2007 version of second-hand housing model contract (including the “contract for the sale of second-hand housing in Shenzhen City” and “second-hand housing in Shenzhen appointment trading and intermediary service contract”) on August 1 opening月余has been implemented. The new requirements, all the second-hand housing transactions through “second-hand housing in Shenzhen online trading system,” signed a new contract, the original contract for the sale of second-hand housing model text at the same time stop any other printed, handwritten version of the contract are not allowed to continue to use it. Make unannounced visits to the reporters yesterday found that a number of intermediary companies did not follow suit provisions, signed “阳阴contract” widespread phenomenon.

survey

signed a new contract just to be like

yesterday, the reporter interviewed a multi found that although the contract calls for a very detailed However, many real estate transactions were omitted omitted both sides, in order to avoid tax, the intermediary company to allow buyers and sellers in the new contracts signed, while the real implementation of the tripartite signing of “Yin” contract. Part of an intermediary told reporters that this can enhance the efficiency of their own in order to avoid trouble.

contract price is still photo

stars Yan real estate Nanshan a branch of Mr. Lee told reporters that their own private, signed a contract for the sale, the Land Bureau of the contract according to play according to signed, a tax did not come out before the album is a private contract price, or the land department to write the price of real estate certificate, otherwise那么傻Who? In a joint real estate branch of the Fan Fukuda told reporters that the buyer the seller directly to sign a tripartite contract of our company, which is identical to the past.

reporters interviewed a number of transactions has found that many new contracts in mind the contents of the good and did not let buyers and sellers to “appreciate”, some intermediaries are also adding fuel to the flames, Centaline Property Lo branch staff to tell who was to fill the contents of The buyers said: “You fill in so many is of no use, white wasted time.” reporter subsequently found that the consumer fill out a housing on the sale of furniture attached form, the contract should be used as attachments, have also been placed side, staff members said their keep this form, nothing is useless. The intermediary told reporters, and some customers, many projects have become the default blank, such as credit lines and so on.

contract amount has become a numbers game

property registration center at Lo Wu opposite an intermediary company, the reporter met a purchase Housing who is going to change the contract to print. The original is the buyers of real estate price is 20 million yuan, 350,000 yuan while but now transfer to a bank loan of 30 million print contract intermediary staff told the buyers: “more than the original loan amount prices, this would be the Land Bureau found that the price of your problems. “

subsequent requests the intermediary to buy a house will contract the amount of bank loans to fill the first payment of 10 million, loan amount 100000, which were asked to buy a house, said: “This will not be any problem?” intermediary companies to print contracts of staff said that these are looking to the Land Bureau, the banks will not look at this contract, the work Staff also said that part of the contract written in the simpler the better figures, for example, was a loan, but they can not fill in the contract, print the same contract can be completed through the transfer of the Land Bureau.

intermediary intermediary side to avoid the risk of not

Although the new contract stipulates that the intermediary’s remuneration is divided into the necessary fees and commissions. Necessary expenses in the signing of “intermediary contract” at the same time, were paid by buyers and sellers. Pending the signing of “Contract” after the payment of a commission. As a result of intermediary side fault or breach of contract led to the two sides failed to sign a “contract of sale”, the intermediary must return to the buyers and sellers need to double the cost.

However, in an interview, a Miss Liu told reporters buyers, intermediaries are unwilling to side as an intermediary. According to Miss Liu, the printing contract, the intermediary should be made to all of the intermediary fees to pay, so be able to help her continue indefinitely, so desperation, Miss Liu to pay the commission only after the beginning of printing contracts. The intermediary side intermediary company said there is no need to fill out the intermediary companies, followed by the Land Bureau in the registration center to submit the contract, the intermediary also told Miss Liu: “to submit the contract, if the bureau’s staff members asked whether through an intermediary, to tell they did not through an intermediary company. “

AP real estate companies Lo branch staff told reporters that this is mainly want to avoid the risk of an intermediary, because intermediaries are aware of the contract to avoid a tax, in order to avoid future punishment by the Housing Society, so the key to submit the contract to hide his identity as the intermediary side.

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new contract to protect the interests of consumers

It is learned that all second-hand housing Sale of real estate brokerage agencies are required to pass a print, the city issued by the competent authorities have filed certificates, business license and “contract for the sale of second-hand housing in Shenzhen Print points designated” brand real estate brokerage agencies a total of 50. The buyers and sellers on its own transactions, can choose a designated agencies Doug contracts, real estate agencies without undue refused, and can only be collected by the fee.

new contract is divided into intermediary booking contracts and contract for the sale of two parts. Intermediary booking contract is related to the contract the city’s first formatted text. Intermediary booking contracts that correspond to second-hand housing buyers and sellers and real estate brokerage agency contracts, but many of them are content with the provisions of a contract for the sale agreement. The contract involves very detailed, including the contract shall be present at the tripartite, intermediary fees collected in two parts, an extension of payment or submitted to pay liquidated damages, there is a list of real estate transfer, the transaction price regulation, attached to second-hand housing account, places, buyers and sellers should bear the tax and other issues.

person in charge of relevant departments, said the new contract will help to solve the old contract “King terms”, “contract traps” and “Yin Yang Contract” and so on.

parties say

Shenzhen City Real Estate Association, the Secretary-General Zhang Wenhua: the number of new contracts introduced to curb the role of house prices to a certain extent, in August compared with the second-hand property transactions 7 fell by 60%. But the new understanding of the contract, both buyer and seller needs to be a certain period of time, for the intermediate term, they are familiar with the process should have a process.

now, there are still some such cases: the model had signed the contract, the intermediary and the buyer and seller will sign a supplementary agreement, which is equivalent to two sets of contract, but buyers and sellers of risk is considerable, If a problem with private supplementary provisions will lose the force of law.

the past month we have not received complaints on the yin and yang contract, if reported, land law enforcement departments will go investigated and, if verified, a suspension of real estate broker qualifications, serious banned.

Shenzhen City, deputy director of the Inland Revenue Department s home life: Recently, the Government rent and land will jointly launch a more stringent tax regulation, the yin and yang properties may contract would produce a certain curbed.

an intermediary company in Shenzhen, a person in charge: In the face of the high level of personal income tax, many private buyers and sellers are sure to reach a tacit understanding that if a regulator must be properly, you need information transparency, and the Land Bureau and Inland Revenue Department as well as the banks are able to form a shared network, so that yin and yang, the contract will be able to vanish completely.

new purchase contract yesterday also be drilled loopholes?

new version purchase contract for more than a month, not as people had expected it to be perfect, but a lot of problems, “Yin Yang Contract” signed without fail. This is how in the end is going on?

second-hand housing in Shenzhen has gradually replaced一手房become the first choice for home buyers. According to statistics from related departments, January to May this year, the city’s second-hand housing transactions area of 5,135,600 square meters, an increase of 25.45 percent, second-hand housing transactions and the new housing area, representing a ratio of 1.6:1.一手房relatively speaking, second-hand housing transaction processing to a number of complicated and complex. An earlier version of the purchase contract was not a mandatory requirement, intermediaries fragmented, resulting in many disputes in the transaction process, a number of intermediary in the contract can add “King clause”, set up “contracts trap”, the signing of “Yin Yang Contract”, some home buyers also make use of intermediary companies intense competition repeatedly “jump list”, to avoid the commission. New purchase contract is in this background.

but surprisingly, this has been high hopes allegedly absorbed by the departments concerned intermediary companies from the current version used in the contract, based on the extensive solicitation of views from all sides, after 15 modification a new version of the completion of the purchase contract, or to allow some people to easily drilled loopholes, can not effectively prevent the “yin and yang contract” to happen. Many new contract transactions intentionally fails to fill in the blank, the amount of the cost of the basic phenomenon of digital games, making new versions of certain provisions of the contract exists in name only. Come up with some kind of intermediate policy provisions, so that consumers are in the process of the transaction to pay first half before the commission. Reason, most buyers are not professionals, in the face of a lot of complicated terms are often a bit dark, a lot of people is so hard to prevent falling into the trap of buying houses.

new purchase contract闹心people, of course, is not only the embarrassment of the market. There are loopholes in contracts is a connection, but more importantly, the relevant departments should conscientiously pipe up. The filling of non-filling, to provide for the online sign he was still signed on paper, how do the fouls also made it clear that there are so many people may be willing to take risks, buy sell willing to pay, for only one: tax evasion. That is to strengthen supervision, implement the system, so abused and price point of the ride.

Although there is a perfect system, but appear on the market of these new circumstances, it should be timely to find countermeasures, it is not, on to revision of Article 16.

Chinese version:咋又让人钻了空子 房产中介仍在玩“阴阳合同”

2007版二手房示范合同(包括《深圳市二手房买卖合同》和《深圳市二手房预约买卖及居间服务合同》)于8月1日启用，至今已实施月余。新的规定要求，所有的二手房买卖都通过“深圳市二手房网上交易系统”签订新版合同，原二手房买卖合同示范文本同时停止，其它任何印刷版、手写版合同均不得继续使用。而记者在昨日暗访时发现，多家中介公司并未照此规定执行，签订“阳阴合同”的现象广泛存在。

调查

签新合同只是做个样子

昨日，记者多方采访发现，虽然合同内容要求得很详细，但是不少房产买卖的双方都能省略则省略，为了避税，中介公司仍让买卖双方在新合同中签字，而真正执行的是三方签字的“阴”合同。部分中介告诉记者，这样能够提高办事效率，以免自己给自己找麻烦。

合同仍不写真实价格

星彦地产南山某分店的李先生对记者说，他们自己的买卖合同私下照签，国土局的合同也照打照签，个税没出来前，私下的合同写真实价格，国土部门的还是写房产证上的价格，否则谁会那么傻？中联地产福田某分店的范先生对记者说，买方卖方直接签我们公司的三方合同，这与过去一模一样。

记者通过采访多宗交易发现，许多新合同中初衷良好的内容并没有让买卖双方“领情”，一些中介也推波助澜，中原地产罗湖一家分店工作人员告诉一位正在填写内容的购房者称：“你填这么多是没有用的，白耽误时间。”随后记者发现，该消费者填写的一个关于所买卖的房屋附带的家具表格，本应作为合同附件，也被放置一边，工作人员称，这个表格自己留着，没有什么用的。该中介告诉记者，有的客户把很多项目都默认成为空白，比如xx额度等。

合同金额成为数字游戏

在罗湖房产登记中心对面的一家中介公司，记者碰到一位购房者正在更改打印的合同。原来是该购房者的房产原价为20万元，但现在则以35万元过户，向银行xx额为30万元，打印合同的中介工作人员告诉该购房者：“xx额超过了原房价，这样会被国土局发现你的价格有问题的。”

随后该中介要求此买房者将合同中的银行xx额填写首付款为10万，xx额为10万，该买房者询问称：“这样不会出现问题吗？”中介公司打印合同的工作人员则表示，这些都是交给国土局看的，银行也不会看这个合同的，该工作人员还表示，合同的部分数字写得越简单越好，比如本来就xx了，但可以在合同上不填，打印的合同一样可通过国土局完成过户。

中介不做居间方逃避风险

虽然新版合同中有规定，居间方的报酬分为必要费用和佣金。必要费用在签订《居间合同》的同时，由买卖双方分别支付。待签订《买卖合同》后才收取佣金。如因居间方过错或违约导致双方未能签订《买卖合同》，居间方必须向买卖双方双倍返还必要费用。

但是，在采访中，一位购房者刘小姐告诉记者，中介根本不愿意作为中间方。据刘小姐介绍，在打印合同时，中介提出来要把所有的中介费缴纳，这样才能够帮她继续办理下去，所以无奈之下，刘小姐缴纳了佣金之后才开始打印合同。该中介公司表示居间方没有必要填写该中介公司，随后，在去国土局登记中心递交合同时，该中介还告诉刘小姐：“递交合同时，如果国土局工作人员询问是否通过了中介，要告诉他们没有通过中介公司。”

美联地产公司罗湖一家分店的工作人员告诉记者，这样的情况主要是希望避免中介的风险，因为中介都知道该合同避免了个税，为避免在未来遭到房协的惩罚，所以在关键的递交合同中，隐藏了自己作为居间方的身份。

相关链接

新合同保障消费者利益

据了解，目前所有二手房买卖合同均须通过房地产经纪机构打印，我市有主管部门核发的备案证书、营业执照及“深圳市二手房买卖合同指定打印点”牌的房地产经纪机构共有50家。而买卖双方自行成交的，可任选一家指定机构代打合同，房地产经纪机构不得无故拒绝，并且只能按规定收取工本费。

新版合同分为预约居间合同和买卖合同两部分。预约居间合同是我市相关合同的{sg}格式文本。预约居间合同相当于以前二手房买卖双方和房地产经纪机构签订的合同，但其中很多内容与买卖合同所规定的一致。合同内容涉及非常详实，包括签合同时三方应在场、中介费分两部分收取、延期交款或交房须付违约金、房地产交接有清单、交易价款的监管、附着于二手房的户口、学位问题、买卖双方应承担的税费等问题。

相关部门的负责人表示，新版合同有助解决旧合同中的“霸王条款”、“合同陷阱”和“阴阳合同”等问题。

各方说法

深圳市房地产业协会秘书长张文华：新版合同的实行多少对抑制房价起了一定作用，8月份二手楼的交易量比7月份下降了60%。但对新版合同的了解，买卖双方还需一定时间，对于中介来说，他们熟悉流程也要有个过程。

现在仍然存在一些这样的情况：在签完示范合同后，中介与买卖双方还会再签一个补充协议，相当于两套合同，但买卖双方的风险是相当大的，如果出了问题，私下的补充条款会丧失法律效力。

一个月来我们还没接到关于阴阳合同的投诉，如有举报，国土执法部门会前去调查，一经查实，吊销房产经纪人资格，严重的予以取缔。

深圳市地税局副局长章家寿：近期，地税和国土局将联合推出更为严格的个税征收监管方式，可能对房产的阴阳合同会产生一定的抑止。

深圳某中介公司的一位负责人：面对高额的个人所得税，不少买卖双方私下达成默契是免不了的，如果要监管得当，则需要信息透明，并且国土局和税务局以及银行能够形成共享的网络，才能够让阴阳合同彻底消失。 

新版购房合同咋又让人钻了空子?

新版购房合同实施一个多月了，并不像人们当初预想的那么xx，而是出现了很多问题，“阴阳合同”照签不误。这到底是怎么回事？

目前深圳二手房已逐渐取代一手房成为置业者的{sx}。据有关部门统计，今年1-5月，全市二手房交易面积达513.56万平方米，同比增加25.45%，二手房与新建商品住房交易面积的比例为1.6∶1。相对一手房来说，二手房交易手续要复杂和繁琐一些。旧版购房合同不是强制性规定，中介各自为政，造成交易过程中纠纷众多，一些中介在合同中随意添加“霸王条款”、设置“合同陷阱”、签订“阴阳合同”，部分置业者也利用中介公司的激烈竞争屡屡“跳单”，逃避佣金。新购房合同正是在这样的背景下产生的。

但令人意外的是，这个被寄予厚望的、据称由有关部门在吸收借鉴当前中介公司所用合同版本的基础上，广泛征求各方面的意见，历经15次修改而完成的新版购房合同，还是让一些人很容易地钻了空子，未能有效避免“阴阳合同”的出现。很多交易新合同空白故意不填、金额费用基本成数字游戏等现象，使得新版本合同的某些条款形同虚设。一些中介拿出政策条文，让消费者在办理交易之前就先交一半佣金。按理说，购房者大都不是专业人士，面对一大堆复杂的条款往往有点蒙查查，很多人正是因此而掉进防不胜防的购房陷阱。

新购房合同让人闹心，当然不仅仅是市场的尴尬。合同文本有漏洞是一个方面，但更重要的是有关部门要认真管起来。该填的不填，规定在网上签他还是在纸上签，犯规了该怎么办也说得清清楚楚，可就是有那么多人甘愿冒风险，买的卖的一个愿打一个愿挨，为的只是一条：偷税。那就是要加强监管，让制度落到实处，让钻空子的搭点代价。

虽然说制度完善有一个过程，但对市场上出现的这些新情况，应该及时找到应对之策，实在不行，就来个第16次修改。

2007-09-06