Shaanxi Commercial Housing Pre-sale Management Measures
In accordance with the relevant provisions of the Administrative Measures for the Pre-sale of Urban Commercial Housing (OrderNo. 13 1No.) and the Notice on Further Strengthening the Supervision of the Real Estate Market and Improving the Pre-sale System of Commercial Housing (No.[20 10]53), our city issued a notice on 20 1/kloc- In order to further improve and perfect the supervision means, improve the supervision level and enhance the supervision effect, our bureau will start the fund supervision network system to carry out supervision work from 20 1 1 year1month 2 1 day. The relevant matters are hereby notified as follows:
First, commercial banks must use the fund supervision network system to carry out the fund supervision business when undertaking the newly approved fund supervision business of commercial housing pre-sale projects.
2. Before starting the pre-sale of commercial housing, real estate development enterprises should sign a supervision agreement on pre-sale funds of commercial housing (hereinafter referred to as the supervision agreement) with commercial banks (hereinafter referred to as the supervision banks) that have gone through the network authentication in our bureau, and set up a special account for the supervision of pre-sale funds of commercial housing (hereinafter referred to as the supervision account).
Three, supervision account should be based on the project construction scale, construction plan and pre-sale permit, according to the project or building establishment, the implementation of "special account collection, earmarking, closed management".
4. Pre-sale funds of commercial housing, that is, all the purchase funds (including down payment, down payment, purchase loan, etc.) paid by the purchaser to the real estate development enterprise according to the contract shall be deposited in the supervision account, and the development enterprise shall not set up other accounts to store the pre-sale funds of commercial housing.
Five, in addition to the purchase loan applied by the purchaser directly transferred to the supervision account by the loan bank, the purchase money payable to the real estate development enterprise shall be directly paid to the supervision account by the purchaser.
Six, real estate development enterprises in the sale of a refund, you can apply to the regulatory bank for a refund, and provide relevant certification materials and the purchase account number. After examination and confirmation, the regulatory bank will return the relevant funds to the purchaser by transfer.
Seven, the supervision bank should focus on the supervision of the funds needed for the construction of the supervision project, and the amount of funds for the key supervision should be dynamically managed according to the total amount of funds needed for the follow-up project.
The pre-sale funds in the supervision account must be used for the follow-up project construction before the supervision project reaches the completion and delivery conditions, and shall not be used for other purposes. After the project has reached the conditions of completion and delivery, the balance of account funds should meet the needs of supervising the initial registration and transfer registration of house ownership of the project.
Pre-sale of commercial housing, also known as pre-sale of houses and pre-sale of uncompleted flats, refers to the real estate transaction behavior in which real estate development enterprises and buyers agree that the buyers will pay a deposit or advance payment and own existing houses at a certain date in the future. Its essence is the purchase and sale of housing futures, which is only a futures contract of housing. It and the sale of finished houses have become two main forms of housing sales in China's commercial housing market.
Procedures for pre-sale of commercial housing
According to Article 8 of the Measures for the Administration of Pre-sale of Urban Commercial Housing, the pre-sale permit of commercial housing shall be handled according to the following procedures:
(1) Acceptance. The development enterprise shall submit relevant materials in accordance with the provisions of Article 7 of these Measures, and the real estate management department shall issue a notice of acceptance on the spot; If the materials are not uniform, it shall inform the materials that need to be supplemented in writing on the spot or within 5 days.
(2) review. The real estate management department shall examine whether the relevant materials provided by the development enterprises meet the statutory conditions. The development enterprise shall be responsible for the authenticity of the substantive content of the submitted materials.
(3) permission. Upon examination, if the application of the development enterprise meets the statutory requirements, the real estate management department shall, within 10 days from the date of acceptance, make a written decision on approving the pre-sale of administrative license according to law and send it to the development enterprise, and issue and serve the "Pre-sale Permit for Commercial Housing" to the development enterprise within 10 days from the date of making the decision. After examination, if the application of the development enterprise does not meet the statutory requirements, the real estate management department shall make a written decision not to grant permission according to law within 10 days from the date of acceptance.
(4) publicity. The decision made by the real estate management department to approve the pre-sale permit of commercial housing shall be made public and the public has the right to consult it.
In addition, within 90 days from the date of delivery of the pre-sold commercial housing, the successful bidder shall go through the ownership registration formalities with the real estate management department and the land management department of the people's government of the city or county according to law. The development enterprise shall provide assistance and provide necessary supporting documents. Here, I would also like to remind everyone to pay attention to reviewing the relevant documents of the developer, so as to avoid that the house they bought cannot be started due to lack of formalities. In addition to checking the relevant documents, they should also go to the county-level land administrative department where the development project is located to check the ownership registration status of the land where the pre-purchased commercial house is located, so as to prevent the land from being mortgaged, thus preventing their rights from being realized.
To sum up, we can see that the relevant legal protection system in China is not perfect at present, and the contents of many contracts need to be added or modified by the buyers themselves, and the sale of commercial housing involves professional legal issues. It is best to take precautions in advance and consult a professional lawyer or ask a lawyer to accompany you to sign the contract before viewing the house to reduce the risk. At the same time, it is necessary to raise awareness of rights protection when buying a house, and learn some relevant knowledge in buying a house by yourself, so as not to fall into the trap dug by the developer.
(The above answer was issued on 20 13-07-29, and the current relevant housing purchase policy should be based on the actual situation.)
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