Where is the root of the "sequela" of auction? How to polish your eyes and choose a house? How to cultivate a rational and healthy legal auction house market? On the occasion of "March 15", the reporter launched an investigation with these questions.
"Take a photo of the house. The original owner lives upstairs under construction."
The reporter learned through consulting and analyzing the relevant cases of the referee document network that there are generally the following types of disputes about legal auction houses at present: it is difficult for the original owner to vacate, and my house can't live or live very awkwardly; Buying a French auction house only to find that it needs to pay a lot of taxes and fees; Law auction houses are "disabled": they can't stay at home and go to school.
Recently, a case announced by the People's Court of Pengshui Miao and Tujia Autonomous County in Chongqing showed that on 20 18, Li bought a three-story house through judicial auction and applied for a real estate registration certificate. However, on the roof of the building, there are two brick-concrete houses built by the original owner Li privately, which are illegal buildings.
"Because these two rooms have no title certificate and are not within the auction scope, the other party thinks they still have the right to live here." Li had no choice but to resort to court. After the court ruled that Li demolished two houses on the roof, the buyers were able to decorate and move in.
"This incident exposed the problem that the property of the executed person Hotch Porter is difficult to define during his retirement." Gan Haibin, a lawyer of Beijing Yingke (Hangzhou) Law Firm, said that especially in cases such as house leasing and contracting. Some of the persons subjected to execution renovated or installed facilities during the use of the house, which laid a hidden danger for the subsequent disputes.
The follow-up "large taxes and fees" of auction houses often make buyers unexpected. 20 19 a company in Hangzhou won a property through the online auction platform, and the price was as high as 68 million yuan. However, in the process of property rights transfer, it was learned that the land value-added tax must be calculated according to the method of "liquidation collection", plus other "value-added tax" and "stamp duty", totaling nearly 40 million yuan.
The person in charge of this enterprise said that the information was not clearly disclosed in the original auction announcement, but all taxes and fees arising from the transfer of property rights in accordance with the announcement were borne by the buyer in full. "Such high taxes and fees have seriously exceeded the affordability of enterprises, so the transfer procedures have been delayed until now."
In addition to worrying about taxes and fees, I also intend to tell buyers that due to the complicated accounts of legal auction houses, it is difficult to guarantee the degree and I can only flinch.
Where is the root of the "sequela" of auction?
According to industry insiders, the starting price of general auction houses is 30% off the evaluation price. If it is auctioned, it will be 20% off on this basis. Therefore, compared with new houses and second-hand houses, faster houses may become price depressions; In addition, some cities did not include the auction in the restricted purchase list, which also pushed up the market enthusiasm to some extent.
Alibaba's auction data shows that the number of auction houses has been on the rise since online auction was fully promoted in 20 17, from 242,200 in 20 17 to 474,500 in 20 19.
Interviewed experts and industry insiders said that the proportion of disputes in actual auction houses is not high, but due to the high market heat, large amount of money involved and many binding matters, many disputes are easy to become the focus of public opinion.
-dilemma and difficulty in coordination: the court's execution is facing chronic diseases. The reporter learned that according to the Supreme People's Court's judicial interpretation, the executive court has the obligation to vacate the house. However, in reality, auctioning vacant houses according to law has always been a difficult point for grass-roots courts to implement.
In addition, in judicial practice, the court also faces the situation of auctioning off-site real estate. Subsequent property transfer, buyer's residence, etc. It may be necessary for the court to interface with functional departments in different places. In the actual implementation process, there are difficulties in coordination.
-information is scattered and inexhaustible. In judicial practice, the information involved in legal auction houses is scattered, such as various taxes and fees in arrears, non-judicial disputes, illegal construction and so on. , belonging to the management of many departments.
Gan Haibin said that at present, the situation of "more cases than cases" in the courts is still widespread, especially in the executive departments. A lot of information verification still requires judges to "go to the door"; At the same time, some problems are not recognized by the court, which makes it difficult to fully disclose the information. For example, in some cases such as house leasing and contracting. The person subjected to execution renovated the house under execution and even built a large number of illegal buildings. "Because it involves the substantive rights of the parties, the court has no right to make a determination in the execution procedure."
-The market order needs to be improved. The reporter's investigation found that there are "black intermediaries" in the legal auction housing market in some cities. Under the guise of serving the judicial auction, they collected hundreds of thousands of yuan in deposit from the buyers, and then directly took the money for themselves by handling false real estate licenses for them, or claiming that the house auction failed and the deposit was not refunded, resulting in "empty houses and empty money" for the buyers.
Bao Ledong, the chief lawyer of Shanghai Lanting (Hangzhou) Law Firm, said that in addition, behind the recent hot housing market, the entry of some real estate speculators also affected the market order. "Some illegal house purchases have also spread to the field of legal auction houses. For example, the method of' reverse mortgage': first, take a house with a full loan, then go to the bank to mortgage the house and apply for a corporate loan or a commercial loan. This kind of mortgage interest rate for banks is lower than normal mortgages. "
A healthy and rational market still needs the joint efforts of all parties
In view of the overheating of the auction house market, many cities across the country have recently issued policies to include auction houses in the scope of purchase restriction, which also reflects the local attention and attention to the supervision of the auction house market.
"To improve the auction market, we should further standardize the behavior of all parties. Bidders should choose auction houses with a more rational and prudent attitude, and understand the trading rules and potential risks, such as taxes and fees to be paid. If you encounter professional problems, you can ask legal workers for help. Functional departments should further open up data and eliminate' information blind spots' for buyers. " Bao Ledong said.
In addition, Bao Ledong also suggested that real estate supervision and other relevant functional departments should increase the crackdown on some black intermediaries and illegal real estate speculators to purify the market environment. For example, penalties are imposed for claiming that "only through an intermediary can you legally buy a house", "entrusted by the court" to collect intermediary fees at will, and to use legal purchase to push up the price of second-hand houses around.
The reporter learned that in order to improve the transparency and fairness of judicial auction, Zhejiang Province changed the traditional mode of on-the-spot inquiry by executive judges in the past, and achieved "one-door joint trial" before the auction by opening up cross-departmental data: the court took the lead, and 10 natural resources, taxation, comprehensive administrative law enforcement and other relevant departments conducted detailed verification on various situations of real estate to be disposed of, established a strict pre-trial mechanism, and reduced "problems"
Yan Yuejin, research director of the think tank center of Yiju Research Institute, believes that the cultivation and construction of a healthy and rational market still requires the joint efforts of all parties to return the auction house to the original intention of judicial auction, that is, to dispose of the property of relevant people and safeguard social justice.
"The healthy development of the legal auction housing market will help solve judicial disputes and debt problems. Follow-up should establish a set of departmental linkage management mechanism to truly reduce risks, put an end to speculation, and return to housing attributes. If it is done well, it can also become a housing channel for buyers to solve housing problems. " Yan Yuejin said.