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    Mortgage

    Four profits from home ownership transactions were confiscated and dismantled, a rare event in which both property and property were lost.

    2024.03.14

    The speculation of new HOS flats has been criticized for many years. After all, HOS flats themselves are subsidized housing and have received government benefits. However, over the years, there have been a large number of cases where HOS flats have been resold and huge profits have been made, with profits amounting to millions of dollars. Homeowners who need to buy a home but are unable to successfully obtain HOS housing can only enter the market at a high price, which inevitably gives the impression that subsidized housing has "deteriorated". Recently, a case that has been hotly discussed in the city has appeared in the second-hand Home Ownership Housing transaction market. The owner needs to return all the profits from the sale of Home Ownership Housing to the Housing Authority, which is a disguised "confiscation" of the assets earned.

    Although the Housing Authority continues to improve the sales conditions of HOS flats to curb speculation in HOS flats, the results have never been satisfactory. Recently, it was reported that the original owner of a unit in Hoi Lok Court in Cheung Sha Wan bought a Home Ownership Scheme unit for NT$4.42 million in October 2019. The unit was successfully sold for NT$8.38 million in 2023. The owner has held the property for four years. The profit was 3.95 million yuan, which is a very exaggerated amount.

    Data picture (picture source: Jingyi Editorial Department)

    Rules for not staying at Qingshui Building

    In the past, speculation on HOS flats was extremely common. Why was this unit chosen for surgery? The reason is that the unit was finally sold as "Clear Water House". It is estimated that the original owner has never lived in the above-mentioned unit after purchasing it, which violates the Housing Authority's terms and conditions.

    What are the relevant terms? In fact, all HOS buyers must sign a sale and purchase agreement when purchasing a HOS flat. The agreement stipulates that the buyer must move into the purchased unit together with all family members listed on the HOS application form. If the owner violates the regulations, the Housing Authority will not approve the necessary documents for the owner to sell the property, namely the "Certificate of Availability for Sale" or the "Nomination Letter" from the Secondary Home Ownership Market. Even if the document has been issued, the Housing Authority will The right to withdraw the application.

    In addition, if any family member "no longer actually lives or permanently resides in the unit without the consent of the Housing Authority, regardless of the reason," the Housing Authority has the right to require the owner to transfer the unit back to the Housing Authority. In fact, the sale of second-hand HOS flats in "Clear Shui House" happened from time to time. In the past, the Housing Authority rarely "enforced the law". The Housing Authority's regulations only stated the situation before the sale, and did not mention requiring the owners to hand over profits. Unfortunately, this case occurred after the transaction had been completed. It can be said to be a rare "case" that clearly establishes that the owner will "vomit" all the benefits he has gained if he resells the HOS flat that he has never lived in and violated the regulations. , which is naturally extremely shocking to the owners.

    If the owner has spent the relevant profits, he may face bankruptcy if he cannot turn around smoothly. Will there be any other criminal liability issues if the buyer sells the property in violation of the regulations? It is also one of the highlights of this incident. In addition, this transaction also has some problems for the new owners. After all, logically speaking, this transaction should not have happened because the seller violated the regulations first, and the new buyer also paid a very high premium to purchase the relevant unit. Indeed, It makes one wonder how it will be dealt with next. Some readers may question, why can the Housing Authority be sure that the property has been unoccupied for several years?

    In fact, it is easy to find out. For example, by checking the water and electricity meter of the unit, calculating the average consumption of the unit based on the number of residents, and comparing it with the consumption of other similar units in the same building, you can immediately know whether the unit is in a residential condition. . What is more intuitive is that there are no furniture or curtains in the Ching Shui Building, and there are no traces of use; or the buyer has listed the unit as Ching Shui Building when selling the property and has never moved in. This can easily be tracked by the Housing Authority. clues.

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