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Who would have thought that Kunlun District, a hot property near the Second Ring Road in Beijing, had changed from a relationship purchase to a request for many owners to check out after only one year.
In the hot and bustling real estate market for many years, buyers often enjoy the appreciation benefits of millions of yuan. Once the market cools down, the owner's return becomes a sensitive topic, and even causes "housing trouble" disputes requiring developers to compensate in many places. The reporter learned that due to the complicated procedures involving loans, it is not easy for the owner to check out the house, and it may even affect the subsequent purchase of the house. Industry insiders appeal that the cooling of the property market will lead to frequent demands for house returns. Relevant departments should study new rules related to house returns as soon as possible, and guide consumers and developers to operate in a standardized way like commodity returns.
Second Ring Side Luxury House Robbery and Return
The excellent position on the side of the West Second Ring Road once made the Kunlun area popular.
In August last year, Kunlunyu obtained the pre-sale certificate, and the approved average sales price was 95000 yuan, officially breaking the "80000 yuan red line" that the pre-sale price could not pass after the "March 17 New Deal".
Compared with the surrounding second-hand houses, the price of 95000 yuan is indeed high; However, if it is defined as a luxury house beside the Second Ring Road, plus the rising property market and the supporting planning of Lize Business District, some people will think it is "worth it".
"If a luxury house originally wanted to sell for 110000 yuan per square meter, but now it is limited to 95000 yuan per square meter, who can not be moved?" Chen Yu (a pseudonym), the owner who bought the house by trust at that time, recalled that the early publicity project in Kunlun was "top configuration", and the salesperson disclosed that the project was originally priced at 110000 yuan/square meter, but was finally approved for 95000 yuan/square meter. Under the background of such "reduced price", the project was sold out on the opening day.
A year ago, when queuing up to sign a contract, I felt I had picked up a bargain, but now I realized that I had suffered a loss when I checked out the house. Last month, after looking at the house, the owner thought that Kunlun was equipped with "downshifting" and "shrinking" in elevator, fire stairs, lobby on the first floor, external walls, greening and other aspects. After that, more than 100 owners refused to accept their houses. The developer once responded with a "letter from the family in Kunlun District, Beijing" that it would improve 11 places such as the decoration of the lobby on the first floor, and at the same time put forward two plans for the owner to choose: either compensate for the air conditioning or fresh air system, or check out the house according to the procedures.
October 20 is the deadline set by the developer for check-out. According to the owners' representatives in Kunlun, as of that day, about 50 or 60 owners had checked out. The reporter contacted China Resources Land, a development enterprise, and was told that there was certainly not so much, but did not disclose the specific figures.
It is difficult to eliminate the loan record after compensation
In Beijing, the phenomenon of owners asking to check out is relatively rare, which has also caused many new problems.
"There are still many owners waiting to see if the developer's rectification and improvement measures can really be in place." According to the above owner representative, some owners insisted that the developer's check-out plan was unreasonable, so they refused to sign a check-out agreement.
"The interest rate of my house purchase loan is increased by 20% according to the five-year interest rate, but the return plan only compensates me with the one-year benchmark interest rate," said the owner representative.
The reporter saw the check-out plan mentioned by the above owner at the sales office: from October 8 to 20, he went to the sales office to sign a check-out agreement, and then both parties handled the cancellation of the mortgage loan contract and the procedures for early repayment of the loan. After completing the relevant procedures, the developer returned the house payment and interest paid within 14 days. The interest calculation method disclosed in the plan is "the house purchase payment paid (the loan customer includes the part of the loan that has been received) × the one-year bank loan benchmark interest rate of the People's Bank of China/360 × interest accrual days".
The benchmark interest rate of one-year bank loans of the Central Bank is 4.35%, while the five-year interest rate is 4.9%, which is 5.88% after floating up 20%. For Kunlun, whose total price is ten million yuan, this interest difference is not a decimal.
Another problem for owners is the loan records in the central bank's credit reporting system. When buying houses in Beijing and many other places, they always "buy houses and buy loans". No matter whether the buyer has a house in Beijing or not, as long as there is a housing loan record in the Central Bank's credit records, it will be considered as "non first house".
As a result, the owners of the first house in Kunlun will lose the qualification of "first house" after checking out, and will not enjoy a minimum down payment ratio of 40% for "first house" after buying another house. If you buy a common house, the minimum down payment ratio will be raised to 60%; If you buy a non ordinary house, it will be raised to 80%. "In Beijing, a down payment increase of 20% or 40% is often several million yuan," said an owner.
This is also the point of contention between owners and developers at present. The above person in charge of China Resources Land said frankly that the developers could not solve the problems related to loan records.
Responsibility is determined as the key to check out
Previously, although it was denied that Xiamen Vanke Egret County project "paid for the difference", Vanke also proposed a check-out plan and compensated some interest. In the process of communication between owners and developers, there are also many contradictions.
"The e-commerce platform has had the rule of return without reason for seven days, and it is difficult to return after signing a contract in the property market!" In the eyes of many legal people, improving the terms of return is an important means to reduce conflicts and disputes between developers and owners, especially in the sensitive period of property market cooling.
Taking the model contract of Beijing house purchase as an example, if the foundation and main structure fail to pass the test, the buyer has the right to terminate the contract; If the indoor air quality or building sound insulation of the commercial housing does not meet the standards after detection or the conditions listed in the appendix of the contract do not meet the facts, the Seller shall be responsible for rectification. If the rectification still does not meet the standards, the Buyer has the right to terminate the contract.
However, in more cases, the owner's demand for returning the house stems from the large gap between the house delivery standard and the expected value.
The above owner representative of Kunlun said that the building brochure previously publicized said that Kunlun used "red handmade bricks", but in fact, it turned into paint, "the quality has suddenly decreased, which directly affects the appreciation of property in the later period."
The relevant person in charge of China Resources Land replied to the reporter that the building book did say "red handmade bricks", but since the relevant departments prohibited the use of exterior wall facing bricks in high-rise buildings for safety reasons, the exterior walls of high-rise buildings designed by the community were all painted.
"According to the purchase contract and laws and regulations, there is no legal or agreed cause that can lead to the termination of the contract." China Resources Land said, but in order to show good faith, it still provided the owner with a return plan such as interest compensation at the 4.35% standard.
"The discrepancy between the early publicity and the actual situation is one of the main disputes in the property market, and the key is that the owner has enough evidence to determine the responsibility and compensate," said Bi Wenqiang, the chief lawyer of Beijing Shengting Law Firm and the secretary-general of Beijing Property Law Research Association.
In the opinion of Yan Yuejin, the research director of the think-tank center of E-House Research Institute, it is legal to check out a house in the normal process of buying and selling a house. However, the check-out period is long, and the bank and other aspects are involved, so there is great resistance. It is suggested that the relevant departments study and solve the problems such as how to compensate the interest involved in the check-out process and whether the loan records can be cleared, so as to make the check-out process more standardized and easier to operate. The opinion of this article only represents the author himself. If the source of the article is a network reprint, this website is an information publishing platform. If there is infringement, please contact this website to delete it in time.
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