Many owners in Nanhai, Foshan require to check out after receiving the building and obtaining the certificate. The developer responded: impossible.

It is a happy thing to get the real estate license after buying a house, but many owners who bought commercial houses in Wan Yi Square, dali town, Nanhai District, Foshan City think that they were cheated in the process of buying a house and insist that the developer return the house. The representative of the developer said that the sales process was completely legal and compliant. Since the properties purchased by these owners have already completed the online signing, they cannot return a house for a refund.

Wan Yi Plaza Marketing Center is located in dali town, Nanhai District.

I feel cheated by the sales when I buy a house. Many owners ask to check out after getting the real estate license.

Wan Yi Plaza, located in Jianshe Avenue, Huang Qi, dali town, Nanhai District, Foshan City, is located at the junction of Guangzhou and Buddhism, which has attracted many buyers' attention. Mr. Zheng, who works in Guangzhou, is one of them. He bought a 70-square-meter property here in May 20021year and spent 970,000 yuan.

"When I first came here to look at the house, the sales told us that it was an apartment and we could apply for a property right certificate. After the 40-year property right expires, we can renew it one year in advance. " Mr. Zheng said that he decided to buy this property after listening to these introductions of sales.

However, after repossession in 2022, Mr. Zheng found that the purpose of the real estate license was written in the nature of office, and indicated that after the expiration of the land use right, all the land, above-ground buildings and attachments were recovered free of charge.

The purpose and service life marked on the owner's real estate license.

"What if the government department decides that the nature of the office can't live in people, and we all retire? And why does the title certificate say that it will be recovered free of charge after expiration, which makes us completely insecure. " In the face of these remarks on the real estate license, Mr. Zheng is hard to accept, so he hopes that the developer can return a house.

Similar to Mr. Zheng's situation, Ms. Liang, a property buyer, also told reporters that after obtaining the real estate license, she found that the statement of "free recovery in 2053" was different from what she had known before, so she found the developer's sales office several times and asked to check out.

"If I clearly told the defendant that it was taken back for free, I would definitely not choose to buy it." Ms. Liang believes that when signing the purchase contract, the salesperson did not carefully explain the specific terms of the contract to her.

The reporter visited: the real estate sales center has a special notice, and the sales work is normal.

The reporter from Du Nan learned that as a pilot area for the reform of rural collective construction land entering the market, Nanhai officially launched the reform pilot on 20 15, and specially issued the "Trial Measures for the Supervision of Rural Collective Construction Land and Housing Development and Management in Nanhai District of Foshan City" to supervise the development and management of such land and housing. The "Measures" stipulate that for those engaged in housing sales, leasing and other businesses, the development unit shall make a publicity column for rural collective construction land projects in a prominent position in the project sales center to identify and prompt the investment risks of the projects.

165438+ 10 15 On the afternoon, reporter Du Nan visited the Wan Yi Plaza Sales Center in Jianshe Avenue, Huang Qi, dali town, Nanhai District, Foshan City.

As you can see at the scene, there are commercial housing pre-sale billboards and special tips for buying and selling on the wall on one side of the marketing center. In addition, the "Special Notice" is conspicuously printed on a large blue background board. It is stated in the notice that the nature of the plot is rural collective land, and the date of termination of land use right is 65438+February 3, 20531.

On the blue background board of the marketing center, special notices are conspicuously printed.

In the marketing center, several salespeople are communicating with customers. In the signing room, a property buyer is signing a purchase contract, and there are obvious signs on the signing table to indicate property rights.

The developer's response: the information is open and transparent, there is no deception, and the owner's return request cannot be realized.

In the sales center, as the representative of the project developer and the head of the marketing center, Liu Shuhu, a legal person of Foshan Xu He Property Agency Co., Ltd., was interviewed by reporters and responded to the demands put forward by many owners.

Liu Shuhu said that Wan Yi Center, as one of the pilot projects of rural collective construction land entering the market in Nanhai District, had clearly informed the sales department at the beginning of sales, explaining the land nature of the project, informing the citizens who came to see the house that it was a non-residential commercial house, and also put forward the requirement that the sales agent should not conceal the information clearly.

"All risk warnings are made in accordance with strict management regulations, and they are specially displayed in the sales center, as long as the citizens who come to the sales department can see them." Therefore, he believes that there is no case where the owner complains that he is misled and deceived by the sales staff.

At the same time, Liu Shuhu said that every buyer will sign a love letter separately before signing the purchase contract, which will inform the buyer that the purchased property can only be used for office, and the purchase contract will also mark the property rights of the house.

On the signing desk of the marketing center, there is a sign with the words of reminder written on it.

"In love letters and contracts, the office nature of purchasing real estate has been clearly written many times, and it is clear that the property right is only 40 years, and it will be recovered after the expiration. When buyers sign love letters and purchase contracts, we provide enough time and space without interference, and they have enough right to know about the houses they buy. "

In response to the owner's check-out, Liu Shuhu said that since the house purchased by the buyers has been filed in the government functional departments, the real estate license has been handled, and the check-out process has gone beyond the scope of the company, so it cannot be realized.

"If the buyers have questions about the remarks on the real estate license, I suggest that the buyers directly consult the issuing authority and Foshan Natural Resources Bureau."

Writing/Photography: Southern Reporter Trainee Reporter Sun

Extended reading

Retired teacher/KLOC-bought 22 suites in Sanya in 0/0, but failed to get them. The arbitration developer "refused".

China Housing News reporter Chen signed Sanya to report.

"I bought a property in Sanya 13 years, and the developer has always refused to deliver it." 165438+1At the beginning of October, Ms. Ye, 68, held a thick stack of information materials and told them one by one in front of reporters.

At the intersection of Yuya Road and Gouling Road in Sanya City, there is a real estate project called "Domineering"-Royal Ecological Seascape Garden. The initial publicity materials of this project are really good. Built around 2005, this "advanced, noble and classic rich mansion community" originally intended to build thousands of households has now been built with only three small high-rise buildings and about 200 households.

Real scene of Sanya Royal Ecological Seascape Garden. It has been changed to "Sunshine Mountain Bay". Chen Biao/photo

In 2009, Ms. Ye, a retired teacher in Wuhan City, Hubei Province, signed 22 commercial housing sales contracts with the developer of the project, and registered them in the housing management department of Sanya City.

However, the developer denied Ms. Ye's statement, saying that it was only a loan dispute with Ms. Ye, and the "Commercial Housing Sales Contract" signed by both parties was only a guarantee method, not a house sales relationship.

The deadlocked parties were finally settled by arbitration. 20 10, 22 arbitration rulings ruled that the ownership of the house involved was owned by Ms. Ye, and the developer assisted the purchaser in handling the property ownership certificate.

10 years have passed, and Ms. Ye has not yet arrived at the house. At this time, the price of Sanya property market has risen from several thousand yuan per square meter to about 30 thousand yuan per square meter. The factors of rising house prices, or the main reasons that aggravate the contradictions between the two sides. One party asks for real estate, and the other party refuses to hand it over. What is the solution to contradictions and disputes?

This is a typical case, which happened during the recovery of Hainan's property market, and real estate development once again became prosperous. In a sense, the emergence and interweaving of this contradiction reappeared the real scene of real estate development and real estate investment at that time.

"I bought 22 suites in Sanya"

In Sanya, a famous tropical coastal tourist city, Ms. Ye bought 22 properties in the same project.

Ms. Ye told reporters that she was engaged in education in a school in Wuhan before, and 1992 was stationed in Hainan for outreach, so she was familiar with and liked Hainan. After retirement, Ms. Ye started a business in partnership with others and then engaged in financial investment.

"Around 2009, my friends and I went to Hainan to inspect investment projects. In June 2009, I paid the full amount and purchased a property of 1335.26 square meters in Sanya' Royal Ecological Seascape Garden' real estate project, including 22 suites. " Ms. Ye said, "At that time, all the projects were under construction, all of which were forward houses, and the building was built 20 10 years later."

Judging from the "Commercial Housing Sales Contract" provided by Ms. Ye, the unit price of these 22 suites ranges from 4,000 yuan to 7,000 yuan/square meter, all of which are small units ranging from tens of square meters; All the 22 suites are registered in Ms. Ye's name, including 20 sets of "Qinhai Pavilion" and 2 sets of "Haixing Pavilion" in Building B of Royal Ecological Seascape Garden.

"I have negotiated with the developer many times and asked the real estate license to be in my name." Ms. Ye said, but the developer has not assisted in handling the housing property certificate and refused to hand over the house to me.

"At that time, Hainan had not implemented a strict purchase restriction policy, and there were many people who invested in real estate like me." Ms. Ye admitted to reporters that these 22 properties were for investment, and the house price in Sanya was this price at that time. The reporter inquired that the average price of commercial housing in Sanya in 2009 was about 7,000 yuan/square meter.

Because she couldn't get a house, Ms. Ye also decided to settle their dispute through arbitration according to the prior agreement between the two parties. "I won all 22 arbitration cases and applied to the court for enforcement." Ms. Ye said that it has been more than 10 years since she applied for arbitration in February, 20 10, and she has not got a house yet.

Ms. Ye told the reporter that she also complained to various functional departments in Sanya about 22 houses, but replied that the Royal Ecological Seascape Garden had not been completed and accepted, and the relevant departments would not be able to handle the real estate license for her.

Developer: The two parties are in a loan dispute.

Only three small high-rise buildings with about 200 properties have been built in the community. Chen Biao/photo

Recently, the reporter came to Sanya Royal Ecological Seascape Garden to understand the situation. Developers denied that Ms. Ye "bought a house", saying that they and Ms. Ye were only loan disputes, and the commercial housing sales contract signed by both parties was only a guarantee, not a house sales relationship.

165438+1On the morning of October 3, the reporter saw in the Royal Ecological Seascape Garden Community that there were no name signs in the community, some external walls of three completed buildings had been cut off, the corridor facilities were slightly old, and the whole community was deserted. However, some plots around the community are under construction in Gai Lou.

Previously, the project was publicized on the Internet: Royal Ecological Seascape Garden is located in the center of Sanya, and the residential area is a modern high-grade residential area with low density and low floor area ratio, consisting of three small high-rise buildings with advanced elevators on 1 13 floors and 16 detached villas; The noble and classic rich mansion community is a paradise building along the coast of South China and the best choice for living and investing. Its appreciation potential will show a blowout trend, and the only value-added space is the "Royal Ecological Seascape Garden".

In fact, the Royal Ecological Seascape Garden in the "Regal Mansion Community" has only built three buildings and nearly 200 suites.

The reporter learned that the former project developer was Sanya Tian Hong Real Estate Investment Development Co., Ltd., and now it is Sanya Jiao Hong Resettlement Development Co., Ltd.

Mr. Zhang, the main person in charge of the developer, told the reporter that Ms. Ye is a loan dispute with them, not a house sale relationship; Due to various reasons such as funds, the Royal Ecological Seascape Garden project encountered difficulties in the development and construction process and had to be financed externally.

"In October and September of 2009, we borrowed money from her twice, totaling 76 1 1,000 yuan." Mr. Zhang said that Ms. Ye has got a part, and if interest is not included, she still owes her about 4 million yuan.

Mr. Zhang explained that the reason why the loan was not paid off was because there was a problem in the enterprise capital chain, and now there is no money.

"I can't give her a house in this place." Mr. Zhang told reporters many times. Mr. Zhang's speech was euphemistically interrupted by the legal adviser of the developer present, thinking that Mr. Zhang's words were a bit excessive.

Mr. Zhang expressed dissatisfaction with the arbitration agency's ruling, saying that the materials had been submitted through relevant channels.

The arbitration ruled that the developer handed over the house.

According to the records of the arbitral award that is still legally effective, Mr. Zhang's defense was not supported. The reporter learned that as early as the end of February 20 10, 10, Haikou Arbitration Commission made 22 awards on disputes between the two parties.

The applicant, Ms. Ye, said in the award that in order to ensure the better performance of the Commodity House Sales Contract and increase the liability for breach of contract of the respondent Sanya Resettlement and Development Co., Ltd. for overdue delivery, both parties agreed to pay the purchase price by loan.

The developer argued that this case was actually a loan dispute, and the respondent borrowed RMB 76 1 000 from the applicant Ms. Ye twice, in which Ms. Ye also deducted the loan interest in advance, and the corresponding house under construction was only used as a guarantee.

The arbitration tribunal held that the Commodity House Sales Contract signed by the applicant and the respondent was the true intention of both parties, with qualified subject, legal and valid contents and binding on both parties. It is not illegal for the applicant to pay the purchase price to the respondent in the form of lending money to the respondent. The respondent claimed that the relationship between the purchase and sale of commercial housing is the guarantee of the loan contract between the two parties. Because the respondent has no evidence to prove that there is a guarantee relationship between the Commodity House Sales Contract and the Loan Contract, the arbitration tribunal rejected its defense opinion.

Haikou Arbitration Commission made 22 awards on 20 10, 12 and 3 1, confirming that the above-mentioned houses were owned by Ms. Ye; The developer shall deliver the above-mentioned house within 10 days from the effective date of this award, and assist Ms. Ye in handling the property ownership certificate. In addition, the developer should also bear the corresponding expected delivery penalty.

20 12 in may, Haikou maritime court made 22 enforcement rulings, ruling that the developer should handle the real estate license for 22 properties involved and transfer them to Ms. ye's name. At the same time, the court also served a notice of assistance in execution to the Sanya Municipal Bureau of Land, Environment and Resources and the Sanya Municipal Housing and Construction Bureau.

"10 years have passed, and the developer has refused to hand over the house." Ms. Ye said that she reflected this situation to the relevant departments of Sanya City, but the answer was that the community had not completed the comprehensive acceptance and there was nothing they could do.

Mr. Zhang, the person in charge of the developer, made it clear to reporters that Ms. Ye could not be given a house.

165438+1On the afternoon of October 4th, Sanya Housing and Construction Bureau called the developer and Ms. Ye to hold a coordination meeting. The relevant person in charge said that the two sides mainly hold consultations and will submit a written document to the leaders after the coordination meeting. As of press time, things have not yet made the latest progress.