Is the down payment legal?
First, is the down payment loan legal? Of course not. In the Opinions on Strengthening the Management of Real Estate Intermediaries to Promote the Healthy Development of the Industry issued by the Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, the Central Bank, the China Banking Regulatory Commission, the Ministry of Industry and Information Technology, the State Administration of Taxation and the State Administration for Industry and Commerce, seven ministries and commissions stated that they should not provide or cooperate with other institutions to provide illegal financial products and services such as down payment loans, and they should not charge financial institutions or charge commissions in disguise. After the document first clarified the "illegal" nature of down payment loans, a centralized special rectification including down payment loans may begin. The real estate intermediary service agencies closely related to the down payment have also become the protagonists of this special rectification. Second, what is a down payment loan? It is a financial product that provides "loans" to buyers in the down payment stage through relevant institutions of different subjects in the name of loans, so that buyers who have insufficient ability to pay for housing or need capital turnover can reach the down payment ratio of mortgage loans, and then meet the requirements of bank mortgage loans, thus completing the loan purchase behavior. Down payment loan is actually just a popular title, covering a wide range of financial products. Under normal circumstances, some down payment loans are issued by relevant institutions in personal consumption loans and other subjects, and some down payment loan products are the capital penetration of Internet finance companies such as P2P, and many of them are out of the sight of the existing regulatory system. Iii. Operation mode and concept of down payment loan 1. The operation mode "down payment loan" is a real estate internet wealth management product and financing scheme jointly created by Bangrong Wealth Management, high-quality real estate developers and sellers. On the one hand, "down payment loan" provides investors with professional, safe, stable and convenient wealth management products to help their wealth increase; On the other hand, in view of the borrower's demand for housing funds, provide a comprehensive financing plan to help him buy a house easily. 2. Concept major: well-known P2P platforms join hands with high-quality real estate developers and sellers. Security: strict borrower (buyer) access qualification, perfect risk control process and third-party payment platform transaction. Stability: The expected annualized income is stable at 9- 14.4%, and the investment period is 3- 12 months. Convenience: Enjoy the benefits with one click in official website of Bangrong Finance. Ultra-low subscription threshold (from 100 yuan), and the invested projects can be transferred, which greatly improves the liquidity of investors. To sum up, is the down payment loan legal? The answer is illegal. This kind of financial financing channel has impacted the fair and reasonable principle of market transactions to a certain extent, which is inconsistent with the fair principle of civil law. In the field of private law, economic activities that violate the basic principles of civil law are undoubtedly not protected by law. Only fair and reasonable economic activities and their interests that do not violate laws and regulations will be protected by law.