In view of the fact that outstanding problems in the real estate field are frequent and become the main source of contradictions between letters and visits, we call for: on the one hand, consumers should legally protect their rights, on the other hand, as the competent government regulatory department, they should actively carry out special governance. On the other hand, it is also the most important aspect that the relevant departments should introduce laws as soon as possible to protect the interests of property buyers. If the purchased houses are mortgaged by developers, the laws should be deemed invalid.
Under the background of profound changes in economic system, interest pattern and values, social contradictions can be resolved through good policies and the rule of law, so that every problem can make the public feel fair and just. In the field of real estate, protecting the legitimate rights and interests of buyers means maintaining the integrity and fair order of the market, which is a part of China ruled by law. This should be implemented in action and reflected in the effectiveness of work.
Chen Ning, reporter of China Housing News, Li Yezhen reports from Beijing and Tangshan.
Wang Xiaofei never imagined that he, a former guest in attracting investment, would now take the developer to court.
10 14, Wang Xiaofei, CEO of South Beauty Group, posted in his Weibo that 10 bought a building of more than 8,000 square meters in Tangshan, but the developer Tangshan Chengtou Real Estate Co., Ltd. (hereinafter referred to as "Tangshan Chengtou") refused to apply for a real estate license for various reasons. Later, I learned that the developer mortgaged this land property to seek its own loan.
In Wang Xiaofei's view, "it is equivalent to buying a house, and the developer will not give you a certificate, but also take your premises as collateral."
At present, Wang Xiaofei filed a lawsuit and won the first trial. According to the data, the relevant second trial was held in the Higher People's Court of Hebei Province. The parties were South Beauty Co., Ltd. (hereinafter referred to as "South Beauty") and Tangshan Chengtou, and the case number was (202 1) Jiminzhong No.502.
The reporter learned through the enterprise search APP that Tangshan City Investment was established in February 2009 and is held by Tangshan Urban Construction Investment Co., Ltd. 100%. Tangshan Urban Construction Investment Co., Ltd. was established by Tangshan Municipal Government. At the end of 2008, the Tangshan municipal government changed the registration of the company, with a registered capital of1860 million yuan. As of 2009, the company had total assets of 20.68 billion yuan and net assets of 7.46 billion yuan, making it one of the state-owned capital operating institutions in Tangshan.
10 15, Wang Xiaofei said in an interview with China real estate news through his assistant, "Tangshan City Investment not only kept it from us, but also failed to inform the bank that made the mortgage loan, which is actually a fraud. In this regard, we have to resort to the law. "
Regarding Wang Xiaofei's public accusation, the reporter contacted a relevant person in charge of Tangshan City Investment, while the other party said that the leaders made a statement that they would not respond to this matter.
Hit it off in Tangshan.
This property in the dispute between South Beauty and Tangshan City Investment is located in Nanhu Leisure Food Plaza in Tangshan Dananhu Scenic Area. Nanhu Leisure Food Plaza Project is one of the key projects in Tangshan City in 2009.
"South Beauty chose to settle in Tangshan that year, and was moved by the sincerity of the Tangshan municipal government to attract investment." A person in charge of South Beauty named Lu, who has been in communication with Tangshan City Investment Corporation for a long time, told reporters that the leaders of Tangshan Municipal Government and Tangshan City Investment Corporation visited Ms. Zhang Lan, the chairman of our company, and Mr. Wang Xiaofei, the CEO of our company, and invited South Beauty to settle in Nanhu Leisure Food Plaza, describing the bright future of the project and saying that they would give some corresponding preferential policies.
20 1 1 On September 25th, 2008, South Beauty and Tangshan Chengtou formally signed the Commercial House Purchase and Sales Contract and the Supplementary Agreement, and purchased the commercial house D4- 1-D4 in Nanhu Food Plaza.
According to the contract, the interior construction area of the property is more than 8,000 square meters with a total value of more than 70 million yuan.
"At that time, South Beauty opened 50-60 stores across the country, all of which rented storefronts in the core business district. This property in Tangshan is the only home in South Beauty." The person in charge of the above-mentioned Lu surname told the reporter that if South Beauty is the same as the blueprint originally described, it will boost local consumption and solve employment, and the local government will provide some preferential policies for South Beauty, which is a win-win situation.
20 12 1 month, South Beauty held a grand opening ceremony in Tangshan Nanhu Leisure Food Plaza.
At that time, the Standing Committee of Tangshan Municipal Committee, executive deputy mayor, former Standing Committee of Tangshan Municipal Committee, former secretary of the Political and Legal Committee, deputy director of the Standing Committee of Tangshan Municipal People's Congress, vice chairman of Tangshan CPPCC and other leaders attended the celebration, and together with Zhang Lan and Wang Xiaofei, they cut the ribbon for the South Lake Store in Tangshan, South Beauty.
In addition to South Beauty, since the opening of the park in 20 10, there are also old-fashioned catering brands such as Quanjude, Donglaishun and Hongyan Restaurant.
However, Tangshan locals said that the location of Nanhu Leisure Food Plaza is not superior, and the business conditions of commercial projects are average.
Property 10 years without a license.
The development of things is far from smooth as expected.
"After the opening, we repeatedly urged Tangshan City to apply for the real estate license for us, but the other party has been shirking for various reasons." The person in charge of the surname Lu said that Tangshan Chengtou began to say that it would be handled together with other properties, and later said that the local housing management bureau had to wait for a new policy. We are not familiar with the local policies and markets, and we have not made any further investigation because of our trust in the background of Tangshan City Investment.
The real estate license has been delayed for a long time, and there are also problems in the operation of the Tangshan branch of South Beauty.
According to the judgment (2020) No.302 at the beginning of the Republic of China, South Beauty claims that "since the opening of 20 12, due to the huge impact of the market environment and policies, the operation of the branch has been seriously difficult, lacking liquidity, and the operation of the branch is in poor condition."
In the judgment, South Beauty also believed that the crisis could have been overcome by financing methods such as mortgage of the houses involved. However, as Tangshan City Investment Co., Ltd. mortgaged some land use rights including the houses involved in the case in 20 13, and South Beauty never knew about it, the Tangshan branch was finally forced to close, which seriously affected the normal operation of the company.
"Due to poor business conditions, the Tangshan branch closed a few years ago, but the property fee has been paid." The person in charge of the surname Lu said that during the period from the end of 20 19 to the beginning of 2020, Tangshan City Investment Co., Ltd. still did not solve the problem of real estate license, so we went to Tangshan Administrative Service Center to find out the situation ourselves. As a result, the staff told us that "there was something wrong with this property and it was mortgaged", and we suddenly realized that we had been kept in the dark for so many years.
On July 29th, 2020, South Beauty sent a "Reminder Letter" to Tangshan City Investment Company, asking Tangshan City Investment Company to give a clear reply on the time for completing the real estate ownership certificate before August 4th, 2020. As of August 3, Tangshan City Investment did not reply.
On August 4th of the same year, South Beauty Company issued the Circular Letter on Cancelling the Agreement and Returning the House Price, requesting Tangshan City Investment to cancel the house purchase contract and return the house purchase price.
1 1 February 2nd, Tangshan City Investment Company sued South Beauty Company, requesting the court to confirm that the "notice letter on canceling the agreement and returning the house price" was invalid. 1 1 month 16, the people's court of lunan district, Tangshan made a civil ruling (2020) No.2171at the beginning of the Republic of China, ruling that the lawsuit against the city investment company would not be accepted.
1 1 On July 27th, the lawsuit of South Beauty against Tangshan City Investment opened.
The focus of controversy in court
In April this year, the Intermediate People's Court of Tangshan City, Hebei Province confirmed by first instance that the Commodity House Sales Contract signed by South Beauty and Tangshan City Investment and its supplementary agreement were dissolved on August 14, 2020. Based on this, the relevant judgment was made, requiring Tangshan City Investment to return the purchase price of South Beauty and compensate the land use tax, property tax and late payment fee.
Since then, Tangshan City Investment has filed an appeal.
According to the data, the relevant second trial was held in the Higher People's Court of Hebei Province. The final verdict is still unknown.
According to the evidence recognized by Tangshan Intermediate People's Court in the first-instance judgment, the property was mortgaged by Tangshan City Investment Co., Ltd. for three times since 20 13, including two banks and a financial institution.
The staff of South Beauty said, "South Beauty is unaware of these situations. Until South Beauty filed a lawsuit against the city investment company in 2020, the property was still in a mortgage state. "
Although Tangshan Chengtou argued that the mortgage list of Nanhu Leisure Food Plaza project mortgaged to the bank did not include the houses involved in this case.
In this regard, the staff of South Beauty said it was difficult to understand, "Why do developers have the right to mortgage the property sold many times?"
With questions, the reporter contacted a relevant person in charge of Tangshan City Investment, and the other party said that the leadership made no response to this matter.
The reporter interviewed Qi Zheng, a lawyer of Beijing Hanhua Law Firm, about the problem that the developer can still mortgage the house after it is sold. Qi Zheng told the reporter that although the buyers have signed a house purchase contract with the developer for filing, because they have not yet applied for the registration certificate of immovable property rights, the right subject who owns the house and the corresponding land use right is still the developer, and the buyers only have the creditor's rights of the purchased real estate relative to the developer before the registration of immovable property rights, not the property right. So developers can mortgage.
When will the frequent "house-based" rights protection stop?
Some people in the legal profession told reporters that, generally speaking, it is rare to win a case in the first instance and be overturned in the second instance, unless the main factual evidence in the first instance is overturned.
The relevant person in charge of South Beauty told the reporter, "Wang Xiaofei voiced through Weibo this time, hoping that this incident can attract social attention and the government can help us solve the problem as soon as possible."
The reporter noted that under the Weibo of Wang Xiaofei's real estate rights protection, many netizens left a message saying that they had also encountered the problem that the purchased shops and houses were mortgaged and it was difficult to obtain real estate licenses. Some netizens lamented: "Celebrities have to defend their rights through Weibo when they encounter such housing disputes, and it is even harder for us ordinary people."
In reality, it is not uncommon to get a real estate license after buying a house, and there are also many "celebrities".
In September last year, Jackie Chan's two luxury houses in Dongcheng District were auctioned. The reporter of China Real Estate News combed and found that behind the "Jackie Chan's selling house" was that the house did not have a real estate license 13 years after purchase, and the developer was applied for compulsory execution because of debts.
In the same year 1 1 month, the Tibetan singer Alan shouted in Weibo that he had not obtained a property ownership certificate for four years after purchasing it in 20 16.
"As an ordinary person, there is no influence like a' celebrity', and it is more difficult to defend rights. Because there is a long time difference between buying a house and handling the house, it is difficult for buyers to get enough information. After buying a house, they can only passively wait for the developer to inform them to apply for the real estate license. They can't understand the information that the developer mortgaged the house and land during this period. They were happy to buy a new house, but they bought a' blind box', which is not conducive to the construction of a credible society. "
Qi Zheng believes that relevant departments should introduce laws as soon as possible to protect the interests of property buyers. For example, if a property buyer has been mortgaged by a developer after purchasing a house, the law should consider the mortgage invalid. The advantage of this is that it not only protects property buyers, but also urges banks and creditors to be more cautious about developers' mortgage loans and avoid the losses of banks and creditors.
He suggested that the state should build a transparent new house property rights platform, so that buyers can get more comprehensive property information and see the property rights status of the houses they bought in time. It is also hoped that the state can apply for real estate license immediately after promoting the purchase of new houses, which can fundamentally eliminate the problem of developers secretly mortgaging, protect property buyers to the greatest extent, and maintain integrity and fairness.