Status: The down payment is controversial.
Type keywords such as "down payment, house purchase dispute" in Baidu search, and there will be tens of thousands of related news; The search scope has been narrowed to Dongguan, and the news officially seen in the media this year has reached hundreds.
A judge of the First People's Court of Dongguan said that in recent years, disputes caused by developers' down payment accounted for about one-fifth of the total number of private lending lawsuits accepted by the court.
Yesterday, reader Ms. Yuan told reporters that at the end of last year, she went to consult after seeing the advertisement of "down payment 10% to buy a house" in the downtown area, and learned that the developer's marketing could advance 20%. For a house with a total price of 380,000 yuan, Ms. Yuan paid 38,000 yuan and signed a loan agreement of 76,000 yuan with the developer. In addition, Ms. Yuan applied for a commercial loan of more than 260,000 yuan, with a monthly repayment of 5,560 yuan. As a single lady with a monthly income of only 6,000 yuan, Ms. Yuan found her decision a little hasty after paying back the money for several months. A year later, Ms. Yuan stopped repayment and the house was auctioned by the bank for 320,000 yuan. After paying off the loan, she lost 60 thousand yuan.
Tang Shengli of Guangdong Weibao Law Firm believes that there is only one kind of buyers who enjoy the down payment from developers, that is, they are sure of their income expectations in the coming year and are eager to buy a house to revitalize their funds. In addition, there is no need to take this risk.
Phenomenon: Intermediaries mislead buyers for performance.
For Mr. Zhang's purchase experience, the reporter found in further interviews that it was not unrelated to the "persuasion" of the real estate sales staff that led him to make a wrong decision and eventually fell into economic difficulties. Mr. Zhang said that when he was looking at the house, at first an ordinary salesperson introduced him to the operation process of down payment. He later learned that this person is a staff member of an intermediary company. While hesitating, the manager of the developer Liu appeared. Liu described to him a plan to spend a small amount of money to run the villa and then revitalize the capital flow.
The reporter learned that this is not uncommon in the real estate sales industry. In order to make achievements as soon as possible, some salespeople strive for various opportunities within the company and use the advantages of mastering professional knowledge and being familiar with industry regulations and laws to convince people who are interested in buying a house.
Some media in Dongguan have disclosed that when an intermediary company sells a house, in order to successfully complete its business, it personally "acts as an agent" to help buyers pass the bank loan review without some documents. As a result, the buyers finally ate their own fruit, not only losing their credit qualification, but also losing a deposit.
The housing management department has repeatedly punished some intermediary business behaviors that do not meet the standards. Last year and this year, Dongguan Housing Authority announced that some intermediary companies were not listed for business, misleading property buyers, operating without a license, and charging arbitrary fees.
Judge: It is very difficult to handle down payment disputes.
When referring to the above disputes, the materials disclosed by the First People's Court of the city summed up several characteristics of this kind of cases: First, the developer lent the down payment to the buyers in his own name, such as the employees of a real estate company. After the disputes arose, the employees filed a lawsuit in the court in his own name. Dongguan Liaobu 16 down payment dispute, the plaintiff is the same person, and this plaintiff is a manager of a real estate company. Secondly, the plaintiff's loan procedures are complete and the materials are complete. It can be seen that this is the consistent practice of developers to promote sales, and they will hardly lose in disputes. Finally, borrowers are mostly home buyers or second-home buyers with weak down payment ability. These people are foreigners who don't have a fixed job or income in Dongguan, and it is often difficult to contact them, or even not, and it is very difficult to execute the trial.
A real estate researcher who didn't want to be named believes that, on the surface, the developer's down payment has helped buyers solve a lot of financial problems, allowing more people to realize their dream of buying a house in a short time. In fact, this practice hides huge potential risks. Due to the long repayment period, the possible harm caused by this phenomenon will generally be exposed after one or two years. It can be speculated that the more people buy houses with down payment, the more disputes will inevitably appear in the next year or two.
The summary of the case of Dongguan No.1 Court also mentioned that the above problems urgently need the attention of relevant departments.
(The above answers were published on 20 15- 10-30. Please refer to the current actual purchase policy. )
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