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Questions 15 of the New Deal: Properties whose listing price is significantly higher than the transaction price will be removed from the shelves

On July 28, the Dongguan Municipal Bureau of Housing and Urban-Rural Development issued the "Notice on Further Promoting the Stable and Healthy Development of the City's Real Estate Market" policy answers. In response to some citizens and media asking questions about housing construction, real estate registration, etc. Answer questions from the department regarding inquiries and verification via phone calls and letters.

At 0:00 a.m. on July 25, the Housing and Urban-Rural Development Bureau of Dongguan City, Guangdong Province jointly issued the "Notice on Further Promoting the Stable and Healthy Development of the City's Real Estate Market" with 11 departments, announcing the release of 9 new regulatory policies , the key points include: adjusting the purchase restriction policy for commercial housing. Non-local residents who purchase their first commercial housing in this city (new commercial housing or second-hand commercial housing, the same below) must provide social security certificates for more than one consecutive year within two years. ; Those who purchase a second set of commercial housing must provide social security certificates for more than 2 consecutive years within 3 years, and sales of third sets of commercial housing to them will be suspended.

The Dongguan Municipal Housing and Urban-Rural Development Bureau pointed out that after the promulgation of the new policy, it attracted widespread attention from the society. In recent days, some citizens and media have called and sent letters to the housing and construction, real estate registration and other departments for consultation and verification. It is recommended that the relevant departments The identification of policy implementation standards has been further clarified. In order to respond to social concerns and ensure the smooth implementation of relevant policies, the Municipal Housing and Urban-Rural Development Bureau quickly worked with the Municipal Real Estate Registration Center to sort out the most common, typical and hot issues and answer them one by one here.

1. The "7.25" new policy did not mention the policy for house purchase by registered residents. Will the original policy still be implemented?

Yes. The house purchase policy for households with registered residence in this city is still implemented in accordance with the "Notice of the Dongguan Municipal People's Government Office on Further Improving the City's Housing Purchase Restriction Policy" (Dongfu Ban [2017] No. 46), that is, households with registered residence in this city own two houses in this city. and above, sales of newly built commercial housing to them will continue to be suspended.

2. Can residents who are not registered in this city and have a full-time undergraduate degree or above or a junior professional title or above, and have paid social insurance continuously for half a year before July 25, still be able to purchase their first commercial housing in accordance with the original policy? ?

Yes. Non-local residents with a full-time bachelor's degree or above or a junior professional title or above, who can provide a labor contract with the city's workplace and proof that they have paid social insurance monthly for more than half a year before July 25, 2020, can still purchase according to the original policy. The first set of new commercial housing. Non-local registered residents who meet the above circumstances are allowed to complete the online signing of relevant new commercial housing sales contracts before August 31, 2020. If they exceed the deadline, their house purchase qualifications will not be recognized. In addition to the above circumstances, starting from July 25, 2020, non-local residents with a full-time undergraduate degree or above or a junior professional title or above purchasing a house in this city will be subject to the regulations of Dongjian [2020] No. 7.

3. The new policy stipulates that the personal income tax payment certificate will no longer be used as a material for house purchase qualification review. In order to connect with the original policy, individuals who have paid personal income tax for one or two consecutive years before the date of implementation of this notice Families who are not residents registered in this city can still purchase their first or second commercial housing in accordance with the original policy. How to identify it specifically?

Families that are not registered residents of this city and have paid personal income tax monthly for one or two years before July 25, 2020 can still purchase their first or second new commercial housing in accordance with the original policy. . Non-local residents who meet the above circumstances are allowed to complete the online signing of relevant new commercial housing sales contracts before August 31, 2020. If they exceed the deadline, their house purchase qualifications will not be recognized.

4. In May this year, I bought a second-hand house in a town in Dongguan. I have paid the deposit and down payment to the owner, signed an intermediary agency contract with the agency, and paid the agency fee. However, due to various reasons, the online visa procedures had not been completed before the new policy was promulgated.

According to the requirements of this new policy, I am no longer qualified to purchase a house. However, considering that the transfer has been approved, can we continue to complete the transaction according to the original policy?

Considering that before the implementation of Dongjian [2020] No. 7 (that is, before 0:00 on July 25, 2020), some people who are not registered in this city purchased second-hand commercial housing in our city and have signed real estate contracts. The purchase and sale intermediary contract has been completed and the deposit or down payment has been paid to the seller (referring to the owner of the house, the same below) and the intermediary service fee has been paid to the intermediary agency. Due to various reasons (including the impact of the epidemic), the contract has not been formally signed online and the transfer has not been completed. , the actual situation that online signing will not be completed due to policy adjustments after 0:00 on July 25, 2020. In order to properly solve this problem and minimize transaction disputes, if these buyers can provide information to sellers and real estate agencies in 2020 Real estate sales intermediary contract signed before 0:00 on July 25, 2019 (for self-signed contracts, a written agreement or contract between the parties to the transaction must be provided), deposit or down payment payment voucher to the seller (limited to bank over-the-counter transfers and online banking between the buyer and seller) Non-cash payment methods such as transfers, and the transfer voucher or statement stamped with the bank's seal should be provided), which will be verified by the transferring bank or the financial regulatory department and then reported to the purchase restriction enforcement department, which will be allowed to continue to sign the "Real Estate Agreement" before October 31, 2020. Sales Contract" and go through transfer procedures. The following situations are not recognized: 1. Deposit or down payment in cash; 2. Transfer from the account of someone other than the home buyer to the account of the seller; 3. Transfer from the account of the home buyer to someone other than the seller; 4. The second-hand commercial housing sold by the seller does not meet the conditions for transaction transfer.

5. For newly built commercial housing or second-hand commercial housing that has completed the online signing before July 25, 2020 but has not obtained the real estate certificate, will the transfer limit be 2 years or 3 years?

Regarding the issue of transfer restrictions (restrictions on sales), there are three situations: 1. New commercial housing or second-hand commercial housing completed online before 0:00 on April 11, 2017, unlimited transfer years; 2. 2017 New commercial housing or second-hand commercial housing that is completed online between 0:00 on April 11 and 24:00 on July 24, 2020 must obtain the real estate certificate for 2 years before it can be traded and transferred; 3. Completed after 0:00 on July 25, 2020 New commercial housing or second-hand commercial housing signed online must obtain the real estate certificate for three years before it can be traded and transferred.

6. Regarding the time limit for the transfer of second-hand commercial housing, the "Real Estate Sales Contract" may have three dates. One is the date when the contract is printed, the second is the date when the buyer and the seller sign, and the third is the date generated on the first page of the contract. Which date should be used as the code?

The date of online signing for second-hand housing shall prevail, that is, the date when the code is generated on the homepage of the contract (the online signing date is shown in the front of the contract number for second-hand housing online).

7. I signed a second-hand house online contract with the owner before July 25, 2020, but when filing at the real estate registration window, I found that the contract content needs to be corrected and modified. What should I do?

Second-hand commodity housing sales contracts signed before 0:00 on July 25, 2020, if the names and ID numbers of both parties to the transaction are wrong, they cannot be used to handle transaction transfers. If re-signing on the online signing contract system results in a change in the online signing date, the purchase restriction and transfer restriction policy time determination will be based on the changed online signing date. If other contents need to be modified after signing online, in order not to affect the buyer's qualifications to purchase a house, the buyer and seller can make revisions by supplementing the agreement on their own.

8. If you have handled inheritance, divorce and property division, or have handled changes, corrections, replacement certificates and other business where the ownership has not been transferred, resulting in a change in the registration date of the real estate certificate, which one should be followed? Which date is correct?

The date of issuance of the previous real estate title certificate shall prevail. That is, the date on which the real estate rights were registered when the previous transaction was transferred.

9. The "7.25" New Deal also restricts the purchase of second-hand houses. What should non-registered residents pay attention to when buying second-hand houses in Dongguan?

According to Dongjian [2020] No. 7 regulations, starting from July 25, 2020, non-local residents who purchase second-hand commercial housing in this city must also provide social security certificates.

Before purchasing second-hand commercial housing in this city, residents who are not registered in this city should first go to the city's real estate registration department to apply for a housing purchase restriction inquiry certificate (check), otherwise they will not be able to sign online on the existing housing online contracting system. Therefore, before confirming whether you are qualified to purchase a house, please do not rashly pay deposits, down payments, and sign written agreements such as intermediary agency contracts to avoid transaction risks and unnecessary losses.

10. What are the restrictions on transferring housing by gift?

According to the provisions of the "Notice of the Dongguan Municipal People's Government Office on Further Improving the City's Housing Purchase Restriction Policy" (Dongfu Ban [2017] No. 46), after the commercial housing is transferred by donation, the donor must Commercial housing can only be purchased again after 2 years; those who accept gifts must comply with the city's current purchase restriction policy. After the implementation of Dongjian [2020] No. 7, the above regulations will continue to be implemented. If both parties to the gift are immediate relatives, the recipient of the gift will not be subject to social security payment requirements, but must comply with the number of units required by the city’s current housing purchase restriction policy, and the transferee Commercial housing must obtain the real estate certificate for 3 years before it can be traded and transferred.

11. Are houses auctioned by the court (foreclosure houses) affected by the "7.25" New Deal purchase restriction policy?

Not affected. After July 25, 2020, non-residents with household registration in this city who purchase commercial housing through judicial auctions are not subject to the restrictions on the purchase restriction policy of Dongjian [2020] No. 7 on commercial housing, but they must also comply with the current regulations on the transfer of commercial housing in our city. That is, the real estate certificate must be obtained for 3 years before it can be traded and transferred.

12. For employees who have paid housing provident funds in cities in other provinces or other cities within the province, and both husband and wife are non-households in Dongguan, can they apply for housing provident fund loans when buying a house in Dongguan?

No. Starting from July 25, 2020, for employees who have paid housing provident funds in other places and apply for housing provident fund loans to purchase houses in our city, the employees themselves or their spouses must be registered in this city.

13. I bought a new commercial house through online signing in June 2017. I applied for the real estate certificate in March 2019. Now an agent is asking me if I want to sell the house. Can I ask the intermediary to help me place the listing now?

No. Judging from your situation, the house you bought is subject to the restriction of "transferability after 2 years of certification". It cannot be transferred until March 2021. It currently does not meet the conditions for transaction transfer. Real estate agencies should not be responsible for this. Brokerage services are provided for residential properties. It is recommended that you wait until the house meets the transfer conditions before putting it up for sale to avoid possible transaction risks. For intermediaries that violate regulations in providing brokerage services for houses that do not meet the conditions for transaction transfer, citizens are advised to complain and report to the local town, street (park) housing management office.

14. I entrusted an agency to sell my house, hoping that the transaction price would be around 2.8 million. Now the agency helped me contact a buyer. He agreed to give me 2.8 million, but he wanted me to sign a 4.2 million contract with him. Wan's contract, so that he can apply for more bank loans. What are the risks to me by doing this?

Dongjian [2020] No. 7 clearly stated that it will severely crack down on the behavior of "high ratings and high loans", and hold relevant institutions and personnel accountable in accordance with laws and regulations for evaluation agencies and financial institutions that participate in "high ratings and high loans" . In a second-hand house transaction, the seller (the owner of the house) signs a contract with the buyer at a false price that exceeds the actual transaction price. Based on the actual behavior, if it constitutes a crime, he will be held criminally responsible.

15. Recently, second-hand housing prices in some residential areas in Dongguan have been soaring. Some owners have made public announcements in the owner group, encouraging and organizing all owners to significantly increase the listing price. This new policy clearly requires strict investigation and punishment of actions such as price manipulation and group price increases in the second-hand housing market. What specific measures will be taken?

Recently, some real estate owners in our city have announced collective price increases, and there have been abnormal phenomena such as group price increases and substantial increases in the listing prices of second-hand houses. Relevant departments are paying close attention to the changes in second-hand housing prices, and will remove all listings that publish false listings and have listing prices that are significantly higher than the recent real transaction price or the average price of similar properties in the surrounding area. For real estate owners who are suspected of disrupting the market order by driving up house prices in an organized manner, key inspections will be carried out. If the circumstances are serious, measures such as restricting transactions will not be ruled out.

At the same time, the Municipal Housing and Urban-Rural Development Bureau will further strengthen the disclosure of housing price information. Starting from July, it will release the second-hand housing online signing transactions of each town, street (park) every month. In the future, it will also announce the representative and second-hand housing transactions of each town, street (park) in due course. The online signature transaction information of actively traded second-hand housing properties improves the transparency of housing prices and guides rational transactions in the market.