It is not allowed to buy a house with a provident fund loan: negotiate with the developer, and the negotiation fails to apply for mediation; If mediation fails, people can resort to it. Buying a house with provident fund loan is a national safeguard measure stipulated by Chinese laws, and no individual or unit may violate the relevant laws and regulations.

legal ground

Article 26 of the Regulations on the Management of Housing Provident Fund

Workers who have paid housing provident fund can apply for housing provident fund loans to the housing provident fund management center when purchasing, building, renovating or overhauling their own houses.

The housing provident fund management center shall make a decision on whether to grant loans within 15 days from the date of accepting the application, and notify the applicant; Where a loan is granted, the entrusted bank shall go through the loan formalities.

The risk of housing provident fund loans shall be borne by the housing provident fund management center.

Article 27

Applicants who apply for housing provident fund loans shall provide guarantees.

What if the developer does not support the provident fund loan in the house purchase loan?

Mr. Zhang took a fancy to a real estate and wanted to borrow money through a provident fund loan with a lower expected annualized interest rate. However, real estate sales staff said that cooperation with CCB does not support provident fund loans because of cumbersome procedures. Mr. Zhang bought the first suite and the conditions for applying for provident fund are also met. How should this matter be solved?

1. Mr. Zhang Can made provident fund loans, and the salesperson's words were very enlightening.

For developers, there is no essential difference between provident fund loans and commercial loans, mainly on the bank side. The procedures of provident fund loans are indeed more troublesome than commercial loans, and for banks, the benefits of provident fund loans are less than commercial loans (if nothing else, the expected annualized interest rate of provident fund loans is much lower than that of commercial loans, and the expected annualized interest rate of commercial loans can still rise), so banks definitely hope that customers can make commercial loans.

As for whether customers use provident fund loans or commercial loans, this is their own right. Developers and banks have no right to interfere and refuse customers to use provident fund loans (provided that you meet the conditions of provident fund loans). If the developer cooperates with the bank when buying a house, and the bank says that the provident fund loan is not for the benefit, you can completely choose to change the loan bank and approve the provident fund loan. Therefore, if you meet the conditions of provident fund loans, and the developer cooperative bank insists on not giving provident fund loans, you can completely change to another bank. In addition, you can also complain to the local banking regulatory bureau.

2. The developer and the bank are only cooperative, and Mr. Zhang is free to choose the loan bank.

Which bank the developer cooperates with does not mean that the developer specifies that the buyers must borrow from the bank. It just means that there will be people from cooperative banks in the sales center of the developer, and customers don't have to go to the bank outlets to go through the formalities themselves, which can save some trouble, that's all.

If you don't want to borrow from the developer's cooperative bank, go out and borrow from the bank yourself. Upon completion, the bank will pay the loan to the developer as the purchase price. To put it bluntly, it is to borrow money from banks to buy a house. After the loan arrives, the developer has paid the full amount (the down payment plus the bank loan should be equal to the total purchase price), so the developer should give the house, and the buying and selling relationship between Mr. Zhang and the developer will be over. What is left is the loan relationship with the bank. As long as the bank is repaid monthly, the loan relationship of paying off the principal and interest will be over. Provident fund loans and commercial loans have the same meaning, except that provident fund loans can be repaid by withdrawing provident fund every year or every month. Mr. Zhang Can takes the annual withdrawal of provident fund to offset loans and early repayment of commercial loans as a meaning, but the source of funds is the balance in the provident fund account and the cash in the hands of the buyers themselves.

3. If Mr. Zhang has already paid the deposit, the approval for buying a house has also come down, and the temporary loan bank is required to make a provident fund loan. The developer said that the refund will be deducted from the liquidated damages. How to solve it?

Mr. Zhang didn't say that he wouldn't buy this house, so it doesn't involve breach of contract, and there can't be a clause in the contract that can't use provident fund loans. So there is no problem of checking out. Mr. Zhang only needs to find the local banks that have the authority to apply for provident fund loans (generally speaking, the four major state-owned banks and Bank of Communications have the authority to apply for provident fund loans), and clearly tell them that they want to apply for provident fund loans, and the rest of the procedures are basically banks. As for what materials need to be provided, Mr. Zhang should at least provide the ID number, provident fund account number and inquiry password, and specifically ask the bank.

What if the property is not allowed to use the provident fund?

With regard to the problem of developers refusing provident fund loans, in March 2065438+2008, five departments, including the Center and the Municipal Housing and Construction Bureau, jointly issued relevant documents, and development enterprises shall not refuse, obstruct or restrict employees from using provident fund loans. According to the document, those who apply for the pre-sale certificate of real estate should go through the formalities of filing and entering the provident fund center within 10, and the registered real estate should be applied by the employees after signing the purchase contract. If the development enterprise has the above situation, it can report to the provident fund center of the place where it is filed. Legal basis: Article 2 of People's Republic of China (PRC) Social Insurance Law The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance. To ensure citizens' right to receive material assistance from the state and society in accordance with the law in cases of old age, illness, work injury, unemployment and maternity. Article 3 The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development. Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.