How far is the cancellation of the pre-sale system of commercial housing?
  Frequent sales of off-plan housing have caused complaints and disputes. Hainan has become the first province to sell existing housing

  ● At present, a series of problems such as quality complaints, contract disputes, delayed house delivery, non-implementation of ancillary facilities, illegal sales, and even developers ’collections caused by the pre-sale system of commercial housing have led to frequent complaints and disputes in the real estate industry.

  ● Existing home sales can solve the management risks, consumption risks, social risks, and financial risks brought by the pre-sale, but it will also promote the comprehensive reshuffle of the real estate industry

  ● Existing home sales is a major change to my country ’s current real estate sales model. Without objective and comprehensive analysis of existing home sales and off-plan sales, the implementation of this model should not be “one size fits all”

  □ Reporter Wang Yang

  □ reporter Bai Chuxuan

  Recently, some netizens broke the news that after the Xi’an Xi’an “Tongquetai” real estate developer signed a house purchase agreement with a multi-family owner, the house should have been delivered at the agreed price at the end of 2018. After the legal dispute, the real estate was owned by Haitian Pharmaceutical. Subsequently, Haitian Pharmaceutical, as a real estate developer, raised prices publicly, and it was necessary to repricing the property according to the market price.

  Similar incidents occur from time to time. A series of problems, such as quality complaints, contract disputes, delayed house delivery, and non-implementation of supporting facilities, caused by the implementation of the pre-sale system for commercial housing, led to frequent complaints and disputes in the real estate industry.

  In order to regulate the property market and reduce the risk of home buyers, on March 7, the General Office of the Hainan Provincial Party Committee and the General Office of the Provincial Government issued the "Notice on Establishing the Urban Subject Responsibility System for the Steady and Healthy Development of the Real Estate Market" (hereinafter referred to as the "Notice"), Officially canceled the real estate pre-sale policy and became the first province in the country to implement existing home sales across the country.

  A reporter from the Legal Daily found that although some cities have made various attempts to sell existing homes before, it is the first time that they have been fully implemented within a province.

  There is a view that the existing home sales system can effectively reduce the risk of consumers buying homes, and buyers no longer have to worry about buying a bad house. However, some people think that the abolition of the pre-sale system of commercial housing will reduce the supply of housing and increase the cost of capital use, which is difficult to promote throughout the country.

  The pre-sale system has advantages and disadvantages

  The risks behind need to be avoided

  The so-called current house refers to the commercial house where the developer has completed the production certificate of the house sold. After signing the commercial house sale contract with the consumer, you can immediately check in and obtain the property right certificate. In other words, only a real estate certificate and a land use certificate can be called an existing house.

  There are many advantages of existing homes. One is real and intuitive, you can see the real thing at a glance, and you can see the room type and orientation at a glance. It is the existing house that can avoid the risk of bad buildings.

  The so-called off-plan houses refer to houses under construction, which have not been completed yet and cannot be delivered for use. That is to say, the developer starts from obtaining the pre-sale permit of the commercial house and obtains the property right certificate. The commercial house in this period is called off-plan house. Consumers should sign the pre-sale contract when purchasing the commercial house at this stage.

  my country's commercial housing pre-sale system originated in Hong Kong, and its "layered sales, installment payment" sales method is vividly called "sale of flats."

  In 1983, the Shenzhen Special Economic Zone first launched the concept of pre-sale of commercial housing.

  The Urban Real Estate Management Law promulgated in 1994 formally incorporated the commercial housing pre-sale system into law. In the same year, the former Ministry of Construction issued Order No. 40, promulgating the "Administrative Measures for the Advance Sale of Urban Commercial Housing", which was revised in 2001 and 2004, respectively, and made specific provisions on the conditions for the advance sales of commercial housing.

  According to industry sources, the pre-sale system of commercial housing is closely linked to the development of my country's real estate market. When my country's real estate industry just started, the funds were seriously insufficient, and the proportion of its own funds was even less than 10%. On the other hand, financing channels and financing means are single, and loans from banks are almost the only option for real estate development companies. Therefore, the former Ministry of Construction led the establishment of a pre-sale system for commercial housing. At present, the proportion of pre-sale of commercial housing in major cities in my country is generally above 80%, and even more than 90% in some cities. The pre-sale system of commercial housing has become the main method of commercial housing sales.

  Some experts told the reporter of Legal Daily that the pre-sale system of commercial houses is not only an important basis for maintaining high turnover of real estate companies, but also an important prerequisite for maintaining the high-speed operation of land finance.

  Zhang Qinghua, a lawyer who has been engaged in the real estate business in Wuhan for many years, analyzed that the main advantage of off-plan housing compared with existing housing is the price advantage. The price of developers selling off-plan houses is cheaper than that of existing houses, which seems to be a loss. However, if the financing cost is included, the profit margin of developers selling off-plan houses is actually greater than the profit margin of selling existing houses. "The biggest beneficiary of the pre-sale system is the developer, which directly reduces the developer's development cost and cycle. If the sales cycle of the existing home is two years, then the developer can operate at least 3 properties within two years of pre-sale. That is to say the same For money, you can earn once for existing home sales and 3 times for off-plan sales. "

  However, the hidden problems behind off-plan sales cannot be ignored.

  Liu Junhai, vice president of the Consumer Law Research Society of the Chinese Law Society, believes that pre-sales allow developers to get funds back before completion, thereby speeding up capital turnover, but pass the risk on to home buyers and banks.

  According to the statistics of Shenzhen lawyer Guo Yong, there are three types of commercial housing disputes that are more common and are related to the pre-sale system: one is that the developer sells the house without obtaining a commercial housing pre-sale certificate, and many actions are not under the supervision of the functional department; the second is the pre-sale The contract is inconsistent with the actual area, especially the shared area is smaller than the drawing; the third is the problem of the developer ’s capital chain, the problem of inaccurate grasp of the construction period, etc., resulting in overdue delivery, and the overdue delivery directly affects the purchaser to apply for a real estate certificate.

  "Legal Daily" reporter combed and learned that since the buyer has already prepaid most or all of the housing payment, the developer's motivation to improve the quality of the house to attract consumers no longer exists, which not only leads to repeated housing quality problems, but also leads to postponement , Or even absconding with money. In addition, issues such as contract disputes, developer allocation reductions, bid reductions, non-implementation of supporting facilities, false promises, and illegal sales have caused numerous consumer protection incidents across the country.

  For example, the owner of a “Jinghe Mountain Villa” property in Jinan, Shandong, bought a house in 2014, but encountered a price increase by the developer when handing over the property; Henan Shangqiu Xinhua City Phase II handed over the property for 3 years and has never been granted a property certificate. In addition, there is the case of the Gansu advance payment over 100 million commercial housing disputes and the Nanjing Yingjia Xiangluwan Lanweilou case, etc., which makes consumers cry without tears.

  Pilot existing home sales in multiple locations

  Survival of the fittest accelerates the reshuffle

  On March 7, Hainan Province's "implementation of the existing house sales system" triggered widespread heated discussions.

  The person in charge of the Housing and Urban-rural Development Department of Hainan Province said in an interview with the media that at present, quality complaints, contract disputes, delayed delivery, unsuccessful supporting facilities, non-compliance of sales, and even developers collecting money and running the road caused by the pre-sale system of commercial housing A series of issues have become the most important factor in real estate complaints and disputes. "Therefore, in order to regulate the property market and to reduce the risk of home buyers. It seems imperative to cancel the pre-sale system."

  According to the 315 real estate big data released by Tianyancha, as of the end of 2019, more than 14% of real estate companies in my country have legal litigation records. In 2019, the number of new legal litigation, dishonesty and illegality, executed persons, business abnormalities, administrative penalties, serious violations of law and other judicial and operational risks in the real estate industry were 1.58 million, 69,000, 352,000, and 12.3, respectively. 10,000, 14,200, 13,800.

  Hainan Province clearly stipulates in the "Notice" that, from now on, it will implement new commercial housing for land construction and implement the existing house sales system. According to the regulations, the houses sold in existing houses should pass the completion acceptance and the supporting infrastructures such as water supply, power supply, gas, and communication should be ready for delivery and use.

  Zhang Yunshu, a professor at Anhui University of Finance and Economics, believes that the introduction of existing home sales in Hainan is undoubtedly a good thing for home buyers; but for developers, the first thing they face is that the pressure on capital flow will be further increased. In addition to having strong financial strength, we must also pay attention to the quality of the houses and survive the fittest. Small and medium-sized housing companies will gradually withdraw from the real estate market in Hainan.

  Zhang Yunshu said that the introduction of such a severe "New Deal in the property market" in Hainan is related to its continuous efforts to promote its own industrial upgrading. On April 13, 2018, Hainan proposed the construction of a free trade zone across the island. On April 22 of the same year, Hainan announced a "global purchase restriction." In 2019, the GDP of Hainan Province increased by 5.8%, excluding the real estate industry by 6.3%. The proportion of the service industry increased by 0.9 percentage points and contributed about 75% to economic growth. The contribution rate of 12 key industries to economic growth was 67.3%. The ratio of fixed asset investment to regional GDP fell by 12.4% to 59.6%. Non-real estate investment accounted for 58.4%, an increase of 6.9 percentage points.

  "Legal Daily" reporter learned in an interview that further implementation of the "housing and housing is not speculation" positioning, get rid of dependence on real estate, is also the long-term development of the city's economy. In fact, the nationwide exploration and encouragement to abolish the pre-sale system of commercial housing is far more than Hainan. Prior to this, many cities have issued relevant existing home sales policies or encouraging opinions.

  In 2016, in Shenzhen, the pilot sale of existing homes, Jinmao and Power Construction jointly won the first pilot plot at a total price of 8.29 billion yuan, named Longhua Jinmao House. This is the first and only case in Shenzhen.

  In the same year, Hangzhou, Nanjing, Suzhou and other cities put forward requirements for the sale of existing homes when auctioning land. Among them, Nanjing has sold 67 plots of existing homes from August 2016 to July 2018. Since September 2016, Suzhou has sold more than 130 residential land, of which about 70 require existing home sales, accounting for more than 50%.

  In October 2018, Hefei, Anhui issued the "Notice on Strengthening the Management of Sales of Newly Built Commercial Housing", requiring real estate administrative departments to optimize and simplify the filing procedures and encourage real estate development companies to implement the sales of newly built commercial housing.

  On July 31, 2019, two parcels of land in Chengdu, Sichuan Province were successfully auctioned, and clearly stated in the auction indicators that "100% of existing home sales".

  Beijing lawyer Xiao Dongping said that the sale of existing homes can solve the management risks, consumption risks, social risks, and financial risks brought about by pre-sales, but it will also promote a comprehensive reshuffle of the real estate industry. Small and medium-sized real estate developers are crumbling, and large developers will end the high-turnover model. Developers are slowing down land acquisition and land finance is under pressure. "Over the past few years, although there have been many land parcels sold throughout the country, the scope of canceling the pre-sale system is not large, and under the impact of the epidemic, most cities have turned to cancel the sale of existing houses and return to the old road of pre-sale."

  Housing and housing do not speculate unchanged

  Maintain good market order

  Public data show that as of the end of 2019, there were more than 1.4 million real estate companies in my country. In 2019, the sales area of ​​commercial housing nationwide was 171558 million square meters, and the sales volume of commercial housing was 1597.2 billion yuan.

  For the sale of existing homes, the most "painful" should be housing companies.

  Since the outbreak of the epidemic, policies to stabilize real estate across the country have been intensively introduced. Contrary to Hainan's approach, from February to March, many government-promulgated housing-related policies intensively regulated the property market, and most of them focused on lowering the threshold for pre-sale.

  A government worker in Wuxi, Jiangsu Province, who asked not to be named, said that the situation in various provinces across the country is different. Specific problems should be analyzed in detail. As an island economy, Hainan has a small economy, simple industry, and a resident population of less than 944. Ten thousand, the real estate scale only accounts for 1.2% of the country. "For the sale of existing homes, we can't adopt a" one size fits all "approach. We should encourage local governments to implement policies based on the city under the tone of housing and housing."

  According to incomplete statistics, more than 60 cities across the country have issued relevant real estate market regulation policies under the epidemic, mainly focusing on provident fund policies, land payment mitigation policies, and pre-sale acceleration policies. Prior to this, on February 12, Wuxi and other five places intensively introduced policies; on February 13, Nanjing, Tianjin, Jinan and other places also issued a number of measures in succession; on February 14, Fuzhou also issued 10 measures. These policy measures include reduction or exemption or deferred payment of taxes, deferred or instalment payment of land, adjustment of pre-sale conditions, deferred repayment, etc.

  Following Wuxi, on February 19, the Suzhou Municipal Bureau of Natural Resources and Planning issued a stable real estate policy that aroused widespread concern in the market, because one of the contents of the adjustment of the quotation rules exceeding the market guidance price was interpreted by the market as "Suzhou cancels the capping Sale and cancellation of existing home sales. "

  Shandong followed up. On March 6th, the day before Hainan issued the policy, Shandong Provincial Department of Housing and Urban-Rural Development issued the "Implementation Opinions on Coordinating and Promoting the Prevention and Control of Epidemic Situation and Economic and Social Development in the Housing Construction Area", which requires that the housing construction area be coordinated. Economic and social development work, moderately reduce the pre-sale conditions of commercial houses and the proportion of pre-sale funds supervision and retention.

  On February 17, the central bank responded to the news of "adjustment of real estate credit-related assessment indicators in the macro-prudential assessment (MPA)". Based on the basic principles of city policy implementation, the implementation of the real estate long-term management and control mechanism, coordinated real estate financial control, and promote the stable and healthy development of the real estate market.

  Guo Zeqiang, a professor at Zhongnan University of Economics and Law, believes that recently, many local governments have issued real estate-related support policies, mainly to support the normal operation of enterprises. Relax. Whether it is the implementation of pre-sale of commercial housing or the sale of existing housing, the fundamental purpose should be to maintain a good market order.

  Interviewed experts said that at present, including the Contract Law, the Urban Real Estate Management Law and the "Urban Real Estate Development and Management Regulations", "Urban Commercial Housing Pre-sale Management Measures", "Commercial Housing Sales Management Measures" and other laws, administrative regulations, departmental regulations and local regulations It has made specific and corresponding regulations on the licensing, supervision and civil related legal issues of pre-sale of commercial houses. In other words, the pre-sale is still the sales method allowed in my country's real estate laws and regulations. Now the real estate industry is in a stage of adjustment, and the capital chain is relatively tight. To cancel the pre-sale system and withdraw the off-plan housing, the relevant laws and regulations need to be revised and improved.

  Cartography / Li Xiaojun