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Cangzhou pre-sale fund supervision opinion draft: if the house payment does not enter the regulatory account, the purchase contract is invalid

July 12, Cangzhou City, Hebei Province, Housing and Urban-Rural Development Bureau issued "on the solicitation of & lt; Cangzhou City, commodity housing pre-sale funds supervision methods & gt; (draft) the opinion of the bulletin" (hereinafter referred to as "draft").

The purchase contract must state: "The purchase price does not enter the regulatory account, this contract is invalid"

Regulatory account information is transmitted in real time to the regulator. The Opinion Draft shows that the supervisory bank is under the guidance and supervision of the regulator, and the pre-seller can choose the supervisory bank to supervise the supervisory account. After signing the regulatory agreement with the development enterprise, it shall set up special storage equipment for the regulatory account in the sales office of the regulatory project, and it can be networked with the information system of the regulatory department to achieve the real-time transmission and exchange of information on the regulatory account.

Pre-sellers apply for pre-sale of commercial real estate before the permit, should choose the regulatory bank, in accordance with the application for a pre-sale of commercial real estate corresponds to the principle of the only account, open a special account, and with the supervisory bank, the regulatory department signed an agreement on the supervision of pre-sale of newly built commercial real estate funds.

Commodity housing pre-sale funds supervision agreement format text by the Cangzhou Municipal Housing and Urban-Rural Development Bureau, the People's Bank of China Cangzhou City Central Sub-branch and the China Banking and Insurance Regulatory Commission Cangzhou Supervision and Administration Bureau *** with the preparation. After the establishment of the regulatory account, in the contract for the sale of commercial real estate must state: "the purchase price does not enter the regulatory account, this contract is invalid, the buyer and seller can be canceled at any time".

No regulatory account has been set up for the project, the relevant departments shall not handle the pre-sale of commodities and commodity housing online record.

Focused supervision of the amount of funds for construction, material acquisition, etc.

For the use of funds in the regulatory account, the "Opinion Draft" clearly puts forward, the pre-sale of commercial real estate funds should be deposited into the regulatory account, the supervisory bank of the regulatory account for the amount of funds used for the cost of building construction, equipment installation, material acquisition, ancillary construction works, etc. (hereinafter referred to as "the amount of key regulatory funds").

The document specifies the amount of key regulatory funds, that is, according to the actual situation of the project to determine the method of calculation: the project's total planned floor area × 4000-4500 yuan / square meter.

In order to make effective use of regulatory funds, Cangzhou City, the pre-sale funds do not reach the amount of key regulatory funds, can be irrevocably issued by eligible commercial banks or financial institutions other than its regulatory bank to pay the cash bond, exempted from the same amount of key regulatory funds amount.

Real estate development enterprises should be committed to the expiration of the bond does not occur before the bond default. Default on the letter of guarantee, the regulatory authority shall, in accordance with the provisions of the letter of guarantee issued by the bank or agency to initiate a claim for compensation, the amount of funds claimed through the bank or agency guarantee has been allocated to the key regulatory funds.

Supervisory departments according to the project image progress nodes gradually reduce the amount of key regulatory funds, reduce the gradient for the amount of key regulatory funds minus the progress of the project.

Establishment of commodity house pre-sale funds directly charged mechanism, the sales office set up a regulatory account special equipment

In order to ensure that the pre-sale funds into the regulatory account, Cangzhou City, in the "Opinion Draft" put forward, commodity house pre-sale of the proceeds of the money should be deposited into the regulatory account in its entirety, the pre-sale of people shall not be directly deposited in the housing price money. Purchasers apply for a mortgage loan, the lending bank or housing fund management center should be mortgage loans or housing fund loans directly issued to the regulatory account.

At the same time, Cangzhou City will establish a direct collection mechanism for the pre-sale of commodity housing funds, by the purchaser of the purchase price (including deposits and other forms of all forms of purchase price) deposited directly into the supervision of the project sales office set up in the supervision of the account of the special equipment.

The pre-seller shall, within 30 days from the date of signing, apply to the regulatory department for the recordation of the net signature of the commercial property.

Real estate development enterprises shall inform home buyers of the provisions related to the supervision of pre-sale funds of commercial properties, and prominently display the pre-sale funds supervision agreement supervision bank and supervision account number at the sales site.

Fund Disbursement: Direct Payment to the Recipient

After the collection and deposit of the key regulatory funds in full, at the corresponding project image progress node, the actual retention of the key regulatory funds in the supervisory account exceeds the amount that should be retained, the real estate developer can apply to the regulatory department to use the excess part of the key regulatory funds to make payment for the project.

In principle, the key regulatory funds are paid to the project construction unit, real estate development enterprises in the application for pre-sale permits for commercial real estate has been paid in advance of the project, the regulatory department to audit the conditions, the funds can be allocated to the real estate development enterprises.

The fund disbursement process shows that the pre-seller applies for the use of commercial property pre-sale funds, submit the "application form for the use of commercial property pre-sale funds" and the following relevant information:

1. For payment of the project: provide the invoice issued by the construction unit of the project payment and the construction contract, the original inspection and retention of copies of the original, and directly into the account of the construction unit.

2. For the purchase of construction materials and equipment: provide the purchase and sales contracts and invoices issued by the supplying units, keep the copies after the original inspection, and transfer them directly to the accounts of the supplying units.

3. For the payment of design and supervision costs: provide contracts and invoices issued by the design and supervision units, and retain copies after the original inspection, directly into the account of the design and supervision units.

4. For payment of administrative fees or taxes: provide the payment (tax) notice, keep a copy after the original inspection, and transfer it directly to the account of administrative fees or taxes.

5. For the return of bank loans: provide the loan contract and balance details, and transfer them after the supervisory department's examination and approval.

6. For the refund of returned properties: provide the application for the withdrawal instructions and the canceled contract of sale and purchase of commercial properties, and allocate it directly to the account of the person who withdrew the property.

Opinion draft clear responsibility of all parties

Supervisory banks should be in accordance with the regulatory provisions of the regulatory agreement, into the special account of the pre-sale fund income and expenditure of the day-to-day management of the situation, and regularly to the local regulatory authorities to report the income and expenditure of the special account.

Without the consent of the supervisory department, the supervisory bank shall not "withdraw loans" or "cut off loans" on its own, and any violation of this shall be regarded as "supervisory theft". In the event of judicial seizure, freezing, deduction, the supervisory bank in accordance with the Supreme People's Court, the Ministry of Housing and Urban-Rural Development, the People's Bank of China jointly issued the "on the standardization of the people's court to ensure that the implementation of measures to ensure that the presale funds of commercial real estate used for the construction of the project notice" provisions of the implementation.

Construction, supervision and other units of the regulated project that provide false certificates or take other means to assist the pre-seller to use the pre-sale funds of commercial properties in violation of the law shall bear the corresponding legal responsibility, and the regulatory department shall record its behavior in the integrity of the enterprise's record, and implement joint disciplinary action.

Supervisory banks in violation of the provisions of these measures, refused to accept, refuse to pay or unauthorized disbursement of funds for the presale of commercial real estate, or the use of funds for the presale of commercial real estate in violation of regulations, resulting in the misappropriation of funds for the presale, resulting in the project can not be completed on schedule, in addition to bear the corresponding legal responsibility, by its higher authorities in accordance with the law, and may not undertake the supervision of funds for the presale of commercial real estate; constitutes a crime, shall be investigated for criminal responsibility.