A real estate in Beijing has not been handed over to the owner for 10 years to live in ＂semi-finished products＂ (Figure)
"China Economic Weekly" reporter Cao Xu-Beijing report
(This article was published in the 23rd issue of China Economic Weekly in 2016).
Whether it’s money or energy, Wu Yu, the owner of the Green Holiday Community in Daxing District, Beijing, has spent all his money. Although he is not a real "owner" in a strict sense, the house he bought eight years ago has not yet been delivered.
There are about 150 owners who have been "trapped" like Wu Yu, and some even waited for more than 10 years. In reality, there are many examples of developers delaying delivery, but the owner’s failure to take over the house after 10 years of buying it really happened in Wu Yu’s community, which has a poetic name: Green Holiday.
After paying the house payment, it is still "semi-finished" after waiting for 10 years.
In 2008, Wu Yu paid the house payment. "At first it was a grass contract, and later it was changed to a commercial housing contract." According to the contract, he should become the owner of the green holiday no later than 2012.
In 2013, Wu Yu, who was waiting for no hope, simply renovated the house and "forcibly stayed" in the green holiday. Because there is no acceptance of the delivery, there is no natural gas and heating in the community, and there is no municipal electricity. "I really can’t live in winter, and I moved out again."
In the long wait, the owners and developers have long been in the same boat. The forum of Green Holiday Community on a real estate BBS has been a "history of blood and tears" of owners’ rights protection since 2006. Posts with such titles as "Asking the Municipal Construction Committee to save the victims from fire and water, and solving the victims from hanging upside down" and "Daxing’s most cattle developer, how come no one cares" abound. Wu Yu said that some owners went to ask for a statement, smashed the sales office under excessive pressure, and were also detained.
An owner expressed the voice of this group of people on the Internet: "We deceived buyers have a history of buying houses that we can never forget. Choosing the green is tantamount to entering a dark bottomless pit! Some of our house purchases rely on our life savings; Some rely on friends to gather together; Some are selling houses and rushing to buy and then renting houses; Some people have to rent a house to get a loan and pay the principal and interest of the loan. How painful it is to watch their new house unable to move in! How tragic! "
At the beginning of June, 2016, the reporter of China Economic Weekly came to the Green Holiday Community. The plot of this project is long, including villas and ordinary residential buildings. According to the developer’s public information, the first phase of the project covers an area of 8 hectares with a building area of 85,044 square meters, mainly including houses, shops and offices (apartments). The land used in the second and fourth phases is 38 hectares, and 550,000 square meters of TOWNHOUSE and garden-style houses are developed.
The reporter saw through the fence at the project site of the villa area that due to years of uninhabited, the courtyards of some villas were overgrown with weeds and in a mess, some glass was broken all over the floor, windows were damaged, and some roads were dilapidated.
Photo by Xiao Yi, chief photojournalist of the 89-square-meter suite "China Economic Weekly" visual center, which was urgently sold after consultation between the owner and the developer.
In sharp contrast to the "rough" environment of the community, the security personnel entering the community are "rigorous". After many efforts, the reporter of China Economic Weekly finally entered the green holiday villa community as a housekeeper. The reporter saw that the supporting facilities such as roads in the community have not yet been built, and a salesperson received the reporter.
On the south side of the project, two buildings under construction are covered with scaffolding and green woven nets, and a few workers are working in them. The salesperson said that this is a commercial body built by two developers.
When the reporter asked whether it was possible to buy a house at present, the person said: There is something wrong with the procedures now, and I can’t sell it, and you can’t buy it. When the reporter asked when the supporting facilities could be built, the person said: Because there is a "nail house" in the project that has not been moved, the power sector still can’t get electricity, so it can only receive temporary electricity. The source also said: the developer is responsible, otherwise why pay the owner liquidated damages? And now property fees are paid by developers.
The explanation of the sales staff has no credibility in the eyes of the owners. "Pay the property fee? Natural gas can’t pass, cable TV and heating can’t pass, and elevators can’t be used. Is there any property? " Wu Yu said with a little excitement, "Have you ever seen a villa owner buy a gas tank himself?"
Different from the deserted villa area, many residents’ vehicles have been parked in the residential building of Green Holiday. The reporter learned that residential buildings have been built, including building 7, building 5 and building 3. Most of the houses in these three buildings have been pre-sold, and Wu Yu’s home is among them. "Everyone doesn’t want to live in this condition, but where do you live?" He looked helpless.
There is a trap in the contract. Check out at the original price?
When the reporter visited around the green holiday as a housekeeper, a boss who opened a store next to the community reminded the reporter, "It is best not to buy it. The house procedures here are very messy and there are lawsuits."
According to the netizen who signed "Green Holiday Owner" as early as October 2011, "some owners signed cooperative housing agreements with developers; Some owners and developers signed a formal purchase contract; Some owners only have a receipt for prepaid house payment. "
The netizen also said that the Beijing Municipal Commission of Housing and Urban-Rural Development and Daxing District Commission of Housing and Urban-Rural Development and other competent departments have also coordinated with the developers many times. "Finally, on May 18, 2011, the Daxing District Government and the Beijing Municipal Commission of Housing and Urban-Rural Development made a decision to supervise and require the developer to hand over the house and solve all remaining problems on August 31, 2011. However, the developer’s decision to the government is only a superficial commitment. "
As early as March 2014, some media reported on the Green Holiday Community. It was reported that after the owners defended their rights, the developers agreed to pay liquidated damages on a daily basis according to one ten thousandth of the paid house price, but there was no clear reply on when to hand over the house. At that time, Xu Xiaoming, the project leader of the residential developer, repeatedly stressed in an interview: "We actually communicated with the owner about the delay in delivery, and everything was done in accordance with the pre-sale contract of commercial housing."
According to feedback from many owners, one of the contract clauses of the developer about the responsibility of late delivery of the house is "negotiated settlement, but the buyer has the right to return the house", or "negotiated settlement, if negotiation fails, the buyer returns the house without further investigation".
Many owners are caught in the current "deep trap" because they ignore this article. "I heard that someone can check out at 20,000 yuan per square meter after receiving the notice from the developer, but this standard has not been able to buy a house nearby, let alone check out at the original price of buying a house." Wu Yu added, "Even if you check out, you must see the money first, otherwise what if the house is returned and you don’t get the money?"
Wu Shaobo, a partner of Beijing Wu Shaobo Law Firm, who has long been concerned about real estate disputes, said in an interview with China Economic Weekly: From a legal point of view, the status quo of green holidays is rather embarrassing. "The whole project cannot operate normally at present, and the owner’s house belongs to ‘ Freeze ’ It is difficult to move forward. From the perspective of check-out, after more than 10 years, the trade-off of interests is more complicated. "
In Wu Shaobo’s view, the appreciation of housing after 10 years is a market behavior, not an inevitable appreciation behavior. Whether to support this expected income is still a controversial issue in judicial practice. "Whether developers have the ability to pay is also a problem."
The developer’s pre-sale certificate has expired five times in a row.
"Have you ever seen a project that has not been handed over for 10 years? Have you ever seen a developer who signed a contract and sold a house in half without giving an invoice? Have you ever seen a developer who fails to pay compensation for breach of contract, pushes back the delivery date year after year and signs a supplementary agreement year after year? Have you ever seen a developer who is supervised by the Housing Construction Committee and writes a guarantee to the Housing Construction Committee but never implements it? If you are always missing, you will always threaten the owner. If you complain, you will not give it to the developer of your house. Have you seen it? "
On Sohu Focus Real Estate Online, an anonymous person commented on the developer of Green Holiday, Beijing Aoaoshenke Real Estate Development Co., Ltd. (hereinafter referred to as "Aoaoshenke"), and the person quipped, "If you have seen these situations, it is estimated that you have never encountered a situation where all the situations are concentrated on one developer. Now such developers let us meet. "
Beijing Enterprise Credit Information Publicity System shows that Aoshenke was established in November 2000 with a registered capital of 10 million yuan, and its legal representative is Xie Jiali. Several interviewees told China Economic Weekly that Xie Jiali is a Hong Kong citizen and Xu Xiaoming, the person in charge of the green holiday project, is her husband.
It is worth noting that the "historical information of contribution" of the Olympic Games shows that apart from the paid-in contributions of three natural person shareholders, namely Han Xiaozhao, Xu Xiaoming and Ren Fengying, there is also a "corporate shareholders" who is Beijing Jiaxingyuan Real Estate Development Center with a contribution of 100,000 yuan.
A person familiar with Daxing Real Estate told the reporter of China Economic Weekly that Beijing Jiaxingyuan Real Estate Development Center has a government background and participated in the early commercial housing development in Daxing District. The former head of the center later served as the head of a functional department in Daxing District, Beijing.
What makes the Olympic Games first division questioned most is that its pre-sale certificate has expired for five consecutive times. According to the information on the website of Beijing Municipal Commission of Housing and Urban-Rural Development, Olympic Games Xianke successively obtained five "Pre-sale Permits for Commercial Houses" in the name of Green Holiday and Green hua she, and the time span was from December 2005 to January 7, 2011.
The addresses of the above five pre-sale certificates are all located in Songzhuang Village, Huangcun Town, Daxing District, and the information marked under the pre-sale certificates all says, "The period of pre-sale permit has expired, and the unsold houses cannot be signed online for pre-sale contracts. The building of the project needs to apply for initial registration, and after obtaining the property ownership certificate, it can sell the existing home and sign the existing home contract online. "
A real estate analyst said, "The expiration of the pre-sale certificate means that the project has basically reached the completion acceptance conditions. If it is overdue and fails to ‘ Cash transfer ’ Either the project may have an unfinished problem, or there is a problem with the quality of the building, which leads to the failure of acceptance, or the project violates the plan. "
According to the internal report of China Xinxing Baoxin Construction Corporation, which undertakes the Green Holiday Commercial Housing Project, the relevant departments fully affirmed the work of the project department. "On September 17, 2014, a joint law enforcement brigade composed of environmental protection, urban management, fire protection, health, quality supervision station, public security and Huangcun town government in Daxing District of Beijing went to the project site to carry out joint law enforcement inspection, and the project department successfully passed the joint inspection."
The real estate asset management plan almost defaulted.
In the second half of 2013, Aoushenko, which has received the purchase money from the buyers for many years, but failed to deliver the house on time, began to continue financing through the real estate asset management plan.
In September of that year, Cinda Aussie Fund Management Co., Ltd. was a wholly-owned subsidiary — — Cinda Emerging Wealth (Beijing) Asset Management Co., Ltd. (hereinafter referred to as "Cinda Emerging Assets") initiated "Cinda Emerging Assets — Beijing Olympic Green Holiday Real Estate Investment Special Asset Management Plan (hereinafter referred to as "Beijing Green Asset Management Plan") has raised 350 million yuan with a term of 18 months. The capital investment is "the special plan funds will be entrusted to the borrower Beijing Olympic Green Holiday Real Estate Development Co., Ltd. through the bank for the subsequent development and construction of its first-phase project".
The risk control measures of the plan disclosed by Cinda Emerging Assets include: the first mortgage of land, with a valuation of about 820 million yuan, and the overall mortgage rate is not higher than 50%; Equity pledge of the project company; When necessary, the property held shall be sold at a forced price reduction. In particular, it is pointed out that "Xu Xiaoming, the actual controller of the project company, provides joint liability guarantee."
According to public information, in April 2015, the Beijing Green Asset Management Plan expired, but due to the failure to repay the investor’s principal and interest in time, it constituted a substantial breach of contract. As for the reasons for the breach of contract, Cinda Emerging Assets said that due to the lack of liquidity of the project party. On May 15th of that year, Cinda Emerging Assets found the creditor’s rights acquirer for the Beijing Green Asset Management Plan, which had been postponed for one month, and finally resolved the default crisis.
According to media reports, in this default crisis, many initiatives of Cinda’s emerging assets attracted investors’ doubts.
The first is the scale of financing. According to the information provided by Cinda Emerging Assets, the total assets of the financing party, Aoxianke, are 120 million yuan and the net assets are 100 million yuan. However, such financial strength has raised 350 million yuan. According to the common sense in the industry that the financing amount does not exceed 40% of the net assets of the enterprise, this scale is obviously high.
The second is the timeliness of information disclosure. On March 27, 2015, Cinda Emerging Assets issued a major announcement to investors, saying that as of February 25, 2015, the financier failed to collect the deposit into the supervision account as agreed, which was a serious breach of contract. And this date, according to the announcement time has passed one month.
The third is insufficient supervision. According to the agreement, the sales funds of the Asian Olympic Green Project will be collected three months before the expiration of the special plan, and the monthly collection amount will be no less than 120 million yuan. "Obviously, the manager did not supervise the collection of funds." Some investors said.
Insiders bluntly told the media that Cinda Emerging Assets obviously failed to fulfill its due diligence responsibility in the Beijing Green Asset Management Plan under the background that Aoshenko applied for five pre-sale permits from 2005 to 2011, but failed to start sales as required.
It’s no use winning the lawsuit?
For Wu Yu, when such a day is an end, we must find the reason why we can’t pay the house for a long time. In this regard, the reporter heard several versions in the interview. One said that the relevant procedures of the project were not approved; One says that there is insufficient funds, and there is no money to do gas and electricity, so we have to do it slowly. There are also some owners who speculate that developers hope that owners will choose to return a house at the original price or even 20 thousand yuan per square meter, and then sell the returned house to get appreciation profits.
A netizen posted on the internet that the reason why the green holiday project has not been handed over is that the project payment has not been settled and the construction team has not handed over the building; If the building can’t get the planning acceptance, it can’t be completed; The demolition was not completed, and the Land and Resources Bureau did not accept the project; Owing to usury, the land has been mortgaged.
When will this seemingly "dead knot" project be reborn? Because the developer has never faced the media directly, there is still a lot of fog behind the dilemma of the green holiday. But what is certain is that the delivery time is still far away, and those who have no "home" to return to. The reporter contacted Xu Xiaoming in many ways, but I still couldn’t reach him as of press time.
Wu Shaobo, a lawyer, said in an interview with China Economic Weekly that the current "dilemma" of Green Holiday must rely on government intervention to solve the "legality" of real estate. "There is a tripartite legal relationship in this case. The owner, developer and government must find out the responsibility of the three parties for failing to hand over the house for 10 years and use legal means to properly solve it."
In Wu Shaobo’s view, first of all, from the perspective of the contract between the two parties, it belongs to the developer’s breach of contract and should bear the relevant liquidated damages, and the owner has the right to return a house and recover the expected income from the appreciation of his house.
Secondly, if the developer is found to have violated the relevant laws and regulations in the development process, the relevant government functional departments have the obligation to supervise the developer’s behavior and make relevant administrative penalties, and the losses caused to the owner due to the developer’s responsibility can also be coordinated by the administrative organ.
Finally, if the developer can’t deliver the house on time due to the government’s functional behavior, the developer can also claim relevant administrative compensation from the government.
The reporter of China Economic Weekly called the Beijing Daxing District Housing Construction Committee several times to express his interview intention on the relevant issues of the green holiday project, but failed.
"We don’t buy a house to get the developer’s liquidated damages, but to live in early." Wu Yu said gloomily, "It’s useless to win the lawsuit. What else can we do?"
(At the request of the interviewee, Wu Yu is a pseudonym in the text)