法学论文
The Real Estate Sale Process in China
作者：杜伟华 律师 时间：2012年07月16日
The Real Estate Sale Process in China
In this essay, first, in want to talk about the real Estate Sale process
in Chinabefore the year of 2011. And then I will illustrate the new
policy issued by thegovernment in the early of 2011, finally I will
analyze some laws and regulations
about real estate of China. As follows I will state the issues separately.
1、Real estate sale process
1) Know about the information relate to real estate sale
Before one buy the real estate he must previously know and
compare the information about it such as the price, locality,
traffic environment, the quality of the real estate,
education and living establishment, developer’s actual
strength, property management company’s service,
installment payment situation, potential increase in value,
etc.
2) Examine related certifications
Whoever buying real estate must examine every kind of
certifications of the developer, in order to ensure the
procedure is legitimated and can be gain the ownership
of the real estate. Generally represent is , engineering
construction>, , , , .
3) Examine real estate title
When buying the real estate one must investigate other
titles and whether the real estate has been sold. If the
seller deliberately hide the fact that the real estate
had been sold to third person when sign the contract,
which result in the contract is invalidated or be cancelled,
the buyer can ask for returning the account paid and
interest, compensate the loss, as well as ask for the
seller to bear the compensate responsibility nor more
than one time of account paid.
4) Sign the real estate subscription agreement
Real estate subscription agreement is legal document
before both parties sign the sale contract, it is the
preliminary confirmation to the real estate. The subscription
engage the right and responsibility for the future contract,
whereas resultin signing the contract necessarily. So sign
the subscription agreement is
not the necessarily stage. But the supreme court amendment
five regulate ”real estate’s subscription, purchase,
reservations’ agreement fit the management method>
amendment sixteen regulate the content of the sale
contract, and the seller had gain the fund according
to the agreement,
this agreement is hold sale contract.
5) Sign the real estate sale contract
Sign the contract is very important in the purchase
procedure and the
contract is the important legal document. The contract
mostly are the format contract that government offered,
this agreement
can be regard as real estate sale contract.
6) real estate mortgage
Considering the high price of the real estate, more people
adopt bank mortgage to pay the fund, the mortgage procedure
commonly as follows:
1/ Sale agent advance the cooperation intent to the bank.
2/ Loan bank investigate the development projects, construction
quality, credit rating, responsible conduct, corporate social reputation,
technology, operating status, financial situation, and sign the
mortgage loan agreement with the qualified agents.
3/ Borrower and the seller signed the purchase agreement,
and pay more than 30% of the house ( 40% business house).
4/ Borrowers take purchase agreement, 30% purchase receipt,
ID card, proof of marital status to the lending bank for mortgage loans,
and open an account or bank card.
5/ After investigation, review and approval, sign loan contract, the
loan agent deal with registration, notarization procedures, and then
deposited the fund to the business account ( insurance take
customer voluntary principle ), and notify the customer take the
contract and go to agent business office to transact the purchase
procedures.
6/ As long as the borrower deposit enough payment loans in the
account or bank card every month or quarter, the bank will
automatically deducted the loans from the borrower's account,
and settle all at term.
7/After repay the loan, the loan bank cancel of mortgage, and
returned to the client.
7) Checking in the house
After property buyers completing payment obligations, developer
should issue notice, property buyers transact with the property
management company for inspection procedures. If the purchaser
has no objection to the quality, should sign the acceptance
documents. After the acceptance of house, property buyers should
sign the contract with property management, pay fees to
property management advanced, signed the owner convention,
fill in the application form, pay the decoration margin, collect the key.
After house decoration and checking, if the property
management insure it doesn’t violate the contract, return the
decoration margin, property buyers can complete the check-in procedures.
8) Transfer ownership
Finally, developers should go to property Office to transact
purchase procedures for transfer of real estate, pay taxes and
transfer fee. And then go to designated department for property
certificates, pay real estate property ownership registration fee and
warrants’ stamp tax fee.
2、 New policy issued by the government in the early of 2011
In the early of 2011, the department issued a series of
policies, such as sales restriction policy, collect property
fax, Adjust tax preferential policies, bank loan policy, etc,
in order to adjust real estate market. As the transformation
of real estate policies and regulated documents issued,
real estate sale procedure would be change.
1） The consignor should sign the brokerage services contract
with real estate brokerage agency.
regulate: Real estate brokerage clerk must not undertake
brokerage business in his own name. Real estate department
should sign the real estate brokerage service contract with
the consignor when accept the clients’ commission. When
signing sale contract, real estate property owner’s ID card,
real estate ownership information, buyer’s ID card, as well
as census register certification, certificate of marriage,
etc.
2） If real estate brokerage agencies release supply information to
client need client’s written consent.
3） Before the process of real estate property transactions, the
new process is: transact the identification procedures of
property tax exemption.
3、 Analyzing laws and regulations about real estate sale
There are some problems in real estate sale market,
especially in these years, the high price of the real
estate lead to the majority of people cannot afford to
purchase the house, while rich people can buy real estate
for investing to earn money. Although in the early of 2011
the government issued some policies to restrain the high
price of the real estate and suppress the house price
effectively, there are also some problems need to handle
by formulate laws and regulation.
First, take Beijing for example, property-purchasing limitations make many young people who can afford
the house and working in Beijing but don’t have Beijing
registered permanent residence cannot buy the real estate,
so that they cannot marry and raise child, which make
them very embarrassed. So the government should formulate
proper laws and regulation to deal with this problem in
order to solve the living situation of the young people
who need house eagerly.
Second, real estate sale agents have some covert operation
to help the purchasers to buy house under the property-purchasing limitations policy. Although some buyers don’t have
title to buy house, real estate sale agent can help them as
long as the purchaser pay additional money to the agent.
This lead to some rich people can invest to real estate to
earn money all the same, so the government must make laws
to control this deed.
In the end, the government should make perfect and proper
laws and regulations to regulate the real estate market,
to make sure that people who really need house can buy it,
property-purchasing limitations make many people very helplessly,
which the government should regulate it in better way.
In addition, the government should make laws to punish
the real estate sale agent who engaged in illegal behavior to
earn money.
In this essay, first, in want to talk about the real Estate Sale process
in Chinabefore the year of 2011. And then I will illustrate the new
policy issued by thegovernment in the early of 2011, finally I will
analyze some laws and regulations
about real estate of China. As follows I will state the issues separately.
1、Real estate sale process
1) Know about the information relate to real estate sale
Before one buy the real estate he must previously know and
compare the information about it such as the price, locality,
traffic environment, the quality of the real estate,
education and living establishment, developer’s actual
strength, property management company’s service,
installment payment situation, potential increase in value,
etc.
2) Examine related certifications
Whoever buying real estate must examine every kind of
certifications of the developer, in order to ensure the
procedure is legitimated and can be gain the ownership
of the real estate. Generally represent is , engineering
construction>, , , , .
3) Examine real estate title
When buying the real estate one must investigate other
titles and whether the real estate has been sold. If the
seller deliberately hide the fact that the real estate
had been sold to third person when sign the contract,
which result in the contract is invalidated or be cancelled,
the buyer can ask for returning the account paid and
interest, compensate the loss, as well as ask for the
seller to bear the compensate responsibility nor more
than one time of account paid.
4) Sign the real estate subscription agreement
Real estate subscription agreement is legal document
before both parties sign the sale contract, it is the
preliminary confirmation to the real estate. The subscription
engage the right and responsibility for the future contract,
whereas resultin signing the contract necessarily. So sign
the subscription agreement is
not the necessarily stage. But the supreme court amendment
five regulate ”real estate’s subscription, purchase,
reservations’ agreement fit the management method>
amendment sixteen regulate the content of the sale
contract, and the seller had gain the fund according
to the agreement,
this agreement is hold sale contract.
5) Sign the real estate sale contract
Sign the contract is very important in the purchase
procedure and the
contract is the important legal document. The contract
mostly are the format contract that government offered,
this agreement
can be regard as real estate sale contract.
6) real estate mortgage
Considering the high price of the real estate, more people
adopt bank mortgage to pay the fund, the mortgage procedure
commonly as follows:
1/ Sale agent advance the cooperation intent to the bank.
2/ Loan bank investigate the development projects, construction
quality, credit rating, responsible conduct, corporate social reputation,
technology, operating status, financial situation, and sign the
mortgage loan agreement with the qualified agents.
3/ Borrower and the seller signed the purchase agreement,
and pay more than 30% of the house ( 40% business house).
4/ Borrowers take purchase agreement, 30% purchase receipt,
ID card, proof of marital status to the lending bank for mortgage loans,
and open an account or bank card.
5/ After investigation, review and approval, sign loan contract, the
loan agent deal with registration, notarization procedures, and then
deposited the fund to the business account ( insurance take
customer voluntary principle ), and notify the customer take the
contract and go to agent business office to transact the purchase
procedures.
6/ As long as the borrower deposit enough payment loans in the
account or bank card every month or quarter, the bank will
automatically deducted the loans from the borrower's account,
and settle all at term.
7/After repay the loan, the loan bank cancel of mortgage, and
returned to the client.
7) Checking in the house
After property buyers completing payment obligations, developer
should issue notice, property buyers transact with the property
management company for inspection procedures. If the purchaser
has no objection to the quality, should sign the acceptance
documents. After the acceptance of house, property buyers should
sign the contract with property management, pay fees to
property management advanced, signed the owner convention,
fill in the application form, pay the decoration margin, collect the key.
After house decoration and checking, if the property
management insure it doesn’t violate the contract, return the
decoration margin, property buyers can complete the check-in procedures.
8) Transfer ownership
Finally, developers should go to property Office to transact
purchase procedures for transfer of real estate, pay taxes and
transfer fee. And then go to designated department for property
certificates, pay real estate property ownership registration fee and
warrants’ stamp tax fee.
2、 New policy issued by the government in the early of 2011
In the early of 2011, the department issued a series of
policies, such as sales restriction policy, collect property
fax, Adjust tax preferential policies, bank loan policy, etc,
in order to adjust real estate market. As the transformation
of real estate policies and regulated documents issued,
real estate sale procedure would be change.
1） The consignor should sign the brokerage services contract
with real estate brokerage agency.
regulate: Real estate brokerage clerk must not undertake
brokerage business in his own name. Real estate department
should sign the real estate brokerage service contract with
the consignor when accept the clients’ commission. When
signing sale contract, real estate property owner’s ID card,
real estate ownership information, buyer’s ID card, as well
as census register certification, certificate of marriage,
etc.
2） If real estate brokerage agencies release supply information to
client need client’s written consent.
3） Before the process of real estate property transactions, the
new process is: transact the identification procedures of
property tax exemption.
3、 Analyzing laws and regulations about real estate sale
There are some problems in real estate sale market,
especially in these years, the high price of the real
estate lead to the majority of people cannot afford to
purchase the house, while rich people can buy real estate
for investing to earn money. Although in the early of 2011
the government issued some policies to restrain the high
price of the real estate and suppress the house price
effectively, there are also some problems need to handle
by formulate laws and regulation.
First, take Beijing for example, property-purchasing limitations make many young people who can afford
the house and working in Beijing but don’t have Beijing
registered permanent residence cannot buy the real estate,
so that they cannot marry and raise child, which make
them very embarrassed. So the government should formulate
proper laws and regulation to deal with this problem in
order to solve the living situation of the young people
who need house eagerly.
Second, real estate sale agents have some covert operation
to help the purchasers to buy house under the property-purchasing limitations policy. Although some buyers don’t have
title to buy house, real estate sale agent can help them as
long as the purchaser pay additional money to the agent.
This lead to some rich people can invest to real estate to
earn money all the same, so the government must make laws
to control this deed.
In the end, the government should make perfect and proper
laws and regulations to regulate the real estate market,
to make sure that people who really need house can buy it,
property-purchasing limitations make many people very helplessly,
which the government should regulate it in better way.
In addition, the government should make laws to punish
the real estate sale agent who engaged in illegal behavior to
earn money.
