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Various "Gifts" Of Developers

2010/10/2 11:16:00 59

Developers

As a kind of

Promotion means

Developers are buying property buyers.

Promote housing

In the process, it often attracts buyers with various contents.

JINGWAH real estate summarizes the various "giving" behaviors of developers in the Beijing real estate market, which are divided into misleading, tort, exemption, involvement and ineffective types, which are analyzed by lawyers and put forward corresponding suggestions for buyers.


1, tax and fee free gift cases: a developer in a district promotes such sales promotion: "buyers are exempt from deed tax, stamp duty and paction fees."

If developers fail to fulfill their commitments, will buyers refuse to pay?


Analysis: in the process of buying and selling houses, the buyers involved

Taxation

Mainly include: deed tax, stamp duty, service fee, property certificate fee and so on.

These taxes and fees are usually handed over to developers with the rent.

But unlike housing, these taxes are collected by developers on behalf of the state and not owned by developers.

More important difference is that these taxes and fees are charged according to the relevant laws and regulations. Buyers must pay, pay amount and payment time are mandatory provisions, developers and buyers have no right to negotiate changes.


Article 1 of the Provisional Regulations on deed tax in People's Republic of China stipulates: "the units and individuals that pfer land and house ownership within the territory of People's Republic of China shall be paid taxes according to the provisions of these regulations."

Article 1 of the Provisional Regulations of the People's Republic of China on stamp duty stipulates that "the units and individuals who have established and accepted the vouchers listed in these regulations in People's Republic of China are all taxpayers who pay stamp duty, and shall pay stamp duty in accordance with the provisions of these regulations."

As can be seen from the above provisions, buyers are legal defaults and stamp duty taxpayers.


Developers promise to exempt buyers from taxes, such as deed tax, if it means that the developer pays for the purchase, which is legally allowed.

But assuming that developers fail to fulfill their commitments, buyers can not refuse to pay, because developers' commitments are not binding on the government.

Buyers must pay their own property before they can handle the property rights formalities.

Then we will investigate the responsibilities of developers.

If developers do not mean to pay on behalf of, it is an invalid commitment, has constituted a fraud, buyers should be more careful.


Suggestion: the simplest and most secure way for developers to give such a "gift" to developers is to allow developers to exempt from taxes and fees instead of lowering housing prices, and to send them to the public in a darker way.


Conclusion: giving is the act of giving property to others without compensation.

A gift contract is a legal adjustment of moral behavior.

People's understanding of donates is generally free of property.

In commercial activities, the so-called giving is often conditional giving. The operator uses people's good understanding of the complimentary behavior to achieve the purpose of promotion, which often contains certain risks.


JINGWAH real estate has continuously launched seven types of "giving" analysis for developers. These seven types are different in form and different in character, but their common features lie in the risk of buyers: violating the rights and interests of others by giving gifts to the garden; the gift of the platform is virtual; the bundled gift system concealed the concept; hidden risks are related to his type of donation; the matching gift department should have; the invalid gift is doomed to fail to perform; the tax and fee type gift is hard to ensure.


With the passage of time, more and more gifts will be presented by developers, and the risks will be different.

As a homebuyer, you may not be able to recognize the weird risks contained in the various gifts. But you must remember some simple proverbs in life, such as "no free lunch in the world" and "wool on sheep".


Here, I would like to remind you that when you see all kinds of gifts presented by developers, you should keep a clear head and think calmly. If necessary, you can make relevant legal advice to the relevant functional departments or legal departments of the government, so that the risk will go away from you and your interests will not be damaged.

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