Chen Shulian: Is the ＂negative payment＂ house reliable?

Source: China News Weekly

Author: Chen Shulian

Recently, real estate agencies in Nanning, Shenzhen and other places claim that they can achieve "zero down payment" and "negative payment", which has aroused widespread attention.

The so -called "negative payment", that is, the buyer can get the ownership of the house on the loan agreement, and can also get a expensive cost.Whether these additional funds are used for decoration or other purposes, they will not affect the legal holders of buyers to become real estate.

This "new" real estate trading model is controversial. Some people think that this is a scam. Even if the property market enters the downward cycle, it is too outrageous to buy a penny.Buyers face huge financial risks and should be treated with caution.Other people regarded it as a rare "landing" opportunity to ask where there is a way to buy a "negative payment" house.

Wang Yuli, director of the Beijing Gold Prosecution Law Firm, told China News Weekly that "negative payment" and "zero down payment" were suspected of violating the law.It seems that under the appearance of reducing house purchase expenses, it will actually increase investment in house purchase, and even the money houses are empty.

On May 26, the Shenzhen Real Estate Intermediary Association issued a solemn reminder of illegal and illegal acts such as prohibiting participation/assistance to "buy houses" and "zero down payment".

Reminder pointed out that "buying a house for a house" has violated relevant national financial credit policies, and real estate intermediaries and employees should strictly abide by the positioning of the country's "housing housing do not speculate", and prohibit the participation/assistance in any form."Negative payment" or the first payment installment is a housing publicity and sales agency behavior.

What is negative payment?

Zhang Chao is the father of two children. Because there is no house, he moved three times for two years for two years. After the "negative payment" news appeared, he contacted the real estate agency for the first time to understand the specific process.

According to Zhang Chao, there are not a few friends with similar ideas. They also formed a house purchase group to communicate with each other."But we have not found a suitable house that can 'negative payment'."

In fact, although some social platforms have appeared on "negative payment" advertisements issued by real estate agencies, according to China News Weekly, most real estate agents are "taboo" about this.Those who want to buy can be easily bought.

A person in charge of a real estate intermediary store in Nanning told China News Weekly that there has been a "negative payment" house in the market.But he admits that they are not mature customers and they do not accept such orders. "This is not easy to put on the table, it must not be in line with the general buying process, and generally operate in private."

So how does the "negative payment" realize?

For example, the real down payment of 1 million houses is 200,000 and a loan of 800,000.Through 1.3 million transactions through fiction, it has become 260,000 down payment and 1.04 million loans.Based on this, the loan amount of the buyer's "fraud" was 1.04 million reduced 800,000, which was 220,000.When the buyer gets the 240,000 and the down payment of 200,000, there is still 40,000 in his hand. The loan amount is higher than the actual transaction amount of the house, and the so -called "negative payment" can be achieved.

Yan Yuejin, the research director of the E -House Research Institute, said in an interview with China News Weekly that such incidents are essentially fictitious house purchase contracts, and then make high house purchase prices to deceive more loans to pay the down payment. "It is typicalDeception of loan ".

However, he also said that such problems further illustrate the new situation of the current real estate market, that is, the down payment payment capacity is relatively weak."It is precisely the pressure on the down payment of the home buyer, so the gimmick similar to the" negative payment "can easily attract everyone's attention, and it is easy to make some intermediaries and financial institutions drill loopholes."

"Low Payment", "Zero down payment"

In fact, in addition to the "negative payment", the recent promotional methods of property market promotion on "low down payment" and "zero down payment" have also attracted much attention.

Li Liu, a senior real estate person in Guangzhou, told China News Weekly that she did not hear the "negative payment" situation in the market for the time being, but she admitted that the transaction of the Guangzhou property market in the first May of this year was not good. Except for the urban area,In addition to the most popular real estate and some high -end luxury homes, the transaction rate in the suburbs is not ideal.

Third-party data shows that from January to May this year, Guangzhou Commodity Housing.com signed a transaction of 4.3968 million square meters, a decrease of 38%year-on-year, and a cumulative transaction value of 147.279 billion yuan, a year-on-year decrease of 27.9%.Among them, the transaction area of first -hand residential houses was 3.037 million square meters, a year -on -year decrease of 41.79%.

"Some real estate even launched a 5%down payment ratio as a marketing method. In Zengcheng District, Huadu District, and Conghua District, some real estate only needed 780,000 heads to pay to" get on the car "." Li Liu introduced.

In fact, not only the "low down payment", the recent Huizhou also issued a hot search because of the "zero down payment".

Related reports show that the "biggest discount ever in history", located in Dongfang Platinum Yuefu, Huiyang District, Huizhou, has a zero down payment, and the parking space is about 8700-9700 yuan/square meter after the sale is sold.For comparison, the average record price of the project was as high as 15,200 yuan/square meter.

Due to the large price reduction, Oriental Platinum Yuefu triggered a complaint incident.At present, the promotional activity is stopped, and the real estate has been locked, and unrealized houses are in a state of "non -selling (lock)".

In the early morning of May 21, the Housing and Urban -Rural Development Bureau of Huiyang District issued a notice on rectifying the real estate market and severe investigation and punishment of illegal sales behavior. The specific content includes strictly forbid development enterprises and intermediary agencies in the transaction of commercial housing transactions.The down payment, zero down payment, and intermediary agency marketing back payment and other behaviors.

In addition, if the intermediary (intermediary) releases information such as illegal sales such as illegal and illegal sales and assist real estate development enterprises in violation of regulations, the Huiyang District Housing and Urban Construction Bureau will cancel its real estate brokerage institution for the filing certificate.

Yan Yuejin believes that because the current property market is in the downward stage, under the pressure of atrophy, inventory backlog, and increasingly tightening capital chain, it naturally has spawned various marketing gimmicks, which is also a helpless move in response to the market situation.

According to Kerry data, in 2022, 69 typical listed real estate companies, 34 real estate companies' net profit losses, accounting for nearly half, further expanded from 10 net losses in 2021, of which 13 are listed on the market.The net profit loss of real estate companies exceeds 10 billion yuan in 2022, and there are 9 companies with a loss of net profit for two consecutive years.

Lawyer: Maybe the money house is empty

As early as 2017, the Ministry of Housing and Urban -Rural Development, the Central Bank, and the China Banking Regulatory Commission jointly issued a notice on regulating the financing of house purchase and strengthening anti -money laundering work.Essence

But in fact, for people who do not have enough funds in their hands, whether they are "negative payment" or "low down payment" and "zero down payment", they are undoubtedly a very tempting concept.But in fact, there are many potential legal risks behind this.

In 2022, the Shangdu police station of the Fuzhou Public Security Bureau of Fujian Province cracked a routine loan case with "zero down payment" as a gimmick..The case involved 4 real estate and 8 victims, and the amount involved was nearly 700,000 yuan.

At the beginning of 2019, Ms. Fang, who bought a house, accidentally saw an advertisement for a company's "zero down payment".Under the temptation of "low interest, no guarantee, no mortgage", Ms. Fang was excited and immediately proposed the intention of buying a house.

But on the date of repayment of the mortgage, Ms. Fang found that the mortgage showed no need to return.Going to the bank to check, she was surprised: her house has been rested.

In fact, the fraud gang deceives customers to buy a house in the name of helping the first payment (that is, "zero down payment" to buy a house, allowing customers to sign a lot of content of discourations, commitments, attorney, and house purchase contracts for the content of the content.After the house was transferred, the company guided customers to handle notarization, decoration loans and credit loan procedures for "industry rules", and to deceive customers to cash out the loan to the company for unified "repayment".When the amount is over, the company is convenient for the presence of notarization and other materials to be commissioned by the housing sale, and the property is transferred to others.

"The blank contract signed in the early stage is often changed to a borrowing contract by the suspect. In addition, the notarization of the house selling is notarized.Police Lin Zhongqiang explained, "From a civil perspective, the" evidence 'obtained by the criminals through scams alone is valid. "

In this way, the criminals can be sold and transferred to the victim's real estate in a mandatory manner, and the victims who have been in the drum not only lose the property, but also bear a foreign debt for this.

According to Wang Yuli, at the practical level of "negative payment", "low down payment" and "zero down payment", in order to obtain the trust of the buyer and pass the loan approval of the bank, the general development chambers will sign two contracts with the buyer. OneA contract containing real prices and a contract containing virtual high prices.

Among them, contracts containing real prices are used to issue receipts and invoices for buyers, including false contracts that make high prices and other materials to provide banks to apply for loans.

But the signing of the "Yin and Yang Contract" itself is illegal. Wang Yuchen said that the bank found that the loan will not be approved and may affect the personal credit of the buyer.

"Even if the bank approves the loan, the amount of the application for loans has increased, increasing the debt cost of the buyer, and the principal and interest returned will increase. In fact, the cost of buying a house will be increased." He said.

Liu He, a loan manager of a certain branch of Agricultural Bank of China, told China News Weekly that the bank will only issue a loan for buyers who use their own funds as the down payment, and "cannot be checked" for the source of mortgage down payment.

They usually ask lenders to provide proof of income and banks for half a year, and at the same time check the loan records of myself and their spouse's loan and consumer loan before the down payment."If there is a loan record, you must pay off in time and have a settlement report. The large overdraft of the credit card cannot be available."

He revealed that at the beginning of the year, the bank would moderately relax the loan approval scale. "At that time, the loan amount was relatively sufficient, and we would pass the basis for the basis.It will increase the threshold for loan application. If the borrower's comprehensive credit is not particularly good, it is easy to be rejected by banks. "

Liu He said that the bank still has strict requirements on the source of the down payment. They have special departments to verify the source of the down payment. If there is a problem with the verified materials, the bank may refuse to issue a loan.

Wang Yuchen added that because the "negative payment" and "zero down payment" itself were suspected of violations of laws and regulations, the purchase contract and loan contract signed may be lifted or identified invalid."Buyers will not only face the risk of developers who have the right not to pay the subscribed house, and cannot obtain the risk of subscribing to the ownership of the house. After the loan contract is lifted, the risk of repaying all the loans in the face of the bank will also face the bank." He said.