surging news reporter Zou Juan Zhao Lei Yu Liyan
surging news reporter found that as the property market in the first tier cities is warming up, the current property The market is a mess. In order to snatch the market, there is a large number of intermediaries to contract exclusive housing, short-term lending, fictitious housing and other tricks, and the practitioners are mixed, making the intermediary market chaotic, accused by the buyers to become a push to help rise house prices.
chaos one: to win the exclusive housing price
the signing of the contract exclusively caters to the seller's psychology, and to a certain extent boosts the rise of the house price, and makes it easy to monopolize. The visual Chinese data
2015 in the second half of the year, the surging news reporters intend to sell their own housing, so they contacted several intermediaries in the identity of the sellers, and there was an intermediary salesman to visit the sole source, and the conditions were very good.
the reporter's house was about 2 million yuan at the same market price at that time. The intermediary suggested that if the sole source was signed, it could be sold at a higher price of 2 million yuan within a certain time. If the expiration date was not sold, the intermediary company paid a certain amount of compensation; and if the transaction price was higher, the sole agent should be given. An intermediary must be made. The corresponding condition is that the owner can not sell the property in other real estate agencies.
in order to grab more exclusive housing sources, the agency even linked the signing of the exclusive housing contract to employee income.
in fact, signing the contract exclusively caters to the seller's psychology, and to a certain extent, boosted the rise in house prices, and it is easy to cause monopoly.
surging News understands that a housing source in a residential area of Shanghai has been agreed to deal with 4 million 500 thousand yuan, and buyers have paid 50 thousand yuan deposit. Another intermediary contacted the seller, suggesting that if the contract was signed exclusive can be sold higher, the landlord finally paid 100 thousand yuan of liquidated damages, and then again by the intermediary, then 5 million 100 thousand yuan.
take chain home as an example. In order to get more exclusive housing sources, it signed an exclusive housing agreement with its home buyers in 2015. In fact, some large property agents such as the Pacific and Central Plains have begun to follow suit.
the legal profession told the surging journalists that similar exclusive agreements do not have legal effect. Once disputes arise, intermediaries tend to take advantage of their advantages and lock down their clients.
chaos two: short term loan legitimacy waiting for
borrowing, the interest of the chain family is up to 1.6%, which is 4 times the same rate of the same file bank in the same period. Zhu Weihui,
2016 in January, Mr. Shanghai citizen Zhuang planned to buy a marriage room for his son, see a house in the chain home, and sign a house property agreement with him.
after Mr. Zhuang paid all the deposit 800 thousand yuan, in January 15, 2016, the chain told him that there were two mortgages to deal with under the property. Of the two mortgages, one of the mortgages occurred in 2009, the housing owner's provident fund loan for the first transaction of the house, and the second mortgages showed the end of 2015, the buyer's mortgage for the purchase of another larger housing for other individuals. According to the relevant laws of China, the buyers and sellers can not sign a sales contract before the mortgage is paid off.
two of the mortgages in this case, the first mortgage is a common money in the second-hand house transaction, which is enough to be paid by Mr. Zhuang's 800 thousand deposit, which will not affect the subsequent transactions in normal circumstances. But what's the second item?
originally, before selling the property, the owner bought a new property through the chain owner. At that time, because of the lack of funds, the intermediaries of the chain offered to provide a loan service for them, and the owner mortgaged him to the property (that is, the property sold to Mr. Zhuang) under the name of the house.
it is worth mentioning that, although the loan of this property mortgage contract is a personal, but after the investigation after the lawyer, it is found that the person is a chain home employee and the contact address is also the address of the Shanghai headquarters. Moreover, during the period of borrowing, the interest rate of the chain family is as high as 1.6%, which is 4 times the same bank interest rate in the same period. Dong Minhua pointed out: "such a high interest rate has already constituted usury."
2 14 months, Mr. Zhuang unexpectedly found, in the trading deadlock, the house of the mid cloud garden, a higher price of 3 million 880 thousand yuan by the chain family intermediary hang online, "one house two sell" open network sale. After
interview, on February 23rd afternoon, Shanghai chain responded that there was a certain intermediary service defect in the intermediary service process. The company provides a full advance payment plan for the 800 thousand yuan deposit paid by the customer to the existing inter service service problem. Later, through further communication with the client's clients, the settlement of the buyer and seller and the identification of the liability for breach of contract are resolved through legal procedures.
Dong Minhua said that the chain is a real estate agency, which does not provide the qualification of financial products.
Mr. Guo, a person in the industry, believes that it is not a mess that should be based on the source of funds. Unless the short-term loan funds are borrowed for the intermediary, and the interest rate is not more than 4 times the interest rate of the bank, a certain agreement between the two parties should be feasible in the legal framework, but if the intermediary and its The nature of his financial institutions' cooperation or binding them on financial products has changed.
"first of all, it is clear that real estate agents are absolutely not financial intermediaries, and real estate intermediaries have a clear scope of operation. They must not operate across borders. "Commercial bank law" and "banking supervision and management law" have relevant provisions, unauthorized financial institutions, or commercial banks, such as loan business and deposit business are prohibited, intermediary agencies have no rights, no legal qualifications to engage in loan business, the loan business it is engaged in The law is questioned. " Mr. Guo said.
recommends that buyers do their best in purchasing houses, and prefer to apply for more adequate bank loans and less use of other financing channels. Usually, housing mortgage loan is the lowest interest rate.