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Can developers refuse property buyers to use provident fund loans?
According to the website of the Ministry of Housing and Urban-Rural Development, recently, some real estate development enterprises refused to let buyers use housing provident fund loans, which seriously damaged the legitimate rights and interests of paid employees. In this regard, the Ministry of Housing and Urban-Rural Development and other four departments jointly issued a document saying that real estate development enterprises should conscientiously fulfill their commitments, and should not restrict, obstruct or refuse buyers to use housing provident fund loans by raising housing sales prices and reducing price discounts, and should not require or ask buyers to sign a written document voluntarily waiving the right to housing provident fund loans.

Housing accumulation fund is a special fund to solve the housing problem of employees. According to the current relevant regulations, employees who have paid the housing provident fund in full for more than 6 months (inclusive) can apply for individual housing loans from the housing provident fund management center. At present, the personal housing loan interest rate of housing provident fund is 3.25%, which is much lower than that of commercial banks. According to estimates, a personal housing loan with a quota of 6,543.8+0,000 yuan and a term of 20 years can save more than 200,000 yuan in interest expenses compared with personal housing loans of commercial banks, which can effectively reduce the burden on employees to buy houses. However, recently, some real estate development enterprises refused to let buyers use housing provident fund loans, which seriously damaged the legitimate rights and interests of paid employees. To this end, the Ministry of Housing and Urban-Rural Development, the Ministry of Finance, the People's Bank of China and the Ministry of Land and Resources recently jointly issued the Notice on Safeguarding the Rights and Interests of Workers' Housing Loans from Housing Provident Funds (J.Z. [2017] No.246) (hereinafter referred to as the Notice).

The notice stipulates that the housing provident fund management center should standardize the loan business process, reduce the time limit for approval, and complete the approval within 10 working days from the date of accepting the loan application. The entrusted bank shall promptly accept the employee housing provident fund loan application and handle the relevant entrusted loan procedures, and the housing provident fund management center shall strengthen the business assessment of the entrusted bank. It is necessary to disclose the business process, approval requirements, handling location, handling department and time limit of housing provident fund loans, and make it clear in the business outlets. Local housing and urban construction, real estate registration, people's bank and other departments should establish an information sharing mechanism for housing provident fund loan business, so that data can run more, and employees can't run or run less.

The "Notice" clarifies that it is necessary to improve the efficiency of mortgage registration of housing provident fund loans. The real estate registration agency shall, in strict accordance with the relevant provisions, promptly accept the application for mortgage registration of housing provident fund loans and complete the mortgage registration procedures within 10 working days. It is necessary to apply information technology and other technical means to further improve the efficiency of mortgage registration of housing provident fund loans.

The circular requires that the housing and urban-rural construction departments should strengthen the supervision of the real estate market. Real estate development enterprises in the sale of commercial housing, to provide a written commitment not to refuse the purchase of housing provident fund loans, and to be publicized at the real estate sales site. Real estate development enterprises shall earnestly fulfill their commitments, and shall not restrict, obstruct or refuse buyers to use housing provident fund loans by raising housing sales prices or reducing price discounts, and shall not require buyers to sign written documents voluntarily waiving their rights to housing provident fund loans.

The "Notice" proposes to increase joint punishment. Local housing and urban construction departments and housing provident fund management centers should promptly investigate and deal with problems that damage the rights and interests of employees' housing provident fund loans. Real estate development enterprises and sales intermediaries that restrict, obstruct or refuse employees to use housing provident fund loans to purchase houses shall be ordered to make rectification. If the violation is serious and refuses to rectify, it should be publicly exposed and incorporated into the enterprise credit information system, and dealt with severely according to law.

The "Notice" clarifies that paid employees can complain and report the refusal of real estate development enterprises and housing sales agencies to lend housing provident fund through channels such as 12345 citizen hotline and 12329 housing provident fund service hotline. Housing and urban-rural construction departments and housing provident fund management centers should respond quickly and investigate and deal with them in a timely manner according to complaint clues.

The "Notice" requires local housing and urban-rural construction departments and housing provident fund management centers to jointly carry out special rectification actions to refuse employees to use housing provident fund loans to buy houses, and severely crack down on violations by real estate development enterprises and housing sales intermediaries. At the same time, the housing and urban-rural construction departments of all provinces and regions are required to strengthen supervision and inspection.

First, how to solve the problem of cross-regional use? If there is a law, it may not work.