Transaction: Semi-default transfer
In the actual second-hand housing transaction, the public maintenance fund is usually extended by the owner to the purchaser free of charge.
"The second-hand house buyer does not need to pay the public maintenance fund separately, because it has been included in the contract price of the house." According to the person in charge of Lianjia Real Estate, it is clearly indicated in the model contract of Beijing stocking house sales that the seller agrees to transfer the book balance of the special maintenance fund (public maintenance fund) paid by the seller to the buyer's name. According to him, since the online signing of second-hand housing transactions in Beijing in April 27, this clause will be automatically retained in the sales contract.
"Most buyers and sellers have not noticed the ownership of the public maintenance fund." Several intermediary companies randomly asked by the reporter all said that most of the trading parties acquiesced in the clause of "automatic transfer of public maintenance funds" on the contract model without knowing it.
However, some "serious" owners will propose the transfer of the public maintenance fund, and the buyer and the seller will share the cost according to a certain proportion. Because the public maintenance fund paid the total amount of 7 years at the time of buying a house, the proportion that the buyer should bear at this time is the proportion of the remaining service life of the second-hand house. "Among the 1 transaction lists, there can be at most one or two cases involving the proportional distribution and transfer of public maintenance funds." A real estate agency said, "Not to mention the counterparty, even the intermediary salesman who has been in the business for a short time may not know about the transfer of the public maintenance fund."
in addition, there are some commercial houses that were built before 1998 and have not paid the public maintenance fund. When they are traded again, the buyers need to pay the money again.
transfer: most property buyers ignore
many intermediary companies only pay attention to the ownership of the public maintenance fund, but do not involve the transfer. "The public maintenance fund follows the real estate license." Many real estate agents asked by the reporter gave such an answer. "Many houses have been resold for several hands, and the original owners have long been unable to find them, so they still live." They all said that in their own second-hand housing transactions, they have never handled the transfer of maintenance funds to customers.
However, the reporter inquired about the relevant notice and found that the Notice on Strengthening the Management of Special Maintenance Funds for Commercial Houses recently issued by this Municipality requires that the paid maintenance funds should be transferred at the same time when the ownership of the house is transferred. According to the regulations, the buyers and sellers of second-hand houses should go through the transfer formalities in the management department of the district and county where the house is located with the original maintenance fund transfer agreement, house ownership certificate, ID card and special receipt for maintenance funds.
Last Friday, the reporter saw in Chaoyang District Housing Fund Management Center that not many people came to handle the transfer of public maintenance funds, which was in sharp contrast to the bustling crowd in the house property transfer hall. However, the number of people in the two should have been equal.
relevant departments: repair hidden trouble may be buried
according to a staff member of Chaoyang district housing fund management center, if the owner of a commercial house has changed, but the public maintenance fund is still in the name of the original owner, when the house is old and needs to be used, it may cause some trouble because of unclear property rights.
according to the "administrative measures for the use of public residential maintenance funds in Beijing", the maintenance funds are used exclusively for the maintenance works of residential facilities and equipment after the warranty period expires. If it is not transferred in time, it will affect the buyer's use of the property maintenance fund.
At present, because most commercial houses are short in age and have not yet reached the stage where they need to be overhauled, the public maintenance fund can't see any harm. However, when the overhaul period is coming, the real property owner has no right to ask about the public maintenance fund, while the original property owner who has already sold the house is the owner of the public maintenance fund. The harm of the public maintenance fund not passing the household will gradually emerge.