Case 1: Xiao Wang recently bought a three-bedroom apartment outside Beijing's Fifth Ring Road with an area of 150 square meters and a transaction price of 1.5 million yuan. However, at the time of the online signing of the Housing Management Office, the price signed by Xiao Wang and the original homeowner was 750,000 yuan. "The online contract is a fake contract, and this price is mainly used to avoid tax." Xiao Wang explained that the original homeowner spent 750,000 yuan to buy the house, and 750,000 yuan is the lowest tax price recognized by the tax department for the house in this area. "According to the deed tax, which is 3% of the transaction price of the house, the deed tax alone can be paid 22,500 yuan less. By making the house price lower, the business tax that was originally required to be paid is also gone." Xiao Wang said proudly.
From June 1, 2005, in order to stabilize the real estate market, China began to implement differential taxation of ordinary commercial houses and non-common commercial houses, and imposed sales tax and personal income tax on the sellers, which greatly increased the tax burden of non-common commercial houses and sellers. The transferor's tax burden was passed on to the transferee. Therefore, in order to pay less taxes, buyers and sellers resorted to low-price housing to evade taxes, and covered the real purpose of the law with the guise of "tax avoidance." The usual method of operation is to sign a "yin and yang contract" between the buyer and seller, or to sign a "main contract" and a "supplementary contract". Signing a "yin and yang contract" means signing a contract with a lower total house price as a "yang contract" for handling transfer procedures, and at the same time signing a "yin contract" that reflects the real transaction price. Signing the "main contract" and "supplementary contract" is more convenient. Buyers and sellers only sign a false sales contract to complete the transfer formalities, and the real transaction price is agreed by signing a supplementary agreement.
The lawyer reminded that such a "tax avoidance" method is illegal, and there must be illegal costs in violation of the law. Once it is found out, it will not only make up for the taxes payable, but also face high fines. What is more serious is that this so-called "tax avoidance" method has caused a certain number of disputes in recent years. Before the transfer, you must first verify the tax. If you fail to pass the tax, you will not be able to trade. Disputes will naturally arise. Whoever will bear the extra taxes will be the focus of the dispute between the two parties. In addition, if you buy a house through a loan, the down payment is paid at the real house price, and the bank that delivers the loan must send a real estate transaction transfer contract. If there is a discrepancy between the down payment and the sales contract, the loan cannot be approved by the bank. May also cause disputes between the two parties.
In summary, in the transaction process of second-hand housing, it seems that saving money on the surface of low housing prices is actually a legal trap. Once it falls into, it will cause endless troubles.
The "loan" trap
Fake income proof is not credible, high house prices are not desirable
Case 2: Ms. Song is a company white-collar worker with a monthly income of 6,000 yuan. I recently bought a two-bedroom apartment with a proposed loan of 800,000 yuan and a term of 20 years. The bank required her monthly income to be at least 10,000 yuan. In order for the loan to be approved, Ms. Song found the company's finance director and issued her an income certificate with a monthly income of 10,000 yuan. As a result, the bank still did not approve Ms. Song's loan request because the monthly income exceeded 10,000 to meet the requirements for reporting personal income tax, and the bank learned through inquiry that Ms. Song did not appear on the tax list. The bank's explanation was that either Ms. Song's income certificate was false, or Ms. Song was suspected of tax evasion, and both of these were manifestations of the applicant's bad credit.
When buying and selling second-hand homes, most buyers use loans to pay for part of their home loans. However, because banks have certain standards for checking mortgages, such as the ability of buyers to repay, credit status, age, and value of homes, there are some buyers. It is not always possible to obtain a home purchase loan, which also raises some pitfalls.
Judging from the approval requirements of each bank for a home purchase loan, the monthly repayment amount needs to match the income certificate, for example, the monthly income is double the monthly repayment amount. The income of some home buyers may not meet the requirements of the bank, so they can only use fake income certificates for home purchase loans.
The lawyer reminded that once the fake income certificate is provided by the bank, it may enter the blacklist of bad credit. Not only will the loan not be approved, but it will also become an obstacle to future loans. Therefore, when buying a house loan, you should first consult the loan bank, and do your best to prevent fake income certification from becoming a trap that affects transactions.
Case 3: Mr. Zhou of Nanchang, Jiangxi recently purchased a house near a unit, with a transaction price of 400,000 yuan. When applying for a loan from a bank, the transaction price provided by Mr. Zhou was increased to 550,000 yuan. However, the bank's appraisal price for this property was 350,000 yuan, and the loan granted to Mr. Zhou was 240,000 yuan. "I took this risk and signed this 'high house price agreement' with the original homeowner. I never thought that I had never lied to the bank." Mr. Zhou smiled bitterly.
Compared with tax evasion and low house prices, some buyers will also deliberately collude with Shangjia to make high house prices. The method is basically similar to low house prices. The purpose is to obtain a higher mortgage.
The lawyer reminded that it is against bank mortgage regulations to raise house prices. The down payment for second-hand housing is required in proportion. At present, most banks stipulate that it is 30%. Doing high house prices is undoubtedly a "deceptive loan" and must bear corresponding legal liabilities. In addition, after the bank's evaluation of the real estate, the actual value is not as high as the contract price, and buyers may not be able to obtain the expected percentage, which may easily lead to disputes between the two parties in the transaction.
Verbal promises are unreliable
Case 4: Through a real estate agency, Mr. Zhang of Tianjin fancy a three-bedroom apartment with a transaction price of 800,000 yuan. The intermediary company stated that this house can be loaned to a minimum of 500,000 yuan. Mr. Zhang soon signed a house purchase agreement and paid an intermediary company a down payment of 300,000 yuan. However, I encountered trouble when applying for a bank loan. According to Mr. Zhang's repayment ability and the value of the house, the bank only approved 250,000 yuan in loans, leaving a gap of 250,000 yuan. Mr. Zhang is in a hurry, hoping to check out and get back the intermediary fee and down payment previously paid. The intermediary said that the agreement did not guarantee that you could get the loan, the intermediary fee and the down payment could not be refunded, and the gap of 250,000 yuan could only be solved by Mr. Zhang himself. Mr. Zhang is now blank.
In order to facilitate the transaction, the intermediary company will make some verbal promises, such as guaranteeing that the buyer can obtain a certain amount of loan, etc. As the professional real estate broker and real estate intermediary agency, the buyer often trusts the buyer. However, these commitments of the intermediary are not fixed in writing, and there is no responsibility at all. Once the commitment cannot be achieved, the buyer is still responsible.
The lawyer reminded: Before signing the contract, you must have a clear understanding of the real estate situation and your own economic strength and loan capacity. You must not listen to the verbal commitment of the intermediary, so as not to cause unnecessary trouble.
Case five: Through a real estate agency, Ms. Sun from Zhengzhou, Henan, looked at a two-bedroom apartment. But because the listing price of another intermediary company was slightly lower, Ms. Sun entered into a transaction with another intermediary company and paid the intermediary fee. But shortly afterwards, the intermediary who had previously shown Ms. Sun to the house brought Ms. Sun to court, demanding that she be held liable for breach of contract and win the case. It turned out that when viewing a house, Ms. Sun signed the house-viewing form provided by the intermediary, and this seemingly insignificant house-viewing form was actually an intermediary agreement with no termination period, which clearly agreed to use the other intermediary company to sell the same For houses, they must bear the same amount of liquidated damages as the agency fee.
When buying any second-hand house, the buyer must first look at the house first, and then make a purchase decision after the house is satisfied. In most people's concepts, the buyer and seller should pay the intermediary fee if the transaction is successful, otherwise, the intermediary fee is not required. Intermediary companies usually require the buyer to sign a house purchase order before taking the house with the buyer. Most buyers will ignore the specific content of the house purchase order and easily sign it. There is also a mystery on the house purchase order. Some house purchase orders even agree that after the house purchase, as long as the house purchaser eventually purchases the house, whether or not the transaction is reached through the agent, they must bear the equivalent of the agent fee or a certain amount. Liquidated damages.
The lawyer reminded: When signing the "looking at the house list" and signing the intermediary agreement, we must first look at the specific content, not take it for granted. In order to protect their rights, intermediary companies often stipulate in the intermediary agreement a variety of content that both parties to the contract should be held responsible for breach of contract. This is understandable, but buyers or sellers must also keep a clear head, otherwise it is easy to fall into Traps caused by negligence.
It is best to sign the contract in person.
Case 6: Without seeing the homeowner, Mr. Cao of Taiyuan, Shanxi, and the intermediary signed a house purchase intention agreement. The intermediary promised verbally that taxes and intermediary fees shall be borne by both the buyer and the seller. But when Mr. Cao got back the tripartite agreement, he found that the space after the last "other agreement" in the agreement of intention was still blank when he signed it. After the seller signed it, he added "All the taxes and fees in the transaction are made by the buyer bear". Mr. Cao did not agree, but it was difficult to argue.
When the intermediary company intends to purchase a house, the intermediary company will not rush to urge the buyer to sign a pre-made triplicate format intention agreement, and the buyer will pay a small amount of intention money. After the buyer has agreed to sign, the deposit of interest is converted into a deposit. However, in order to avoid the situation where the buyers and sellers meet early and skip the private transaction of the intermediary, the intermediary also looks for ways to protect their rights and interests to facilitate the transaction between the two parties. First, the buyer and the seller are not allowed to meet. Signed to the seller, and after the buyer signed, the tripartite intention agreement was taken away by the intermediary.
The lawyer reminds: Because the format agreement is prepared in advance, it will leave space for filling in, so the buyer who signed the contract must pay attention to the space that does not need to be filled out, and do not leave blank spaces. Of course, the signing of the contract should be carried out in the presence of all three parties, and an original copy should be kept on the spot to avoid unnecessary trouble.