How Did House Prices Get Pulled Up?
Why do people who really want a house can not buy a house from a developer, plus a one hundred thousand or eighty thousand premium, which can be bought immediately by intermediary companies?
"Why do people who really want a house to buy a house from a developer, add one hundred thousand or eighty thousand of the" premium "to the intermediary companies can immediately buy it?
Shanghai Hubei law firm Fan Zhongxing and other 3 lawyers sued a real estate developer for the "equal purchase right".
This is the first case of housing purchase right advocated by Shanghai.
Although the case is still inconclusive, it has aroused people's discussion.
Shanghai's real estate industry and the legal profession believe that a series of violations show that the real estate market does exist collusion between developers and intermediaries, collusion to drive up the phenomenon of housing prices.
This behavior is exactly the same as the "market place" in the stock market.
The stock market manipulation market is guilty. Should the housing market manipulate prices be punished?
In the end of 2004, Fan Zhongxing and two colleagues were informed that Yuan He Invests Building in Shanghai will be opened, and many developers contacted and left no more than three times to the scene at the end of.
In December 24, 2004, Fan Zhongxing and others first got a telephone call. They received the invitation letter from the sales office before 20 p.m., and bought the letter the next afternoon.
On the afternoon of 25, Fan Zhongxing, who queued for 75, was told that 120 houses were sold out.
According to the provisions of Shanghai commercial housing sales, developers should not sell before the official opening, all pre-sale contracts must be recorded on the "real estate resource network".
25 on the evening of 8 o'clock, Fan Zhongxing found from the Internet, the property has sold 20 houses, and 100 remaining sets are "currently available for sale".
"There are so many surplus, why do we say we sold out?"
Fan Zhongxing found developers theory, but the request for housing was rejected again.
Until the fifth day after opening, Fan Zhongxing found that there were still 4 houses available for sale on the Internet, so he applied to the court for online seizure.
The "online registration and registration of commercial housing sales contracts in Shanghai" stipulates: "any commercial housing that is available for sale on the Internet is not allowed to be rejected by the real estate developer if it is requested by the purchaser."
Fan Zhongxing and others used developers to "postpone the notice and make use of the method of time sharing to conceal the true situation of sale", and to prosecute developers on the grounds of malicious deprivation of their equal purchase rights.
At present, the Hongkou District court of Shanghai has accepted the case of "housing purchase right" without precedent.
The real estate market is too big and unfair.
For example, the 9 floor of the yuan he mansion was bought on the day of December 25th. The payment methods on invoices and orders were all "promissory notes". On the 25 day, it was Saturday. All banks in Shanghai did not open promissory notes at weekends.
It can only be explained that the house was privately ordered before opening or after two days.
What makes Fan Zhongxing depressed is that people who really want housing can not buy houses directly from developers, but intermediary companies are peddling them: as long as they add money, they can buy any housing.
How did house prices rise?
It is not just Fan Zhongxing who is gloomy.
In an interview with reporters, Zhang Menghua was still resentful about the black market experience a month ago.
In late December 2004, the WAN Bang City Garden opened by Shanghai Wan Bang enterprise group opened.
"I went to queue three days in advance, and I changed jobs with family members in the daytime and the night, and I slept in the 39 place in the winter. I wanted to buy a wedding room."
Zhang Menghua said, until the opening day, he was told that "sold out".
When he and many white queues "room friends" from the real estate network found that there are more suites available for sale, the sales staff also used "for the project" on the grounds of refusal to sell.
At the same time, they received a call from an intermediary company: as long as they pay more than 100 thousand yuan of "consultation fees" (without any written evidence), they can buy the city garden house.
Where did the house come from?
What is even more surprising is that in the deposit contract signed by Wan Bang city garden, many information is falsely appalling: the price of the same house varies by several hundred thousand yuan; the ID card numbers of the buyers are varied; there are 13, 11, 9 and 5 figures; and the residence of the buyers is even more absurd.
Zhang Menghua's complaint was finally verified by the Shanghai real estate trading center.
According to the investigation, Wan Bang company collated the real estate agents such as Zhuo Group real estate brokerage company to collate the false information and make the intermediary company as a virtual "buyer", and set up a high price false contract on the Internet, so as to drive up the price and cause the real buyers to catch up.
Intermediary to get tens of thousands of Yuan "intermediary fee", developers to pull up housing prices.
Once the purpose is reached, the developer will change the original false contract in the 7 days.
"At that time, the intermediary said that as long as about 100000 flowers, people can take the sales office to the back door to buy a house."
A home buyer has left a card from the "Shanghai Pu run real estate consultant Co., Ltd. Changning branch", which was sent to him by the intermediary. It was written with the words "26F (Lou) 2, 140 square meters, + 180 thousand", with the words "12, 13F, 137 square meters, + 170 thousand" on the back.
The idea is that if you want to buy such a house, you must give the intermediary seventeen yuan or eighty thousand yuan outside the contract price.
The customary trilogy is: let the intermediary first hire the laborers queue up in the week before opening the market and create a tense atmosphere; then, at the beginning of the sale, some of the houses are signed by the virtual customers of intermediary or internal staff at a high price of 10% to 20% higher than the declared price; the intermediary price is the "benchmark", and the selling price of the real buyers is queued up to raise the price; at that time, the real buyers begin to hold up the "hooked", buy from the intermediaries at a high price or increase in price, and then a "herd effect" occurs in the buyers, causing a large number of panic buying; developers begin to ship a large quantity of goods, and the houses in the intermediary hands also take advantage of the opportunity. A real estate developer who asked not to be named said that developers were manipulating housing prices.
When most of the listings are sold out, developers will revoke the high priced contract when they are "acting" on a variety of grounds.
Shanghai real estate resource network shows that the high rate of cancellation of many real estate contracts is astonishing: 499 houses of a real estate have been sold 1707 times, the contracts have been revoked 1238 times, 86 houses have been sold 349 times, and the contracts have been revoked 310 times.
The higher the contract price, the higher the contract revocation rate.
According to one agent, experience has shown that about 1 of the percentage is due to technical factors such as record errors, and in addition to speculation.
Is it necessary to punish the property market?
Recently, the Shanghai housing and land resources administration has decided to cancel the qualification certificate for real estate development of Shanghai Wan Bang Enterprise Group Limited, and to request the business administration department to cancel its real estate development and operation business.
However, some economists and legal personages believe that the criminal law should be used to crack down on the behavior of raising prices and manipulating the market, otherwise it will not be able to stabilize the property market. The real estate dream of the middle and low income groups will be farther and farther away.
Dr. Yin Zhongli, a Financial Research Institute of the Chinese Academy of Social Sciences, believes that developers' false sales, false information, and the behavior of making profits and profits around the house price are exactly the same as those in the stock market. They constitute the crime of manipulating the market in the criminal law.
Yang Chenguang, lawyer of Shanghai Hui Ye law firm, said that developers and intermediaries jointly manipulated the price and manipulate the market through insider trading. They violated two laws: one is the 225th provision of the criminal law, that is, "violating state regulations and disrupting market order. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. They shall also be liable to a fine of more than one time or more than five times the illegal gains; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined more than five times the illegal gains or confiscated property."
The two is the fourteenth chapter of the second chapter of the price law, which colluded with each other and manipulated market prices for unfair price behavior.
He advocated that the responsible persons of the real estate enterprises involved in the manipulation of prices be punished.
Fang Xiangyong, a lawyer from Shanghai Office of Guo Hao lawyer group, believes that it is imperative for the government to implement the cost plus reasonable profit ceiling price for real estate prices, monitor the cost of the developers, and let the real estate developers get the profits that the society can bear and tolerate.
At the same time, tax and financial leverage should be used to curb excessive housing demand and alleviate the shortage of supply.
"Only with multi pronged approach will the home ownership become closer."
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