purchase 6 years but can not get real estate license, the original developer of taxes to be diverted, to win the lawsuit or can not get real estate license. Reason is that the developer is too much bad or not as relevant? Why real estate long and incomprehensible chaos?
2010 年 8 months of the day the United States who lives in Chaoyang District, the owners of natural power blocks Xiaowei heart of a large stone was finally off the ground: in the waiting 6 years later, she finally got should have belonged to her real estate license.
deed and maintenance of public funds was misappropriated
Xiaowei: I was in 2004 Beijing Mei Sheng developers real estate development limited liability company also clearly requires the owner to pay a sum of money, said deed and the maintenance of public funds, and then to get the key. Developer explained, only pay the deed tax to the state and maintenance of public funds, housing authorities will be to handle the real estate license. Because many Azeri community, a housing authority of a running a busy, so the owners are generally commissioned by the developer group of running. Side of the staff responsible for collecting money receipt side, said: I heard this
practical, and ever since has been honestly waiting for developers to help me as soon as possible to run down the card.
Wang Fujiang: Xiao Wei's real estate license in the process of handling, the first misunderstanding is the deed and the maintenance of public funds to cross with people. According to the provisions of the deed of land, transfer of ownership of their houses to withstand a tax levied by the current This money should be handed over to tax authorities, rather than developers.
Housing maintenance of public funds is the public part of residential buildings and shared facilities, equipment repair and maintenance fund. collection of maintenance funds transferred to the administrative departments of local property management escrow. Since 1998, Beijing began to impose maintenance of public funds, the money payable to the maintenance of public funds management center in Beijing.
in my dozens of agents for the Beijing accused the U.S. Real Estate Development Co., Ltd. Sheng's real estate license case, the developer has yet to property owners apply for permits as a major reason is that developers use Banfangchanzheng submitted on behalf of the name of the deed, through the collection and maintenance of public funds to raise a sum of money, but not submitted to the relevant department of the money on time, but diverted to other real estate development projects up.
the real estate industry, this is actually a very common phenomenon in the final analysis is the result of institutional problems. The current state of regulatory control developers to get in early, the start, pre-sale permits, etc., once the developers get the land, In fact, the tax laws should be withheld subject to strict qualification examination, and developers to withhold even the deed tax collection and public-dimensional behavior of no authority, no one is monitoring,
tods, which the interests of the owners created an extremely significant damage. Government departments should pay attention to this issue, the right to cancel the collection of developers, urging the owners directly after the purchase deed and public dimension to the country, do not only safeguard the interests of owners, but also to prevent the loss of state tax .
developers to repeat the mortgaged my house
Xiaowei: I, ah, etc., can not wait until the developer has been to me for real estate license. Numerous experiences of finding the results of the staff did not negotiate. During the developers also had to re-pay our material, and I pay on time. Under the purchase contract, real estate developers to deliver within 180 days can not be used for real estate license, it should bear 2% paid back the principal penalty. So, I will developers Beijing Mei Sheng Real Estate Development Co., Ltd to court.
2007 年 9 months, I got the verdict in favor of it! Beijing Chaoyang District People's Court sentenced the developer within 60 days after the commencement of the decision process for my real estate license, and pay my penalty. I was glad that bad, can finally 拿到房产证 it!
be a lawyer told me the bad news: the original house to do my real estate license can not be another reason is that developers in the house after the sale, you must first go through the whole building ownership certificates (commonly known as certificates of title), and then re-apply for permits by large property owners of the property rights of every card. But the developers will sell me the house after the turn made a big bank mortgage title certificate. As long as developers do not have the mortgage canceled, I can not handle this house ownership certificates. Not only that, if the developer does not repay a malicious, banks and even the right to my house up for sale to repay debt owed by the developer!
It was a thunderstruck news!
Wang Fujiang: In judicial practice, the developer of repeated mortgage, a house to sell more profitable and other malicious acts have occurred. In theory, once signed a housing contract for the sale, the owner is shifted, then developers have no right to dispose of this housing. However, due to the lack of supervision, for the sake of the interests of developers do not get taken to punish wrongdoing. Maxon Real Estate Development in Beijing Co., Ltd., for example, the developer in May 2004 has signed a housing contract for the sale and Xiaowei, but in the case of the latter in turn houses without the knowledge to do a mortgage, up to 10, 2008 months before cancellation charge. This practice violates my client's home ownership. Also, repeat the mortgage bank to accept the Housing staff also bears the fault of dereliction of duty and even abuse of power, and its developers in the review process of collateral responsibility is not fulfilled, leading to duplication of mortgage, the occurrence of revolving loan, and its behavior to the bank brings its own potential risks. For this phenomenon, the bank itself can only depend on self-discipline, lack of supervision of relevant departments, should arouse the concern of the departments concerned.
Yingliaoguansi also perform not
Xiaowei: October 2008, lawyers told me that my house has been mortgaged off, you can apply for a real estate license! Soon, my case was submitted to the Chaoyang District People's Court of the implementation of the court,
tod's scarpe uomo, responsible for the implementation of the judge told me, pressing his hands a lot of real estate license from the US-Sheng lawsuit, up to now not execute down. He also undertook to negotiate with the developer as soon as possible, as soon as we 拿到房产证.
said this decision has effect from the judgments passed a year-long 60 days! My real estate license is still unfunded. I realized that the original Yingleguansi is one thing, execution is another thing!
responsible for my case to the judge every Tuesday morning reception party. I can not remember how many times in the end run the implementation of court, just remember every time I go, always be a long corridor of the team, everyone is the same as in the hospital waiting to see a doctor, patient and stood helplessly outside the room talking waiting for the people inside out, and then repeat the last has been said into the case, listening to repeat the last answer, the judge: >
helpless, really helpless,
polo ralph lauren!
Wang Fujiang: The reason why owners can not get real estate license, one of the reasons is that for real estate license must have a co-developer. Currently under the provisions of maintenance of public funds needed to pay the developer to produce a bar code, otherwise I am unable to pay the owners. To the Housing Authority for the property permits, the developer must also be present. This gives developers the full initiative to have the capital to blackmail the owners, property owners likely to suffer. Suggested that the state real estate license regulations of relevant departments should give more consideration to the interests of owners, once the housing contract for the sale into effect, the owners pay the deed tax directly to the relevant departments and public dimension, and have to go to housing authority property rights registration, no longer subject to the developer constraints.
In addition, Xiao Wei as early as 2004 had to pay the deed tax and public dimension, and developers until 2010 to pay the money to the departments concerned, such acts of misappropriation. Under these provisions, diversion of tax filing should be recovered by the tax authorities, but the main diversion of the public dimension of law enforcement, our country had not been defined, I hope the departments concerned to the relevant policies as soon as possible. From 2004 to 2010, Beijing's housing prices have turned a good itself, if Xiaowei time 拿到房产证, house prices in 2009 rose to more than 20,000 per square meter when the sell-off, and now when the prices come down and betrayed Prices vary greatly, she can report thereon to the developer sued for recovery of losses.
Maxon in my agent's real estate license for the case of the defendant, Daxing District, more than 30 cases 美利新世界 perform more smoothly, developers soon after the court decision after another for the owners to apply for a real estate license . However, this dynamic neighborhood, but the United States more than 40 family owners, but not with the courts to enforce judgments obtained through real estate license. It makes me feel I was surprised, why the same case, the district court in the implementation of the different court, the difference is so big? If the law simply because of geography, because individuals have such a big difference, really scary.
bring cards, again the developer to pay 5,000 yuan
Xiaowei: change is happening the end of 2009, the judge told me that developers promise, as long as the cross-5000 money to be given priority to me for real estate license.
It was Did not give me Banfangchanzheng developers should pay a penalty, but now they ask me to pay them! And when submitted to 300 dollars already paid outside USA, which counted 5,000 What sort thing?
but the arm is thigh. Lawyers told me, in front of the owners have pay to do the card. If you hurry to pay to do, do not worry if only dry Hao Zhao.
after the Spring Festival this year, I paid in 5000 to several other money do the owners of the card after confirmation, but also sent money to developers. Pay later were told several materials. Until early August, the developers finally let me to pick a real estate license!
I finally received a long absence, the developers at the red this. Rush was shocked to read the above date: August 2010 × day. Deed and public dimension also got the invoice, it is only in hand in August 2010. Leading real estate license, the developers also let me in a special