On February 25, 2006, 65438, this newspaper published Mr. Zhang's telephone and the reporter's reply: When Mr. Zhang bought a house in a real estate in Zhoucheng, he found that the developer was charging unreasonable fees, so he wanted to know which fees the developer should pay and which fees he should pay.
A stone stirs up a thousand waves. This article about the commercial housing "a clear price" manuscript, since the day of the newspaper, more than 20 readers have called to complain, involving four or five buildings in the city. On June 8-9, 20071October, 65438, the reporter found that there were many problems in the "one-price settlement" of Enshi commercial housing.
What is the "one-price settlement" system?
On August 26th, 2005, in order to further strengthen the supervision of the real estate market and effectively stabilize the price of commercial housing, the Hubei Provincial Price Bureau and the Provincial Construction Department issued the "Notice on Relevant Issues Concerning the Management of Commercial Housing Sales Price" according to the spirit of the relevant documents of the State Council, requiring all commercial housing in Hubei Province to implement the "one-price settlement" system.
The so-called "one-price settlement" system means that in the sale of residential commercial housing, buyers can only execute one price in the final settlement. The development enterprise shall specify all the collection agency fees approved by the price department in the contract, and shall not charge any fees for any reason outside the contract.
The notice also stressed that commercial housing sales should be clearly marked. Real estate developers should publicize the price list of commercial housing in the sales department, and the contents of the price list should include: the construction area and pool area of each commercial housing; Price per square meter of construction area; Price execution time and early property service fee standard, etc.
Subsequently, on April 18, 2006, the State Price Bureau and the State Real Estate Administration forwarded the documents in the province, and requested that they be implemented together with the following contents: the collection agency fee approved by the price department refers to the housing maintenance fund (the part that individuals should pay) and the expenses that buyers should bear when handling land use certificates and housing ownership certificates; The construction cost and initial installation cost of water, electricity, gas, cable TV, intercom system, security system, security door and other supporting facilities shall be included in the housing construction cost and the housing price according to the prescribed charging standards. Development enterprises shall not charge property buyers repeatedly in any name. At the same time, it is stipulated that this document will be implemented from June 1 2006. If a commercial housing sales contract has been signed before, the contract shall prevail.
Buyer's complaint: I was overcharged.
A complainant provided the reporter with the details of his commercial housing sales contract and related taxes and fees. The reporter saw that his purchase contract was signed after June 2006 1. According to the regulations, the commercial housing sales contract signed after June 2006 1 shall be subject to the system of "clearing the price at one bite".
However, the reporter saw that the house payment in the contract was calculated separately, and another detail said: 65,438 yuan for external water, 2,200 yuan for electricity and 660 yuan; The deed tax is 3237.30 yuan; Maintenance cost is 3237.30 yuan; The transaction fee is 354.50 yuan; Investigation fee 160.70 yuan; Stamp duty is 48.60 yuan; There are still some expenses ***328 yuan.
First of all, this contract does not include utilities and other expenses in the house price, but charges extra fees outside the contract. Secondly, the transaction fee and survey fee should be paid by the developer, and here it is paid by the buyer, which is obviously arbitrary charges.
In fact, there are many buyers who have been cheated like this complainant. Insiders said that in addition to the above fees that should not be charged, some developers also like to make a fuss about deed tax. For example, according to the relevant regulations, the deed tax on ordinary houses purchased by individuals for their own use (140 square meters and below) is halved, that is, from 4% of the house price to 2%. For example, an ordinary house with a total price of180,000 yuan has to pay a deed tax of 3,600 yuan, but developers often take advantage of this preferential policy, regardless of whether it is an ordinary house or not, and earn 2% from it. This time, the state, province and state issued relevant policies to implement "one-stop pricing" in order to avoid repeated charges and arbitrary charges by similar developers.
Developers: The "One Price Clear" policy is not "clear"
The reporter visited and found that after the documents of the State Price Bureau and the State Real Estate Administration were issued, most of the buildings have not implemented the "one-price-clear" system so far.
Developers have different reasons for this. Some people say that there are contradictions between national and provincial policies. The province only said that "development enterprises should specify all the collection agency fees approved by the price department in the contract, and should not add any fees for any reason other than the contract." Installation fees such as water and electricity are not required to be included in the house price. In the case of inconsistent policies, they are at a loss and have to follow the previous policies. Others say that the "one-price" system itself has problems, and utilities and other expenses are generally incorporated into housing prices. For buyers, the house price is not clear. Others believe that "one-price settlement" means that the fees collected before will be combined with the house price, and it is the same whether it is implemented or not. Some developers also said that after the implementation of one-price settlement, they have to bear more business tax and income tax of enterprises, and the deed tax of consumers will also increase, so they did not implement it.
Some insiders also believe that if the unified price is not implemented, property buyers can claim compensation accordingly if they find that developers charge fees indiscriminately. On the contrary, after the unified price is implemented, all the expenses will come up to the house price, which is a very flexible thing. At that time, it will be a foolish account for property buyers, and there is no basis for asking developers to refund their fees.
Tax department: The tax has only increased slightly.
In response to the developer's alleged increase in taxes and fees, the reporter interviewed the relevant personnel of the State Local Taxation Bureau.
According to Wang of the State Administration of Taxation, according to the regulations, developers must pay business tax before collecting fees. After these expenses are incorporated into the house price, business tax will still be charged, so there is no problem of increasing business tax; At present, enterprise income tax is levied at 3% according to relevant national documents. When the whole project is completed, there will be so much settlement, even if it is incorporated into the house price, it will have no impact.
For the buyer, after the "one-price settlement", these collection fees are classified as the cost of commercial housing and become the formal terms of the contract, which correspondingly expands the base for calculating the deed tax, and the taxes to be paid will increase slightly, but the range is very small.
Price and housing management: if there is any violation, you can report it.
As for Enshi developers' questioning about the public refusal to implement the documents of the national price and housing management departments, the relevant personnel of the State Price Bureau and the State Real Estate Administration said that their documents were specific implementation measures formulated according to the spirit of the provincial documents, and Yichang, Chongqing and other places are currently implementing them in this way, and there is no contradiction with the provincial documents.
Relevant personnel of the State Price Bureau said that property buyers can report such problems to the price department, and the fees overcharged by developers can be demanded to be returned. At the same time, the State Administration of Commodity Price and the State Administration of Real Estate intend to conduct an inspection in this regard.
At the same time, the reporter consulted the lawyers of Zhengdian Law Firm and learned that if there are violations of policies and regulations in the contract, some contracts can be considered invalid. For example, price violations can be regarded as invalid about the price in the contract.