Many owners in Nanhai, Foshan asked to check out after taking possession of their buildings and obtaining certificates. The developer responded: Impossible

After buying a house, it is a happy thing to successfully repossess the property and obtain the real estate certificate. However, many owners who purchased commercial houses in Wanyi Plaza, Dali Town, Nanhai District, Foshan City, think that they are in the process of buying a house. I was deceived and insisted on asking the developer to check out. Representatives from the developer stated that the sales process was completely compliant and legal. Since the online signing and registration of the properties purchased by these owners had already been completed, they could not check out or get refunds.

Wanyi Plaza Marketing Center located in Dali Town, Nanhai District

Believing that they were deceived by sales when purchasing a house, many owners requested to check out after obtaining the real estate certificate

Wanyi Plaza, located on Huangqi Jianshe Avenue, Dali Town, Nanhai District, Foshan City, is located at the junction of Guangzhou and Foshan, so it has attracted more attention from the public who buy houses. Mr. Zheng, who works in Guangzhou, is one of them. In May 2021, I bought a 70-square-meter property here for 970,000 yuan.

“When we first came here to look at houses, the salesperson told us that it was an apartment and we could apply for a property ownership certificate. When the 40-year property rights expired, we could renew the contract one year in advance.” Mr. Zheng said that he was I decided to purchase this property after listening to these sales introductions.

However, after repossessing the building and obtaining the real estate certificate in 2022, Mr. Zheng discovered that the purpose of the real estate certificate stated that it was of an office nature, and a note: After the land use rights expired, the land and the buildings on the ground, attached All belongings were recovered free of charge.

The purpose and period of use are marked on the owner’s property certificate

“What if the government department determines that the office is uninhabitable and evicts us all? And why does it say on the property ownership certificate? After the expiration date, the property will be taken back for free, which makes us feel that there is no guarantee at all." Faced with these remarks on the real estate certificate, Mr. Zheng found it difficult to accept, so he hoped that the developer would check out.

Similar to the situation of Mr. Zheng, the home buyer Ms. Liang also reported to reporters that after receiving the real estate certificate, she discovered that the sentence "recovered without compensation in 2053" was different from what she had previously understood, so many This time I found the developer's sales office and asked to check out.

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

Reporter visit: The real estate sales center has a special notice and the sales work is proceeding normally

Nandu reporters learned that as a pilot reform area for rural collective commercial construction land to enter the market, Nanhai has been in the market since 2015. The pilot reform was officially launched, and the "Trial Measures for Supervision of Rural Collective Commercial Construction Land and Housing Development and Operation in Nanhai District, Foshan City" were specially issued to supervise the development and operation of such land and housing. The Measures stipulate that if it involves house sales, leasing and other operations, the development unit should make a rural collective construction land project information bulletin board in a conspicuous position in the project sales center to identify and prompt project investment risks.

On the afternoon of November 15, Nandu reporters went to the Wanyi Plaza Sales Center located on Huangqi Jianshe Avenue, Dali Town, Nanhai District, Foshan City for an on-site visit.

It can be seen on site that there is a commercial housing pre-sale notice board and special purchase and sale tips on the wall on one side of the marketing center. In addition, the "Special Notice" is printed eye-catchingly on a large blue background board. The notice states that the land is for rural collective use and the land use right will expire on December 31, 2053.

The "Special Notice" is printed prominently on a large blue background board in the marketing center

In the marketing center, many sales staff are communicating with customers. In the signing room, a home buyer is signing a house purchase contract, and there is an obvious property rights notice on the signing table.

Developer’s response: The information is open and transparent, there is no deception, and the owner’s request for check-out cannot be realized

In the sales center, as the representative of the project developer and the person in charge of the marketing center, Xuhe, Foshan City Liu Shuhu, the legal person of the Property Agency Co., Ltd., accepted an interview with reporters and responded to the demands raised by several owners.

Liu Shuhu said that Wanyi Center, as one of the samples of rural collective commercial construction land in Nanhai District, had clearly made a special notice in the sales department when it started selling, stating that The nature of the land of the project informs citizens who come to view the property that this is a non-residential commercial property, and the sales agent is also required to clearly inform the situation and not conceal it.

“All risk warnings are prepared in accordance with strict management regulations and are specially displayed in the sales center. Citizens who come to the sales department can see them.” Therefore, he believes , the owner’s complaint that he was misled and deceived by the salesperson did not exist.

At the same time, Liu Shuhu said that every home buyer will sign a separate informed letter before signing a home purchase contract. The informed letter will inform the home buyer that the property purchased can only be used for office purposes. , the property rights status of the house will also be specially marked in the house purchase contract.

There is a sign with reminder words on the contract signing table in the marketing center

“In the information letter and contract, it was clearly stated many times that the office nature of the property purchased was 40,000 yuan. years, it will be taken back after expiration. We will provide sufficient time and space for home buyers to sign the information letter and purchase contract, and they will have enough information to understand the condition of the house they purchased. ”

In response to the owners' demands for check-out, Liu Shuhu said that since the houses purchased by the buyers have been registered online with the government departments and the real estate certificates have been processed, the check-out process has gone beyond the scope of the company. Therefore, Unable to achieve.

"If the home buyer has any questions about the remarks on the real estate certificate, I suggest that the home buyer directly consult the issuing authority, Foshan Natural Resources Bureau."

Writing/Photography: Nandu reporter Li Peng trainee reporter Sun Zhenling

Extended reading

Retired teacher bought 22 houses in Sanya but has not received them for 10 years, and the developer "does not approve" the arbitration handover

中Real Estate News reporter Chen Shishio reported from Sanya

“I have been buying real estate in Sanya for 13 years, and the developer has always refused to deliver it.” In early November, 68-year-old Ms. Ye held a thick stack of situation report materials. , recounted 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 with a "domineering" name - Royal Ecological Seaview Garden. The original promotion copy of the project was indeed very desirable. This "high-level, noble and classic wealthy residence community" was built around 2005 and was originally intended to be a "high-end, noble and classic wealthy residence community" with thousands of units. Now it has only three small high-rise buildings with about 200 units.

The actual scene of Sanya Royal Ecological Seascape Garden. It has now been changed to "Sunshine Mountain Bay". Photo by Chen Shishio

In 2009, Ms. Ye, a retired teacher from Wuhan, Hubei Province, signed 22 "Commercial Housing Sales Contracts" with the developer of the project by "paying the purchase price by borrowing money." It has been registered with the Sanya City Housing Management Department.

However, the developer denied Ms. Ye's statement, saying that the relationship between them and Ms. Ye was just a loan dispute, and the "Commercial Housing Sales Contract" signed by the two parties was only a form of guarantee, not a house sales relationship.

The two parties were in a stalemate and finally sought a solution through arbitration. In 2010, 22 arbitration rulings concluded that the ownership of the house involved belonged to Ms. Ye, and the developer assisted the home buyer to apply for the house title certificate.

More than 10 years have passed, and Ms. Ye still hasn’t asked for the house. At this time, housing prices in the Sanya property market have risen from several thousand yuan per square meter to about 30,000 yuan per square meter. Rising housing prices may be the main reason for exacerbating conflicts between the two parties. One party wants the real estate, but the other party is unwilling to hand over the property. How to resolve the dispute?

This is a typical case that occurred during the recovery period of Hainan's property market and real estate development is once again heading towards prosperity. In a sense, the emergence and intertwining of this contradiction reproduced the realistic scene of real estate development and real estate investment at that time.

“Bought 22 houses in Sanya”

In Sanya, a well-known tropical coastal tourist city, Ms. Ye bought 22 houses in the same project.

Ms. Ye told reporters that she had previously been engaged in education at a school in Wuhan. In 1992, she was sent to Hainan by her employer to engage in external relations, and she was familiar with and liked Hainan. After retirement, Ms. Ye co-founded a business and later also engaged in financial investment.

“Around 2009, my friends and I were inspecting investment projects in Hainan. In January 2009, we paid the full price and purchased 1,335.26 square meters of real estate in Sanya’s ‘Royal Ecological Seaview Garden’ real estate project. *** is the 22nd suite. "Ms. Ye said, "The project was under construction at the time, and it was all off-plan. The building was completed in 2010. "

From the "Commercial Housing Sales Contract" provided by Ms. Ye. Look, the unit price of these 22 apartments ranges from more than 4,000 yuan to more than 7,000 yuan per square meter, and they are all small apartments ranging in size from dozens of square meters. The 22 apartments are all registered under Ms. Ye’s name. Among them, Royal Ecological Seaview Garden B The building "Haiqin Pavilion" has 20 units and "Haixing Pavilion" has 2 units.

“I have negotiated with the developer many times, requesting that the house ownership certificate be issued to my name.” Ms. Ye said, but the developer has not assisted in applying for the house ownership certificate, and has refused to hand over the house to the owner. into my hands.

“At that time, Hainan had not yet implemented strict purchase restriction policies, and there were many people like me investing in real estate.” Ms. Ye admitted to reporters that these 22 properties were used as investments. At that time, Sanya’s housing prices were That's the price. The reporter inquired and learned that the average price of commercial housing in Sanya City in 2009 was about 7,000 yuan/square meter.

Because she could not get the house, Ms. Ye also decided to resolve the dispute through arbitration in accordance with the prior agreement between the two parties. "I won all 22 arbitration cases and applied for court enforcement." Ms. Ye said that more than 10 years have passed since she applied for arbitration in December 2010, and she has not yet received a house.

Ms. Ye told reporters that she also complained to multiple functional departments in Sanya City about the 22 houses. However, the reply stated that the Royal Ecological Seaview Garden has not yet been completed and accepted, and the relevant departments will not be able to do so. She issues real estate title certificates.

Developer: The two parties are involved in a loan dispute

Only three small high-rise buildings and about 200 properties have been built in the community. Photo by Chen Shishio

Recently, reporters went to the Royal Ecological Seaview Garden in Sanya to learn about the situation. The developer denied Ms. Ye's "house purchase" and said that the relationship between them and Ms. Ye was just a loan dispute. The "Commercial House Sales Contract" signed by both parties is only a form of guarantee, not a house sales relationship.

On the morning of November 3, the reporter saw in the Royal Ecological Seaview Garden Community that the community had no name sign, some of the outer walls of the three completed buildings had been detached, and the aisle facilities were slightly outdated. The whole neighborhood was deserted. However, construction is underway on some plots around the community.

Previously, the project was promoted online saying: Royal Ecological Seaview Garden is located in the heart of Sanya City. The community consists of 3 small high-rise buildings with 11-13 floors with high-end elevators and 16 independent villas. A modern high-end community with low density and low floor area ratio; a noble and classic rich residence community. It is a paradise real estate on the coast of South China. It is the best choice for residence and investment. Its appreciation potential will be exponential, dozens of times. The only value-added space is the "Royal Ecological Seaview Garden".

In fact, the Royal Ecological Seaview Garden of the "Rich Mansion Community" has only built three buildings and nearly 200 units so far.

The reporter learned that the previous project developer was Sanya Tianhong Real Estate Investment and Development Co., Ltd. and is now Sanya Hongjiao Resettlement Development Co., Ltd.

Mr. Zhang, the main person in charge of the current developer, told reporters that Ms. Ye’s dispute with them was a loan dispute, not a house purchase and sale relationship; the Royal Ecological Seaview Garden project encountered difficulties due to various reasons such as funds during the development and construction process. When faced with difficulties, we had to seek financing from the outside world.

"In January and September 2009, we borrowed a total of 7.61 million yuan from her in two installments." Mr. Zhang said that he had already repaid Ms. Ye part of it, and if the interest is not included, the debt is still owed. She has about 4 million yuan.

Mr. Zhang explained that the reason why the loan was not repaid was because there was a problem with the company's capital chain and there was no money now.

“It is impossible for me to give her a house in this place.” Mr. Zhang told reporters many times. Mr. Zhang’s remarks were tactfully interrupted by the developer’s legal counsel present, who believed that Mr. Zhang’s words were excessive.

Mr. Zhang expressed dissatisfaction with the award made by the arbitration institution and said that he had submitted materials through relevant channels.

The arbitration ruled that the developer should hand over the house

According to the arbitration award that is still legally binding, Mr. Zhang’s defense was not supported. The reporter learned that as early as the end of December 2010, the Haikou Arbitration Commission issued 22 awards on disputes between the two parties.

In the award, the applicant Ms. Ye stated that in order to ensure better performance of the Commercial Housing Sales Contract and increase the liability for breach of contract of the respondent Sanya Hongjiao Resettlement Development Co., Ltd. for overdue house delivery, the two parties negotiated , the purchase price will be paid by borrowing.

The developer argued that this case was actually a loan dispute. The respondent borrowed 7.61 million yuan from the applicant Ms. Ye in two installments. Ms. Ye also deducted the loan interest in advance, and the corresponding loan was under construction. The building is only used as a guarantee.

The arbitral tribunal held that the "Commercial Housing Sales Contract" signed by the applicant and the respondent was the true expression of intention of both parties, the subject was qualified, the content was legal and valid, and it was binding on both parties. It is not illegal for the applicant to pay the respondent the purchase price in the form of a loan to the respondent. The respondent claimed that the commercial house purchase and sale relationship was a guarantee of the loan contract between the two parties. Since the respondent had no evidence to prove the existence of a guarantee relationship between the "commercial house purchase and sale contract" and the "loan contract", the arbitral tribunal did not accept its defense.

On December 31, 2010, the Haikou Arbitration Commission issued 22 awards, confirming that the ownership of the above-mentioned house belongs to Ms. Ye; the developer will deliver the above-mentioned house within 10 days from the date of the award taking effect and assist Ms. Ye applied for the property ownership certificate. In addition, the developer should also bear corresponding liquidated damages for expected delivery, etc.

In May 2012, the Haikou Maritime Court issued 22 execution rulings, ruling that the developer should apply for property ownership certificates for the 22 properties involved and transfer them to Ms. Ye’s name. At the same time, the court also served enforcement assistance notices to the Sanya Municipal Land, Environment and Resources Bureau and the Sanya Municipal Housing and Urban-Rural Development Bureau.

“More than 10 years have passed, and the developer has been unwilling to hand over the housing.” Ms. Ye said that she reported this situation to the relevant departments of Sanya City, but the reply she received was that the comprehensive acceptance of completion of the community had not yet been carried out. There is nothing they can do.

Mr. Zhang, the person in charge of the developer, made it clear to reporters that it was impossible for him to give Ms. Ye a house.

On the afternoon of November 4, the Sanya Municipal Housing and Urban-Rural Development Bureau convened a coordination meeting with the developer and Ms. Ye. The relevant person in charge said that the two parties will mainly focus on consultation, and a written material will be produced and submitted to the leadership after the coordination meeting. As of press time, there has been no latest progress on the matter.