December 25, 2006, the newspaper "buy real estate through train" column published Mr. Zhang's call and the reporter's reply: Mr. Zhang in the state of the city to buy a house, found that the developer indiscriminate charges, and would like to know in the end what the cost of the developer, which should be out of their own! Mr. Zhang's call and the reporter's reply.
A stone stirred up a thousand waves. This piece of commercial housing "a price clear" of the manuscript, since the day of the newspaper, there have been more than 20 readers call to complain about the state four or five buildings. 2007 January 8-9, the reporter conducted an in-depth interview, found that Enshi commercial housing "a price clear "
However, it is not easy to find out what the problem is.
What is a "price clear" system
August 26, 2005, to further strengthen the real estate market supervision efforts, and effectively stabilize the price of commercial housing, Hubei Provincial Price Bureau, the provincial construction department under the State Council documents, issued "on the sale of commercial real estate price management issues related to the notice of the" document, requiring that all commercial housing in Hubei Province, "a clear" system. The document requires all commodity housing in Hubei Province to implement the "one price" system.
The so-called "one-price" system means that only one price can be implemented in the final settlement of the residential commodity housing sales to the buyers. Development enterprises should have been approved by the price department of the collection and handling fees in the contract to be clear, outside the contract, shall not be any additional charges for any reason.
The notice also emphasized that the sale of commercial properties to implement the price system. Real estate developers should be in the sales department to publicize the price list of commercial housing, the price list should include: the floor area of each set of commercial housing, common area; selling price per square meter of floor area; price implementation time and pre-property service fee standards.
Subsequently, on April 18, 2006, the state price bureau, the state real estate management bureau forwarded the provincial documents, while requiring the implementation of the implementation of the following in conjunction with the following: price department approved the collection of agency fees refers to the housing maintenance fund (individuals should be paid part of the) and the handling of the "land use rights certificate", "housing ownership certificate" should be borne by the buyer of the cost; water, electricity, gas, Water, electricity, gas, cable TV, intercom systems, security systems, security doors and other ancillary facilities, such as construction costs and initial installation costs in accordance with the prescribed fees are included in the cost of housing construction, and credited to the price of the house, the development of enterprises shall not be duplicated in any name to the buyer of the charges. At the same time, the provisions of the document from June 1, 2006 onwards, previously signed a contract for the purchase and sale of commercial property to the contract shall prevail.
Buyer complaints: overcharged my fee
A complainant provided the reporter with his contract for the sale of commercial housing and the relevant tax and fee breakdown, the reporter saw that his contract for the purchase of housing was signed on June 1, 2006 after the signing of the contract. According to the regulations, after June 1, 2006 signed the contract of sale of commodity housing is to implement the "price clear" system.
But the reporter saw his contract on the house price is a separate column, another ledger states: 1200 yuan of water, electricity 660 yuan, gas 2200 yuan; deed tax 3237.30 yuan; maintenance gold 3237.30 yuan; transaction fee 354.50 yuan; measurement of the cost of 160.70 yuan; stamp duty of 48.60 yuan; there are a number of costs ***328 Yuan.
First of all, the contract does not include the cost of utilities and other costs into the price of the house, but outside the contract in addition to the charges, and secondly, the transaction fee and measurement of the fee should be paid by the developer, and here by the buyer out of it, is clearly indiscriminate charging.
In fact, there are many other home buyers who have been duped like this complainant. According to industry insiders, in addition to the above should not be charged fees, there are developers like to do in the deed tax. For example, according to the relevant provisions of the individual purchase of ordinary housing for personal use (140 square meters and below) the deed tax by half, that is, 4% of the price of the house halved to 2% levy, such as the total price of 180,000 yuan of ordinary housing should be paid 3,600 yuan of the deed tax, but the developers tend to take advantage of the buyers do not know the preferential policies, regardless of whether it is ordinary housing, all at 4% to collect, from which earn 2% of the cost. This time, the national and provincial and state policies, the implementation of the "price clear", but also to avoid similar developers repeat charges, charges.
Developers: "a price clear" policy is not "clear"
The reporter visited the state price bureau and the state real estate management bureau after the introduction of the document, most of the buildings so far have not been implemented! "A price clear" system.
Developers have their own reasons for this. Some say that the state and provincial policies are contradictory, the province only said "development enterprises should have been approved by the price department to collect all the fees in the contract to be clear, outside the contract, shall not be added for any reason any fees." There is no requirement for water, electricity, gas and other initial installation costs into the price of the house, in the case of policy inconsistency, they are at a loss, they have to press the previous policy. Others said, "a price clear" system itself is also a problem, the water, electricity and gas costs are generally incorporated into the price of the house, the buyer, but the price of the house is not clear. There is also the view that the "price clear" is the previous collection of fees and charges to the price of housing, whether or not the implementation of the same. Some developers also said that after the implementation of a price clearing, to bear more business tax and income tax, the consumer's deed tax and so on to increase, so it did not implement.
There are also industry insiders believe that the implementation of a price clear, if the buyer found that the developer charges, there can be a basis for claims, on the contrary, after the implementation of a price clear, what costs and to the price of the house, and the price of the house is a very flexible thing, when the buyer is even more of a muddled account, the developer is required to refund have no basis.
The tax department: the tax is only a slight increase
For the developers said the increase in taxes, the reporter interviewed the state Department of Local Taxation personnel.
Tax Department Wang Likun introduction, according to the regulations, the developer before the fee to pay business tax, these fees and charges into the price of the house, but also to collect business tax, so there is no increase in business tax; and corporate income tax is currently according to the relevant state documents, according to the 3% pre-scripted, by the time the whole project is over, the settlement is how much is how much, even if the fees and charges into the price of the house, but also no The company's business is not a big deal, but it's a big deal.
And for the buyer, "a price clear" after these charges are assigned to the cost of commercial housing to become a formal provision of the contract, but also correspondingly expand the base of the calculation of the deed tax to pay the tax will be a corresponding slight increase, but the range is very small.
Price, housing management: in case of violation, can be reported
Enshi developers questioned the blatant non-execution of the state price, housing management department documents, the state price bureau and the state real estate management bureau, said their documents are in accordance with the spirit of the provincial documents to develop specific measures to implement the spirit of the Yichang, Chongqing, and other places are so implemented, there is no contradiction with the provincial documents.
The state price bureau said that if the buyers encounter such problems, they can report to the price department, and can ask for the return of the overcharged fees of the developers. Meanwhile, the state price bureau and the state real estate administration intend to conduct inspections in this regard.
At the same time, the reporter consulted the lawyers of the law firm of the Dignity Law Firm that if the contract has a violation of policies and regulations, can be regarded as part of the contract is invalid, such as price violations can be regarded as invalid contractual agreements on price.