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These 8 unspoken rules reflect the basic laws and accounting characteristics of real estate developers, and if you are familiar with the 8 rules, you are a real estate veteran, and you can freely comment on real estate investment. If you know more than 4 of them, you have a certain understanding of real estate.
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A real estate developer is actually an enterprise that focuses on real estate development and sales. Developers in the real estate industry, except for the work of housing design, which do not need to be completed by the developer, are basically formulated and decided by the developer, including the selection of the planning location of the house, the declaration of the project, etc.
Urban real estate development enterprises shall apply for the verification of enterprise qualification level and hold the "Real Estate Development Enterprise Qualification Grade Certificate" issued by the competent construction department. The "Provisions on the Administration of Qualifications of Real Estate Development Enterprises" divides the qualifications of real estate development enterprises into five levels, of which:
Enterprises at the first, second, third and fourth levels can engage in urban real estate development business, while enterprises at the fifth level can only engage in the real estate development and operation of villages and towns in their own areas.
The real estate developer has obtained the "pre-sale license" to prove that the project has passed the approval in terms of planning, engineering, land use, etc., and has the qualification to enter the market for the development of commercial housing. According to the relevant laws and regulations of commercial housing transactions in Beijing, developers can only sign a formal "pre-sale contract" with customers if they have a "pre-sale permit".
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1. What are the requirements for being a real estate developer?
1. The conditions that need to be met for the development of real estate are:
1) Have a name and organizational structure that meet the company's legal person registration;
2) There is a fixed office space to meet the needs of real estate development and operation;
3) The registered capital is more than 1 million yuan, and the working capital is not less than 1 million yuan;
4) There are more than four full-time technical personnel and more than two full-time accounting personnel.
2. Legal basis: Article 23 of the Company Law of the People's Republic of China.
To establish a limited liability company, the following conditions shall be met:
1) The shareholders meet the quorum;
2) There is a capital contribution subscribed by all shareholders in accordance with the provisions of the company's articles of association;
3) Shareholders jointly formulate the articles of association;
4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company;
5) Have a company domicile.
2. What conditions do developers need to meet to complete the delivery?
The delivery of the house must meet the statutory and agreed conditions for delivery and use, and it cannot be simply understood literally that the seller will transfer the house to the buyer's possession at the agreed time. The delivery of the house must meet the conditions of delivery and use. The condition of delivery and use refers to the complete function of the house to be used according to the nature and purpose of the house.
In the case of the sale and purchase of non-commercial housing, since the non-commercial housing is usually not a newly built house, it often has the general conditions for delivery and use, so the conditions for delivery and use are mainly determined by whether the parties have a special agreement on the conditions for the delivery and use of the house.
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When it comes to developers, many people think of selling trembling houses, and the main thing that developers do is to build the house and then sell it to buyers. However, if you want to delve into the specific work of the developer, maybe many people are not able to tell the truth, today I will introduce to you what the developer does and the qualifications of the real estate developer.
1. What does the developer do?
1. Real estate developers are actually enterprises with real estate development and sales as the main body, and obtain certain profits through the process of development, and relatively speaking, the profits are relatively high.
2. Not every enterprise can set up a real estate development company, and if you want to start such a business, you need to meet some qualifications, and the qualifications are divided into 5 levels. After obtaining the grade, you can engage in the business of real estate development, and if you have obtained the qualification of level 5, you can engage in the real estate development business of the countryside and small town in the city where you are located, and the business scope is different.
3. When buying real estate, you first need to check whether the developer has the relevant qualifications, you must have five certificates and one book, and the relevant departments will also check whether the developer has the corresponding qualifications, and the developer will issue relevant certificates, and at the same time, you must also look at what level of enterprise the developer is in, generally speaking, you must choose a first-level or second-level enterprise.
Second, what to do with the qualification of real estate developers.
1. If you want to obtain the qualification of a real estate developer, you must prepare complete materials, and the real estate development enterprise needs to prepare an application form, prepare the company's rules and regulations, as well as the articles of association, and submit them to the relevant departments for inspection. In addition, it is also necessary to provide some employment documents of the company's legal representative and other managers, including work documents.
2. Real estate developers need to prepare a fixed office, and they must prepare relevant qualification certificates, labor contracts, and some certificates for paying social security, and submit them to relevant departments for review. First of all, it needs to go through the preliminary examination, then the review, and finally report to the Provincial Construction Department for approval, and finally get the relevant qualification certificate.
Summary: Through the introduction, I believe that everyone has an understanding of what real estate developers do, and what steps and processes they need to go through if they want to obtain the qualifications of real estate developers.
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Legal analysis: A real estate development enterprise is an enterprise engaged in real estate development and operation for the purpose of profit. The establishment of a real estate development enterprise shall meet the following conditions:
a) have their own name and organizational structure; (2) Have a fixed place of business; (3) Have a registered capital that meets the requirements of the first grade; (4) Have sufficient professional and technical personnel; (5) Other conditions provided for by laws and administrative regulations.
Legal basis: Article 23 of the Company Law of the People's Republic of China The establishment of a limited liability company shall meet the following conditions:
1) The shareholders meet the quorum;
2) There is a capital contribution subscribed by all shareholders in accordance with the provisions of the company's articles of association;
3) Shareholders jointly formulate the articles of association;
4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company;
5) Have a company domicile.
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As a manager of a real estate development company, I learned the following operational processes:
1. Land acquisition (the way of state transfer: hanging the model plate, agreement transfer, bidding, auction). At present, the two land parcels I manage have been acquired by way of agreement transfer.
2. Legalization of development procedures (i.e., pre-procedures, industry words: running in the early stage, running broken legs.) The first departments involved are: Planning Commission, Land Bureau, Civil Air Defense Bureau, Fire Bureau, Environmental Protection Bureau, Transportation Commission, Cultural Relics Bureau, Construction Commission).
The purpose is to obtain four certificates: real estate property certificate, construction land planning permit, construction project planning permit, and construction project commencement permit.
3. Start construction (involving majors: civil engineering, mechanical and electrical, intelligent, fire protection, civil air defense, flood lighting, hardcover, landscape, etc.).
4. Planning and acceptance.
5. Completion acceptance.
6. For residential: If there is plus or minus zero, you can apply for a pre-sale Qi Chen license Gaopi Zen certificate and sign a house purchase contract with the owner. For public buildings, investment can be attracted during the general construction process, but after the completion and acceptance, the precise time for the enterprise to settle in can be determined.
Summary: The above is just the process, there will be intricate problems in the specific construction process, and the result of the operation is to maximize the interests of the developer.
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Real estate developers are mainly based on real estate development and operation, and in the process of implementing development, these developers will obtain corresponding profits. However, not every enterprise can set up a real estate development company, and if you want to set up a developer enterprise, you must meet some qualifications. The qualifications of general developers can be divided into 5 levels, after obtaining the corresponding level, you can engage in real estate development, if you obtain 5 qualifications, then you can engage in real estate development business in rural towns in the city, and the scope of each level is actually different.
In the past few years, real estate developers have indeed made more money, because in the past few years, the domestic real estate market has been relatively good, and the speed of housing prices is also very fast, and many developers have made a lot of money. However, in recent years, real estate developers have not been particularly profitable, because the domestic real estate market is not particularly prosperous, many real estate projects cannot be sold at all, and even many large developers have declared bankruptcy and reorganization. As you can see, investing in the real estate market is not a good decision now, and if you have extra money, you can consider some other investments.
If the real estate developer goes bankrupt, then the owner can solve the problem through legal means, first the owner needs to figure out the ownership of the property rights, and then the owner needs to unite so that the legal support can be maximized. If there is only the possibility of unfinished development, then the developer can be given a little more time for the developer to raise more funds, so that the follow-up works can also be completed. If the developer does not have the ability to complete the follow-up project, he can directly return the house to the developer, and if he can't get the purchase price, he can get a receipt, so that in the future, after the developer declares bankruptcy, the assets will be auctioned by the court, and the consumer will be more likely to get the compensation than the ordinary creditor.
Please refer to the details for details.
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