Measures for the supervision of pre-sale funds of commercial housing in Fujian Province

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The supervision of pre-sale funds of commercial housing refers to the third-party supervision of pre-sale funds of commercial housing by the real estate administrative department in conjunction with the bank, and the real estate development enterprises must deposit the pre-sale funds into the special supervision account of the bank. Next, the small series of the network has compiled some knowledge about this for everyone. The supervision of pre-sale funds of commercial housing refers to the third-party supervision of pre-sale funds of commercial housing by real estate administrative departments in conjunction with banks. Real estate development enterprises must deposit the pre-sale funds into the special supervision account of the bank, which can only be used for the construction of this project, and shall not be withdrawn or used at will. (Pre-sale payment of commercial housing refers to the purchase payment (including deposit, down payment, follow-up payment and mortgage payment) paid by the developer to the purchaser who sells the commercial housing under construction according to the commercial housing sales contract. The industry believes that the supervision of pre-sale funds has become the focus, indicating that government departments are increasingly strict with the supervision of developers. This regulatory measure aims to prevent funds from being used for other purposes, resulting in unfinished buildings. Once the pre-sale funds are not used for other purposes, some developers may quickly push or promote because of the tight capital chain and withdraw funds as soon as possible. House prices are expected to fall again, which is naturally good news for buyers. The developer's capital chain is broken, and even the money runs away, which leads to the unfinished property. What is bitter is the buyers who have paid hard-earned money or life savings. Strict supervision of the advance payment of commercial housing to prevent developers from misappropriating it privately can effectively reduce the risk of uncompleted residential flats. The Measures for the Supervision of Commercial Housing Pre-sale Funds in Shandong Province (hereinafter referred to as the "Provincial Supervision Measures"), which will be implemented on March 1, will put a "tight hoop" on developers' use of pre-sale funds. According to the supervision measures, the pre-sale funds of commercial housing will be supervised in the whole process in the future, and the funds will be earmarked for special purposes. Only when the project progress reaches the corresponding node can developers apply for the proportional use of supervision funds to protect the legitimate rights and interests of buyers. According to the provincial supervision measures and the Measures for the Supervision and Management of Pre-sale Funds of Commercial Houses in Jinan City (hereinafter referred to as the "Jinan Supervision Measures") which came into effect on March 16, 2006, all the house payment paid by the developer for the pre-sale of commercial houses, including down payment, house purchase loan and other forms of house payment, should be deposited into a special supervision account opened by the supervision bank for special purposes. Supervise the whole process of pre-sale funds, from obtaining the pre-sale permit to obtaining the comprehensive acceptance of the completion of the development project or the filing certificate of comprehensive acceptance in stages. The provincial regulatory measures clearly stipulate that when a developer applies for a pre-sale certificate, he should select the corresponding commercial bank from the list of regulatory banks published by the real estate authorities (Jinan is the Municipal Urban and Rural Construction Committee, the same below), apply for opening corresponding regulatory accounts in one or more properties according to the pre-sale certificate, and sign a tripartite regulatory agreement with the competent authorities and regulatory banks. The pre-sale of houses shall inform the buyer of the pre-sale supervision regulations, and publicize the supervision bank, supervision account and other information in a prominent position in the sales office, and make it clear in the pre-sale contract of commercial houses. Without a supervision account, the real estate department shall not issue the Pre-sale Permit for Commercial Housing. This means that if the regulatory account is not opened in accordance with the requirements of the regulatory measures, developers will not be able to pre-sell commercial housing normally. The Jinan version of the regulatory measures further proposes that the competent government departments will control the online signing area of developers according to the integrity of the development enterprises in the previous year, and the first online signing area only accounts for 30% of the pre-sale permit. If the advance payment deposited in the supervision account does not reach the key supervision quota, it shall be accounted according to the need to reach the key supervision quota, and the corresponding online signing area shall be released; After reaching the key supervision quota, the pre-sale permit area will be fully liberalized. Developers who violate the rules will also face corresponding penalties. Those who fail to deposit all the advance payment into the supervision account as required, evade supervision in disguise, fail to use the advance payment as required, provide false materials and violate the supervision measures or the tripartite supervision agreement will be ordered to make rectification within a time limit and recorded in the credit files of enterprises and employees. If the circumstances are serious, the online signing may also be suspended and subject to corresponding administrative penalties. According to Jinan's regulatory measures, if a developer fails to deposit the advance payment into a special regulatory account in time, provides false certification materials to apply for reducing the amount of key supervision, or commits other illegal acts, he will be held accountable and recorded in the record of bad behavior; Construction and supervision units that provide false certificates or assist developers in other ways to defraud and reduce the key supervision amount of pre-sale funds will also be held accountable according to law. In contrast, the punishment of the provincial version of the supervision law is more detailed and clear. After all the advance payment is deposited in the supervision account, can the developer still move the money in the account? If it can be used, what conditions are needed and according to what standards? The provincial and municipal regulatory measures have clear provisions on this. The above is the relevant knowledge compiled by Bian Xiao for everyone. I believe you have a general understanding through the above knowledge. If you encounter more complicated legal problems, please visit the website for online consultation with lawyers.