A way of shop investment Sale and leaseback, what is it?

Recently, in the provincial capital of Bingzhou Road, Wuyi Road, Yifen Street and other sections, there are often people to distribute property rights shops, shops "sale and leaseback" advertising leaflets, and even in the 10th Housing Exhibition, this kind of advertising leaflets are also secretly distributed, the high rate of return promised above, the leaseback period and the content of well-known brand merchants really attract the attention of the public.

Sale and leaseback is a means of real estate companies, mainly for people who cannot afford to buy a shop and want to do business.

Sale-leaseback is a marketing tool for real estate, mainly for those tenants or merchants who are not financially good.

Sale-leasebacks are for those who are not in a good financial situation. Sale-leaseback refers to the development enterprise to sell the commercial housing to investors, which is a high-yield and high-risk mode of operation, that is, a typical "sale-leaseback", rent offsets part of the selling price or pays a certain rental return of an investment method. Real estate development enterprises shall not sell commercial housing by way of return to principal sales or disguised return to principal sales.

In general, the purchaser will be:"One point of investment, ten percent of the return"。

Sale-and-leaseback is a high-risk business model. Hence the great affirmation of the right ("Great affirmation"It means that in the sale and purchase of commercial housing, real estate development enterprises shall not sell unfinished commercial housing by means of after-sales leasing or disguised after-sales chartering. LeasebackIf the leaseback business is an operating lease, the rent and selling price are determined according to the fair market value, or the sale and leaseback of a shop with a real estate certificate is not considered a violation.

Sale-and-leaseback is a type of operating lease. It means that after the investor has signed a shop sales contract with the developer (mainly for the existing shop), it is actually a normal sales transaction, and its profit and loss should be recognized immediately. The developer promises to give investors a certain amount of rental returns every year for the next three to five years, and the Ministry of Construction has made it clear that "after-sales chartering" and "promised returns" are prohibited in real estate advertising.

During this period, the operation, management and use rights of the shops are owned by the developer.

<> sale and leaseback page is also an investment method, mainly for those who sell their houses and are not financially good, and can rent back in the way that they have rented out during this time.

There is also an explanation: sale and leaseback refers to the fact that the developer will sell the commercial housing to the investor, and at the same time sign a lease agreement with the investor, and offset part of the selling price or repay a certain amount of rent with the rent during the lease period.

Sale-leaseback roughly means that the store signs a contract with the seller, and within a certain period of time, the seller's enterprise leases or leases the business.

It's a way to buy a shop and then rent it to someone else for rent.

It refers to the fact that after the investor has signed a contract with the developer for the sale of the shop, the developer promises to give the investor a certain rental return every year for the next three to five years.

The mall has not yet been built, the developer will run away, and the mall will not be finished.

Sale-leaseback, also known as sale-leaseback, sale-leaseback, and sale-leaseback, refers to the act of a real estate development enterprise selling commercial housing by leasing or leasing the commercial housing purchased by the buyer within a certain period of time.

It refers to the act of real estate development enterprises selling commercial houses by leasing or leasing the commercial houses purchased by the buyer for a certain period of time.

The lattice shop can't be sold, the location of the street shop is OK, and the location of the big community is OK.

Legal Analysis:1To find out how much the leaseback payment is, you have to calculate it on a case-by-case basis.

2.Take out the leaseback contract, which will have a clause or explanation for the leaseback. 3.

According to the content of the contract, both parties look carefully to see which party has the problem. 4. The two parties agree on a time, sit down in a designated place to negotiate, and sit down to talk with a harmonious and problem-solving attitude. It must be fair and impartial.

5.If the two sides don't want to give in to each other, accuse each other, and can't negotiate at all, then they should ask the judicial organs to coordinate the burial of the royal tree, in short, to solve the problem. 6.

While resolving these disputes, both sides should carry forward the spirit of humility, both sides should understand each other, and both sides should be based on the law, and never complicate matters.

Legal basis: Civil Code of the People's Republic of China

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The internal dismantling of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Article 706 Where a party fails to go through the formalities for the registration and filing of a lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.

Hello, how to protect your rights after buying a leaseback shop?

The developer of the purchased shop defaulted on the leasebackIt can be done to the local Ministry of Justice for prosecution or to coordinate privately

Back in 2001,The state has expressly prohibited the strange commercial real estate marketing model of "sale and leaseback", and the "Measures for the Administration of Commodity Housing Sales" stipulates that real estate development enterprises shall not sell unfinished commercial housing by means of after-sales chartering or disguised after-sales chartering.

But. In first-, second- and third-tier cities, although the "sale and leaseback" model has been legally prohibited, it has never been actually banned. Because, although the developer's commitment to lease back the shop is subject to contractual constraints, in fact, disputes often occur due to unforeseen risks such as internal changes, restructuring, and bankruptcy in the subsequent leaseback operation.

The developer's promise of leaseback to the shop on the premise that it cannot guarantee full performance is actually a fraud against consumers.

If the developer of the purchased shop defaults and does not return the lease, he can go to the local Ministry of Justice to prosecute or coordinate privately. The state has expressly prohibited the "sale and leaseback", which is a strange and fictitious commercial search real estate marketing model, and real estate development enterprises are not allowed to sell unfinished commercial housing by means of after-sales charter or disguised after-sales charter.

Legal basis] Article 11 of the Administrative Measures for the Sales of Commodity Housing, real estate development enterprises shall not sell commercial housing by way of return to principal sales or disguised return to principal sales.

Real estate development enterprises shall not sell unfinished commercial housing by means of after-sales leasing or disguised after-sales leasing.

Disadvantages of a ten-year leaseback shop.

The landlord will suffer if the shop is leased back for ten years. The so-called 40,000 to 80,000 is actually inflated, which can be understood as the developer's commission to the channel company. In other words, the 40,000 yuan paid in front of it is for the channel company, and the developer will issue a ticket of 40,000 yuan for those who are in a better situation here, and some will not even have an invoice.

So the other 40,000 out of 80,000 won't have a ticket for you, and even the contract amount won't have this 40,000.

In fact, it has been suspected of false publicity and fraud, and you can complain to the relevant departments. And the later payment of more than 100,000 yuan is already a down payment, which is synchronized with the online signing contract. If you don't sign the contract online after receiving the down payment, it must be the developer's fault, and you have every right to ask for a refund.

As for the developer's refusal or delay, you can protect your legitimate rights and interests through legal means while complaining to the relevant authorities!

Is it illegal to lease back the shop?

1. Is the marketing practice of leaseback of shops that has emerged since last year illegal? The relevant person in charge of the Municipal Land and Housing Management Bureau said yesterday that the Ministry of Construction only explicitly ordered that the pre-sold commercial projects could not be leased back, so the large confirmation of rights ("large confirmation of rights" refers to the fact that in the purchase and sale of commercial housing, real estate development enterprises have handled the initial confirmation registration of real estate in accordance with the regulations. Obtain a Certificate of Real Estate Ownership to confirm that the owner of the property is the property developer.

The sale and leaseback of a shop that has already been sold and leased after the existing building, or the shop that already has a real estate certificate, is not considered a violation.

2. However, the person in charge emphasized that if these shops are bought by a large second-hand owner and then split and sold, they are also second-hand transactions, and second-hand online signing is required, so as to better protect the interests of buyers; The mortgage of the shop must be cancelled by the developer before the transaction, the buyer should make a deposit to sign the subscription letter to indicate the developer does not apply for the cancellation of the mortgage within a certain period of time.

3. For the "disguised leaseback" of first-hand commercial projects - shops ** give large preferential discounts, but require the project to be operated by the developer in the first few years of the sales method, the person in charge also said that because these projects do not promise to return the rent every month or year, it is not a violation. However, investors should also be cautious when entering the market and bear their own investment risks.

Sale and leaseback: The developer proposes a unified leaseback, unified investment management and unified management after the shop. How specialized is the sale and leaseback.

These include leaseback returns, sales with leases, profit sharing, and guaranteed dividends.

Advantages: Solve sales problems and quickly return funds.

The overall management rights of the business are unified to achieve the effect of commercial agglomeration.

Advantages: Obtaining the right to operate, the overall holding of the business can effectively grasp the commercial project, which is conducive to the overall monopoly management of the commercial project and promotes the development of the commercial project; The overall ownership of the business is able to better build and build the business brand.

Disadvantages: The overall holding of the business is easy to cause greater pressure on the developer to withdraw funds; The overall ownership of commercial projects puts forward higher requirements for the developer's operational and management capabilities.

Advantages: 1. Turning large into small, reducing the total sales price and lowering the investment threshold;

2. In the most difficult incubation stage of a new commercial property, the overall lease will be returned, which not only ensures that the property can be managed in a unified manner, but also frees investors from many worries and troubles during the most critical market cultivation period;

3 Higher returns than bank savings, bond investment, and ** investment;

Disadvantages: 1 There is a certain virtual component;

2. Have property rights, but the right to use is not easy to play independently;

3. There is a certain investment risk, which is mainly reflected in whether the rental income can be realized as agreed.

Leaseback refers to the fact that the developer divides a commercial project into many small areas of property rights and confiscates them to the small owners, and at the same time, signs a leaseback contract with the small owners, promising that within a certain period of time, the shops will be operated by the developer, and at the same time, a fixed rent will be paid to the small owners at the agreed time.

Legal basis: Article 11 of the Administrative Measures of the People's Republic of China for the Sales of Commodity Housing Real estate development enterprises shall not sell unfinished commercial housing by means of after-sales leasing or disguised after-sales leasing.