How to solve the arrangement of property right hotel owners

1. The concept of property hotel originated in Europe and America in 1970s. Developers divide each room into independent property rights and sell them to investors. Investors invest in home ownership like buying a house, entrust the room to a special hotel management company, get the return on investment, and get the free occupancy right given by the hotel for a certain period of time. It is a new tourism real estate model combining investment and leisure vacation.

Second, the legal relationship involved in property hotels mainly involves two kinds of legal relationships, one is the legal relationship between developers and investors, and the other is the legal relationship between investors and commercial enterprises (some are entrusted operation contracts, etc.). ). Of course, other legal relationships such as guarantee, mortgage and property management are not excluded. (a) the legal relationship of the house sales contract. Investors first sign housing sales contracts with developers, just like commercial housing sales. Before buying, they should review the developer's main qualifications (such as business license) and housing sales documents (such as pre-sale permit, planning permit, etc.). ) and real estate ownership certificate (such as land use right certificate, land use, transfer period, etc.). ). After deciding to buy, carefully sign the commercial housing sales contract, paying special attention to the housing situation (such as area, structure, decoration standard, supporting facilities, greening, etc. ), delivery time, warrant handling and liability clauses for breach of contract. (two) the legal relationship of the house lease contract. The investor signs a house lease contract with the hotel management company to lease the house to the hotel management company. According to the actual situation, the lease term, rent and starting time, decoration and disposal after the lease expires, property management, liability for breach of contract and other matters are agreed. We should clearly stipulate the calculation and payment time of rent, unilaterally terminate the liability for breach of contract, and prevent the unfavorable situation that it is difficult for the lessee to operate in a unified way and recover the return on investment without rent.

Three. Legal Risk Prevention of Investing in Property Hotels There are no laws and regulations specifically for property hotels in China, and the determination of the rights of terminal investors (owners) and the protection of their rights and interests are issues worthy of attention. At present, the laws that can be used for property-based hotel disputes mainly include the Contract Law, the Measures for the Administration of Commercial Housing Sales, the Measures for the Administration of Urban Commercial Housing Pre-sale, the General Principles of the Civil Law and other relevant judicial interpretations. Limited by space, the following is only a rough analysis of the legal risk prevention of investing in property-based hotels. (1) Sign the contract seriously. Before signing the contract, investors should know the qualification, credit status and capital status of the developer in detail; The nature, purpose and duration of land use; Construction planning, etc. After signing the contract, the developer's business license and other documents should be reviewed first, and the housing sales contract should be read in detail. From real estate advertising, signing subscription book, signing housing sales format contract and supplementary agreement, handling mortgage loan, to housing delivery, area difference, design change, housing quality, decoration, property certificate handling, investors can consult lawyers and other professionals to avoid unfavorable terms for investors. For example, investors want to enjoy free living, and management refuses on the grounds that there are no vacancies. Who should bear the management, operation and maintenance costs when the hotel property is handed over to the hotel management? These specific contents need to be clearly agreed by investors when signing contracts with developers. (2) Introduce professional guarantee companies to provide guarantees for investors' income. The introduction of professional guarantee companies to intervene in the investment real estate field provides certain conditions for investors' income and adds an "insurance" for real estate investors. Investors (equity holders) can obtain a letter of guarantee issued by the guarantee company (guarantor) to protect their rights and interests after signing a house purchase contract with the developer (guarantor). During the guarantee period, if the creditor's rate of return is lower than the promise, the creditor has the right to ask the guarantor to assume the guarantee responsibility and pay cash compensation according to the guarantee period and scope. Supervise and ensure the performance of the hotel management company, and pay compensation when the hotel management company fails to perform. (3) Establishing a perfect exit mechanism When investing in property-based hotels, investors are worried that if the hotel is in poor operating conditions and cannot obtain the benefits agreed in the contract, investors will face a "chicken rib" situation, that is, they will continue to hold property rights and will continue to lose money or fall into disputes with operators; I want to quit, but I can't sell it at the right price. Therefore, it is suggested that investors can stipulate the withdrawal mechanism in advance in the contract, that is, the developer guarantees the repurchase clause under certain conditions. For example, the developer promised in the contract: "If the investor has bought a house for three years, if the rate of return is lower than the contract, he can sell the house to the developer at the original purchase price, and the developer guarantees the repurchase." This actually forms a contractual relationship with terms and conditions between the two parties. If the conditions are met, the developer will unconditionally buy back all the houses owned by the investor at the original price as long as the investor requests to fulfill the agreement. In the implementation of this repurchase agreement, the strength and operating conditions of developers are more important.

(4) Investors set up owners' committees. Property management of property hotel is different from ordinary residence. Its purpose is commercial operation, and the operator and owner are separated. Moreover, the operators are numerous and scattered and do not have professional knowledge. Compared with developers and operators, individual owners are in a weak position. Therefore, it is very necessary for investors to set up industry committees or similar institutions to keep property information (such as completion general plan, technical information of facilities and equipment, etc.). It is realistic for investors to unite and negotiate with developers and operators on many issues on an equal footing. "High income" and "high risk" always go hand in hand. Only by preventing "high risk" can "high income" be possible. Therefore, it is suggested that investors or those who intend to invest in the property-based hotel industry should comprehensively consider many risks such as business risks, legal risks and financial risks before investing, and consult more professionals.