It was a happy thing to get the real estate license after buying a house, but many owners who bought commercial houses in dali town Wanyi Plaza, Nanhai District, Foshan City thought they had been cheated in the process of buying a house and insisted that the developer return the house. The representative of the developer said that the sales process was completely legal and legal. Since the online signing of the real estate purchased by these owners has already been completed, it is impossible to return a house for a refund.
The marketing center of Wanyi Plaza in dali town, Nanhai District
thinks that many owners were cheated by sales when buying houses, and asked to return the house after obtaining the real estate license
Wanyi Plaza, located at Jianshe Avenue, Huang Qi, dali town, Nanhai District, Foshan City, is located at the junction of Guangzhou and Buddhism, so it has attracted more attention from buyers, and Mr. Zheng, who works in Guangzhou, is one of them. He bought a property with an area of 7 square meters here in May 221 and spent 97, yuan.
"When we first came here to look at the house, the sales told us that it was an apartment, and we could apply for a property right certificate, and we could renew it one year in advance after the 4-year property right expired." Mr. Zheng said that he decided to buy this property after listening to these introductions of sales.
However, after repossession in 222, Mr. Zheng found that the purpose of the real estate license was written as office, and it was noted that after the expiration of the land use right, all the land, buildings and attachments on the ground were recovered free of charge.
the purpose and service life of the owner's real estate license are marked
"What if the government department decides that the office is uninhabitable and all of us are evicted? And why does the title certificate say that it will be recovered free of charge after expiration, which makes us feel completely insecure. " Faced with these remarks on the real estate license, Mr. Zheng is hard to accept, so he hopes that the developer can return a house.
Similar to Mr. Zheng's situation, Ms. Liang, a property buyer, also told reporters that only after she got the real estate license did she find that the phrase "free recovery in 253" was different from what she had known before, so she went to the developer's sales office several times and asked to return the house.
"If it was clear that the defendant was informed that it was taken back for free, I would definitely not choose to buy it." Ms. Liang believes that when signing the purchase contract, the salesperson did not carefully explain the specific terms of the contract to her.
reporter's visit: the real estate sales center has a special notice, and the sales work is going on normally
Nandu reporter learned that as a pilot reform area of rural collective construction land entering the market, Nanhai officially launched the pilot reform in 215, and specially issued the "Trial Measures for the Supervision of Rural Collective Construction Land and Housing Development and Operation in Nanhai District of Foshan City" to supervise the development and operation of such land and housing. The measures stipulate that in case of housing sales, leasing and other operations, the development unit should make a publicity column for rural collective construction land projects in a prominent position in the project sales center to identify and prompt the project investment risks.
on the afternoon of November 15th, Southern Reporter paid a field visit to Wanyi Plaza Sales Center located at Jianshe Avenue, Huang Qi, dali town, Nanhai District, Foshan City.
it can be seen from the scene that there is a pre-sale bulletin board of commercial housing and special tips for buying and selling on the wall at one side of the marketing center. In addition, "Special Notice" is conspicuously printed on a big blue background board. It is stated in the notice that the nature of the plot is rural collective land, and the date of termination of land use right is December 31, 253.
Special Notice is conspicuously printed on a large blue background board in the marketing center.
In the marketing center, several sales staff are communicating with customers. In the signing room, a property buyer is signing a house purchase contract, and there are obvious signs on the signing table indicating property rights.
developer's response: the information is open and transparent, and there is no deception. The owner's house return appeal cannot be realized
In the sales center, as the representative of the project developer and the head of the marketing center, Liu Shuhu, a legal person of Foshan Xuhe Property Agency Co., Ltd., accepted an interview with reporters and responded to the demands put forward by several owners.
Liu Shuhu said that Wanyi Center, as one of the pilot projects of rural collective construction land entering the market in Nanhai District, had clearly made a special notice in the sales department when it started to sell, stating the land nature of the project, informing the citizens who came to see the house that it was a non-residential commercial house, and also put forward the requirement for the sales agent to clearly inform the situation and not to hide it.
"We have done all the risk warnings according to strict management regulations, and they are specially displayed in the sales center, which can be seen by citizens who come to the sales department." Therefore, he believes that there is no case that the owner complained that he was misled and deceived by the sales staff.
At the same time, Liu Shuhu said that every property buyer will sign a separate love letter before signing the house purchase contract, which will inform the property buyer that the property purchased can only be used for office, and the property right status of the house will be specially marked in the house purchase contract.
A sign with the words "Reminder" is displayed on the contract signing table of the marketing center.
"The office nature of the purchased property is clearly written in the love letter and contract for many times, and it is clear that the property right is only 4 years, and it will be recovered after the expiration. When buyers sign love letters and purchase contracts, we provide enough time and space without interference, and they have enough right to know about the situation of the houses they buy. "
in response to the owners' request for house return, Liu Shuhu said that because the houses purchased by the buyers have been put on record by online signing in the government functional departments, and the real estate licenses have been processed, the process of house return is beyond the scope of the company, so it cannot be realized.
"If the property buyers have questions about the remarks on the property certificate, I suggest that the property buyers directly consult the issuing authority and Foshan Natural Resources Bureau."
Writing/Photography: Southern Reporter Li Peng Trainee Reporter Sun Zhenling
Further reading
Retired teacher Sanya bought 22 suites for 1 years, but the arbitration developer "refused"
China Housing News reporter Chen Biao reported in Sanya
"I have been buying real estate in Sanya for 13 years, and the developer has refused to deliver it." At the beginning of November, Ms. Ye, 68, held a thick stack of information reflecting the situation and told it one by one in front of reporters.
At the intersection of Yuya Road and Gouling Road in Sanya City, there is a real estate project named "Domineering"-Royal Ecological Seascape Garden. The original promotional copy of this project was really desirable. This "high-level, noble and classic mansion community for the rich", which was built around 25 and originally intended to be built with thousands of households, has now been built with only three small high-rise buildings and about 2 households.
Sanya Royal Ecological Seascape Garden. It has been changed to "Sunshine Mountain Bay". Chen Biao/photo
In p>29, Ms. Ye, a retired teacher from Wuhan, Hubei Province, signed 22 Commercial Housing Sales Contracts with the developer of the project on the basis of "paying the house purchase price by borrowing", and registered them in the housing management department of Sanya City.
However, the developer denied Ms. Ye's statement, saying that it was only a loan dispute with Ms. Ye, and the Commodity House Sales Contract signed by both parties was only a guarantee method, not a house sales relationship.
The deadlocked parties finally try to solve the problem through arbitration. In 21, 22 arbitration awards ruled that the ownership of the house involved belonged to Ms. Ye, and the developer assisted the purchaser in handling the house title certificate.
more than p>1 years have passed, and Ms. Ye still hasn't arrived at the house. At this time, the price of Sanya property market has risen from several thousand yuan per square meter to about 3, yuan per square meter. The factors of rising house prices, or the main reasons that aggravate the conflicts between the two sides. One party asks for real estate, and the other party refuses to hand over the house. What is the solution to the contradiction and dispute?
This is a typical case that happened during the recovery period of Hainan's property market, and the real estate development is heading for prosperity again. In a sense, the emergence and interweaving of this contradiction reproduces the realistic scene of real estate development and real estate investment at that time.
"bought 22 suites in Sanya"
In Sanya, a famous tropical coastal tourist city, Ms. Ye bought 22 properties in the same project.
Ms. Ye told the reporter that she had been engaged in education in a school in Wuhan before. In 1992, she was sent to Hainan by her unit for outreach, and she was familiar with and liked Hainan. After retirement, Ms. Ye started a business in partnership with others and later engaged in financial investment.
"Around p>“29, my friends and I visited investment projects in Hainan. In January 29, I paid the full amount and bought 1,335.26 square meters of real estate in Sanya's' Royal Ecological Seascape Garden' real estate project. One * * * is 22 suites. " Ms. Ye said, "At that time, the project was under construction, all of which were faster houses, and the building was built after 21."
According to the Commercial Housing Sales Contract provided by Ms. Ye, the unit price of these 22 suites ranges from 4, yuan to 7, yuan/square meter, all of which are small-sized units ranging from tens of square meters; The 22 suites are all registered in the name of Ms. Ye, including 2 sets of "Haiqin Pavilion" and 2 sets of "Haixing Pavilion" in Building B of Royal Ecological Seascape Garden.
"I have negotiated with the developer many times, demanding that the house property certificate be put in my name." Ms. Ye said, but the developer has not assisted in handling the housing property certificate and refused to hand over the house to me.
"At that time, there was no strict purchase restriction policy in Hainan, and many people like me invested in real estate." Ms. Ye admitted to the reporter that these 22 properties were for investment, and the house price in Sanya was this price at that time. The reporter inquired that the average price of commercial housing in Sanya in 29 was about 7, yuan/square meter.
because she couldn't get a house, Ms. Ye also decided to settle their disputes by arbitration according to the prior agreement between the two parties. "I won all 22 arbitration cases and applied for court enforcement." Ms. Ye said that more than 1 years have passed since she applied for arbitration in December 21, and she has not yet arrived at the house.
Ms. Ye told the reporter that she also complained to various functional departments in Sanya about 22 houses, but replied that the Royal Ecological Seascape Garden has not yet passed the completion acceptance, and the relevant departments will not be able to issue the title certificate for her.
developer: the two sides are in a loan dispute
Only three small high-rise buildings and about 2 properties have been built in the residential area. Chen Biao/photo
Recently, the reporter went to Sanya Royal Ecological Seascape Garden to learn about the situation. The developer denied Ms. Ye's "buying a house", saying that they and Ms. Ye were only a loan dispute, and the Commercial House Sales Contract signed by both parties was only a guarantee method, not a house sales relationship.
On the morning of November 3rd, the reporter saw that there was no name sign in the Royal Ecological Seascape Garden Community, some external walls of the three completed buildings had been separated, the corridor facilities were slightly outdated, and the whole community was deserted. However, in some plots around the community, Gai Lou is under construction.
Previously, the project was advertised on the Internet as follows: Royal Ecological Seascape Garden is located in the heart of Sanya City, and the community is a modern high-grade community with low density and low floor area ratio, consisting of three small high-rise buildings with advanced elevators on floors 11-13 and 16 detached villas; The noble and classic mansion community of the rich is a paradise building on the coast of South China, and it is the best choice for living and investing. Its appreciation potential will show a blowout trend, and the only value-added space is the "Royal Ecological Seascape Garden".
in fact, the royal ecological seascape garden in the "rich people's mansion community" has only built three buildings and nearly 2 suites so far.
The reporter learned that the project developer was Sanya Tianhong Real Estate Investment and Development Co., Ltd. before, and now it is Sanya Hongjiao Resettlement and Development Co., Ltd.
Mr. Zhang, the main person in charge of the developer, told the reporter that Ms. Ye is a loan dispute with them, not a house sale relationship; The Royal Ecological Seascape Garden project encountered difficulties in the development and construction process due to various reasons such as funds, and had to raise funds from outside.
"In January and September p>“29, we borrowed 7.61 million yuan from her twice." Mr. Zhang said that Ms. Ye had already been paid a part, and she still owes her about 4 million yuan if interest is not included.
Mr. Zhang explained that the reason why the loan was not paid off was because there was a problem in the enterprise's capital chain and there was no money now.
"I can't give her my house in this place." Mr. Zhang told reporters many times. Mr. Zhang's speech was euphemistically interrupted by the legal adviser of the developer present, thinking that Mr. Zhang's words were excessive.
Mr. Zhang expressed dissatisfaction with the award made by the arbitration institution, saying that the materials had been submitted through relevant channels.
The arbitration ruled that the developer should hand over the house
According to the records of the arbitration award which is still legally effective, Mr. Zhang's argument was not supported. The reporter learned that as early as the end of December 21, Haikou Arbitration Commission made 22 awards on disputes between the two parties.
in the award, Ms. Ye, the applicant, claimed that in order to ensure the better performance of the Commodity House Purchase and Sales Contract and increase the liability of the respondent Sanya Hongjiao Resettlement and Development Co., Ltd. for breach of contract for overdue delivery, both parties agreed to pay the purchase price by borrowing.
the developer argued that this case was actually a loan dispute, and the respondent borrowed 7.61 million yuan from the applicant Ms. Ye twice, of which Ms. Ye also deducted the loan interest in advance, and the corresponding building under construction was only used as a guarantee.
the arbitral tribunal holds that the Commercial Housing Sales Contract signed by the applicant and the respondent is the true intention of both parties, with qualified subject, legal and valid contents and binding on both parties. It is not illegal for the applicant to pay the house purchase price to the respondent in the form of lending money to the respondent. The respondent claimed that the relationship between the purchase and sale of commercial housing was the guarantee of the loan contract between the two parties. Because the respondent had no evidence to prove that there was a guarantee relationship between the Contract for the Purchase and Sale of Commercial Housing and the Loan Contract, the arbitration tribunal rejected its defense opinion.
On December 31, 21, Haikou Arbitration Commission made 22 awards, confirming that the ownership of the above-mentioned house belongs to Ms. Ye; The developer shall deliver the above-mentioned house within 1 days from the effective date of the award, and assist Ms. Ye in handling the house property certificate. In addition, the developer should also bear the corresponding liquidated damages for expected delivery.
in may, 212, Haikou maritime court made 22 enforcement rulings, ordering the developers to handle the property ownership certificates for 22 properties involved and transfer them to Ms. ye. At the same time, the court also served notices of assistance in execution to Sanya Municipal Bureau of Land, Environment and Resources and Sanya Municipal Bureau of Housing and Construction.
"After more than p>“1 years, the developer has refused to hand over the house." Ms. Ye said that she reflected this situation to the relevant departments of Sanya City, but the answer was that the community had not yet completed the comprehensive acceptance, and there was nothing they could do.
Mr. Zhang, the person in charge of the developer, clearly told reporters that he could not give Ms. Ye a house.
On the afternoon of November 4th, Sanya Housing and Construction Bureau called the developer and Ms. Ye to hold a coordination meeting. The relevant person in charge said that the two sides mainly hold consultations, and a written document will be submitted to the leaders after the coordination meeting. As of press time, things have not yet made the latest progress.