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.
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.
Xinxin frankly said that her financial philosophy has always been, if you have money and quota, you can buy a house..
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.
With regard to those who are not registered in Shenzhen and have social security for less than five years and who are not eligible to buy a house after the new deal, Cheng Yin feels that groups whose social security is less than five years old will not be hurt. We have been in Shenzhen for more than 20 years. His appeal to the relevant departments is that in Shenzhen, there is no room and money, and there is no one to buy a suite. Very few of them have bought one. It is suggested that new houses should be mixed with lotteries, which is fair and just, and the improvement family is just needed.
In fact, the root cause of the new hot is the record price is inversely linked with the quotation.
According to the analysis of Shenzhen real estate intermediary Association, taking China Resources City Runxi as an example, the average price of the new property is about 132000 yuan / m2, while the average price of second-hand houses in the surrounding China Resources City Runfu is more than 180000 yuan / m2, and the price difference per square meter reaches 40000-50000 yuan. This means that according to the smallest 100 square meter house type of the property, if you can earn at least 5 million yuan.
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.
Yang Guang said that the cost of a new fight was about 20000 yuan. Its like buying a lottery ticket, but its more likely to win than the lottery. If you win it, you will get a million yuan in return, but this lottery ticket is a little expensive.
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.
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
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.
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.
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 addition, in reality, there is another common situation, that is, during the existence of the relationship between husband and wife, how to divide the real estate purchased by borrowing the name during divorce? Yan Yudan, director of Guangdong Danzhu law firm, shares a past case in which a couple, after getting married, bought several properties in the name of others. At the time of divorce, due to the failure to reach an agreement on the division of property, the woman sued the man to the court, asking for the division of the current residential housing and the shares of real estate registered in the name of others by other couples, and submitted all purchase certificates and payment evidences.
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?
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.
The protagonist of this incident, China Resources City Runxi, also issued a proposal called housing without speculation on the evening of November 30, which reminded the risk of purchasing houses on behalf of others. It also mentioned the phenomenon of new hot in the real estate market in Shenzhen. It is not ruled out that the relevant regulatory departments of the government will issue relevant policies and measures to ensure the implementation of the policy of housing without speculation.
With the continuous official voice and concern, the regulation of Shenzhen property market has aroused heated discussion again.
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)