Nanjing Jinling yasongju real estate violates the rule of "encircling money" and the intention money is difficult to refund
it is not uncommon to collect the intention money in violation of the rule without receiving the sales license in Nanjing real estate market. However, it is easy to pay money and difficult to refund money. Some real estate projects refuse to refund customers who have not selected housing sources after the opening. Jinling yasongju, located on Daguang road in Nanjing, was exposed by the Yangtze Evening News (see the A9 edition of the Yangtze Evening News on January 15 for details) after it received a building sales permit but pushed only one unit of "hunger marketing", Recently, someone said, "sage is a mediocre who is willing to work hard and once again encountered complaints from home buyers. Mr. Liu, a citizen, told me that he has paid the intention money for half a year, and it has been more than three months since the first opening, and he has not got back his 50000 yuan. People in the real estate industry said that the real estate market is keen to receive the intention money, which is mostly" encircling money ". As for the developer's failure to pay back the intention money, the lawyer said that consumers can file a lawsuit and recover the interest loss
without receiving the sales license, Mr. Liu told the Yangtze Evening News that he saw the sales display of Jinling yasongju in the Shangri La Hotel at the beginning. Xiao Wang, a real estate consultant, told him that the house was very popular. If you want to buy the house you want, you'd better pay 5 shocks in advance and use the wind path switching method to import the temperature into the test area. The 10000 yuan intention gold will be listed first, so that you can get the right to choose the house first when the market opens, And can enjoy a certain discount. If you don't buy it, it doesn't matter. You will return the intention money in full in time
Mr. Liu thought that the money could be refunded anyway, so he took out his bank card without hesitation and swiped 50000 yuan. At that time, the real estate consultant only gave him a receipt. Here I want to say one and a card of Shangri La Hotel. "The real estate consultant told me that the developer of Jinling yasongju is Hong Kong Kerry construction, which belongs to the same group company as Nanjing Shangri La Hotel." Mr. Liu told him that he paid the house purchase intention on August 18 last year. According to the inquiry of Nanjing shangreal estate, the pre-sale license number of one building and three buildings launched by Jinling yasongju for the first time is ningfangxiao No. W, and the approval time is September 25th, 2015. In other words, the developer has already collected the purchase intention from the customer without obtaining the pre-sale license
it has been more than three months since the opening, and the money has not been returned.
last October, Mr. Liu finally waited for the official opening of Jinling yasongju. But after seeing the model house, Mr. Liu felt that there was a certain gap with the original propaganda of the developer, so after considering it, he decided not to buy it
Mr. Liu originally thought that since there was an agreement in advance, after he decided not to buy a house, the developer would soon be able to return his 50000 yuan intention to his bank card. Unexpectedly, it took more than two months to know that the customer had to apply for the refund. In December last year, Mr. Liu formally applied for a refund through Xiao Wang, a real estate consultant. This time, the developer took away the agreement signed by both parties in the name of the need to handle the refund procedures. Since then, Mr. Liu began to wait for a long time
"as soon as I am free, I will contact the real estate consultant, but the real estate consultant either said that the refund needs the signature of the leader, or said that the money has not been approved. Anyway, there are many reasons why I have to wait, and there is never a clear time limit for the arrival of the account. When I was asked to pay the money that day, it was so easy, but now I have to get the money back, which is so troublesome." Mr. Liu is very dissatisfied with this. In the twinkling of an eye, the intention money has been handed over to the developer for half a year, and it has been more than three months since the opening. The money has not been returned, which makes him unacceptable. "As far as I know, there are at least 20 people like me who don't want to buy a house after paying the intention money. Everyone, like me, was' locked up 'after paying the money." Mr. Liu said regretfully
the real estate is keen to receive the intention money, mostly for "encircling money"
it is learned that at present, many real estate projects in Nanjing will receive the earnest money or intention money for house purchase before the opening, which is generally 50000 yuan, with an additional amount of 500000 yuan. After paying the earnest money, it means that the buyer has the qualification to choose a house at the opening, and can enjoy the corresponding preferential discounts. If no suitable housing source is selected after the opening, the developer will refund the earnest money within a certain period of time according to the agreement of both parties
however, it should be pointed out that the premise for developers to collect earnest money must be that they have received a pre-sale license. According to the relevant provisions of the administrative measures for the sale of commercial housing in Nanjing, commercial housing projects that have not obtained the pre-sale license shall not charge the buyer or charge in disguised form fees of the nature of deposit and reservation money by means of subscription, reservation, number arrangement, VIP card issuance, etc. Jinling yasongju obtained the license in September last year and collected money in August, which itself has been suspected of violating regulations
an agent who has been engaged in real estate sales for many years revealed to him that there are two main purposes for the real estate market to be keen on collecting earnest money. One is "encircling money". If the developer collects 50000 yuan of earnest money per suite, if 500 people get the number, the developer can occupy the sincerity of the buyer without interest before it is sold. In the future, the developer needs to be more cautious about overseas investment in injection molding machines and modified plastics. The interest of 25million yuan is a considerable income, You can also have money to go through various procedures before opening; The second purpose is to "lock in customers". Developers can provide basis for the final pricing of real estate according to the amount of earnest money paid, reduce risks and maximize profits. In addition, they can rely on asymmetric information and prolong the opening time to create false hot sales of real estate
developers can file a lawsuit against consumers for delaying payment.
Yangzi Evening News learned that although consumers arrive immediately when they pay, the refund time is generally relatively long. At present, the regulations for the refund of earnest money in each real estate are different, ranging from a few working days to 30 working days
a professional lawyer in real estate said to that although there is no definition of earnest money or intention money in law, developers collect earnest money, consumers voluntarily pay it, and sign a queuing agreement with developers to agree on the nature and purpose of earnest money. A contractual relationship is established between the two parties, and the contract is binding on both parties. When the consumer proposes to terminate the contract, the developer has the obligation to return it, otherwise it will constitute a breach of contract. If the developer refuses to return or delays in returning, the consumer may bring a lawsuit to the court to require the developer to return the earnest money and pay interest
the lawyer also reminded the buyer not to listen to the developer's commitment of timely and full refund, and the time limit of refund should be clearly agreed in the agreement of paying earnest money