owner and the person outside the case is the actual property owner, the execution can be ruled out if there is no damage to the national interests and social public interests. However, we also note that there are cases in Shenzhen courts that do not support the exclusion of enforcement.
In the trial, the man admitted that the house he lived in and the other real estate purchased by borrowing his name were jointly contributed by the husband and wife after marriage and registered in the name of others. However, the court held that the case was a divorce dispute case, although both parties agreed that the real estate registered in the name of the outsider was the common property of both parties, but because the obligee recorded in the real estate ownership certificate was an outsider, and the registered obligee could not be the third party in the divorce case according to law, the court did not review and handle the real estate in this case.
Zhou Zhengfeng, a lawyer with Chinese law firm, points out that a partnership to buy a house only needs to find enough funds, partners with purchase quota and loan qualification, which can be easily realized. The key is the risk after buying the house: first of all, the price of the house is not rising every year. What should the partners do if they want to withdraw money in the middle of the year? Secondly, in what conditions can the property rights of real estate registration be sold? Last but not least, how to divide the money after selling the house?
Official voice to investigate real estate speculation
In the face of the recent trend of buying houses by partnership and speculating on behalf of others, the Xinhua news agency released a comment on curbing the new craze in the real estate market on November 28, pointing out that double track arbitrage in the prices of new and second-hand houses has emerged, saying that hard core measures are needed to curb the new craze in the property market.
With the continuous fermentation of public opinion, Shenzhen officials also responded. On November 30, Zhang xuefan, director of the Shenzhen Municipal Bureau of housing and construction, said that the competent government departments attached great importance to the situation reflected by the media, such as holding houses on behalf of others, and were under investigation and handling. Once any illegal behavior was found, it would be dealt with seriously according to law and regulations.
Zhang xuefan said that in view of the current situation of inverted prices of first-hand and second-hand housing and the medias reflection of holding and speculation on behalf of others, the government departments are studying comprehensive control policies to resolutely crack down on speculation and speculation in the market. At the same time, we should further strengthen the housing supply and security, and accelerate the construction of a housing supply and security system with multi-agent supply, multi-channel security and simultaneous rent and purchase.
As for how to distinguish between real rigid demand and house purchase on behalf of others, the above market participants said that it is only necessary to check the source of down payment funds of house purchasers, and whether the source is unknown. The buyer is required to provide on-the-job certificate and company certificate to verify the repayment ability of the buyer, the real flow and tax bill.
After being named by Xinhua News Agency for buying a house on behalf of others or buying a house in partnership, several hot real estate projects in Shenzhen issued the proposal of not speculation. On the evening of November 30, Shenzhen Vanke zhenshanhai homestead, which had been questioned because of the sales plan of obtaining loan letter on the same day, also issued a housing and housing speculation initiative, which prompted the market change risk, the banks refusal to approve loan application risk, the risk of regulatory policy change, and the risk of purchasing house on behalf of others.
With the continuous official voice and concern, the regulation of Shenzhen property market has aroused heated discussion again.
It is worth noting that with the emergence of some daily CDs, Shenzhens new house transaction volume in November also reached a new high in the year. According to the data disclosed by Shenzhen Municipal Bureau of housing and urban rural development, 6296 new housing units were sold in November in Shenzhen, with a month on month increase of 36.37% and a year-on-year increase of 97%; the transaction area was 627300 square meters, with a month on month increase of 39.28% and a year-on-year increase of 90.27%. First hand residential transactions set a record for nearly a year.
However, hit the new craze is not the real portrayal of Shenzhen property market. According to the Shenzhen real estate intermediary Association, most of the recent hot real estate projects are concentrated in Nanshan, Guangming, Baoan and other areas with good planning and industrial development. In contrast, the eastern areas such as Longgang and Pingshan, where a large number of new houses are concentrated in Shenzhen, are basically not related to Sunlight and Da Xin. We can intuitively see that the East-West partial of Shenzhens new housing market is obvious.
(Xin Xin, Cheng Yin and Yang Guang are pseudonyms)