Real Estate Brokerage Management

Original Language Title: 房地产经纪管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347882.shtml

Real estate brokerage management

    (January 20, 2011 Ministry of housing and urban-rural development, the national development and Reform Committee, the human resources department order released 8th April 1, 2011) Chapter I General provisions

    First in order to regulate real estate brokerage activities, protect the legitimate rights and interests of real estate transactions and brokerage activities parties, promote the healthy development of the real estate market, according to the People's Republic of China on urban real estate administration law and the People's Republic of China contract law and other laws and regulations, these measures are formulated.

    Article in the People's Republic of China engaged in real estate brokerage activities shall abide by these measures.

    Article real estate brokers in these measures refers to real estate agencies and real estate brokerage staff to facilitate real estate transactions, to provide clients with services such as real estate broker, agent and Commission Act.

    Fourth engaged in real estate brokerage activities shall conform to voluntariness, equality, fairness, honesty and credit principle, compliance with professional standards and abide by professional ethics.

    Construction of the fifth people's Governments above the county level (real estate) authorities, the price departments, human resources and social security authorities shall, in accordance with the Division of responsibilities, are responsible for the supervision and management of the real estate brokerage activities.

    Article sixth real estate brokerage industry self-regulation organization shall, in accordance with regulations, reflecting the views of industry development and suggestions to the Department concerned, promote the development of the real estate brokerage industry and improve the quality of personnel.

    Chapter two real estate agencies and personnel

    Article seventh real estate brokers in these measures refers to legally established, intermediary agencies engaged in real estate brokerage activities.

    Real estate brokers can set up branches.

    Real estate agencies and branches established under article eighth, personnel should have a sufficient number of real estate brokerage.

    Real estate agency personnel mentioned in these measures refers to engage in real estate brokerage activities of real estate agents and real estate broker associate.

    Real estate brokers real estate brokers for the branch and personnel, in accordance with the People's Republic of China labor contract provisions of the labor contract law.

    Nineth national vocational qualification system for real estate brokers personnel, professional and technical personnel into the national vocational qualification system of unified planning and management.

    Article tenth real estate agents nationally unified outline propositions, unity, unified organization of the examination system, by the State Department of housing and urban-rural development department, human resources and Social Security Department of common implementation, held once a year in principle.

    Real estate broker associate nationally unified outline from each province, autonomous region and municipality building (real estate) departments, human resources and Social Security Department of propositions and organization of the examination system, number of tests per year determined in accordance with development needs of the industry.

    11th real estate brokers and their branch offices shall from the date of registration in the 30th, to municipal, city and county building (real estate) departments.

    12th municipal, city and county building (real estate) Department of real estate brokers and their branch name, domicile, legal representative (managing partner) or owner, registered capital, real estate brokerage personnel record information to the public.

    13th real estate brokers and their branch of modification or termination, shall be from the date of modification or termination within 30th filing change or cancellation procedures.

    Chapter III real estate brokerage activities 14th real estate brokerage should be centrally by the real estate agencies to undertake services paid by real estate agencies collect.

    Branches should be based on the establishment of the real estate brokers soliciting business on behalf of the branch.

    Real estate agency personnel shall not undertake real estate brokerage business in his own name and charge a fee.

    15th real estate brokers and their branch offices shall prominently in its undertakings public notice the following:

    (A) business licenses and filing documents;

    (B) the services, contents, standards;

    (C) business processes;

    (D) charge, basis and standard of the project;

    (E) trading fund supervision;

    (Vi) credit file queries, complaints and 12358 price reporting phone numbers;

    (G) the Government departments or industry organizations in the development of the real estate brokerage services contract, the sale and purchase contract, lease contract demonstration text;

    (H) other matters stipulated by laws, rules and regulations.

    Branch public establishment of the Branch Office of the real estate brokerage business address and contact information.

    Real estate brokers sales of commercial housing projects, should also be in the sales field visibly express sales orders and approval of sales of commercial housing all supporting documents.

    16th real estate brokerage agency entrusted to provide real estate information, field House, people's real estate brokerage services, contracts, real estate brokerage services should work with the client to sign a written contract.

    Real estate broker services contract shall contain the following information:

    (A) real estate brokerage services the parties name (name), shelter conditions and personnel engaged in the business of real estate brokerage;

    (B) real estate brokerage services, contents and requirements of the project and of the standard;

    (C) the service charges and the method of payment;

    (D) the rights and obligations of the Contracting Parties;

    (E) breach of contract and dispute resolution.

    Building (real estate) Department or the real estate brokerage industry organizations can develop real estate brokerage services contract demonstration text, selects for the party.

    17th real estate brokers provide agency loans, real estate agent for other services such as registration, shall indicate to the client services, standards information, client consent, an additional contract. Article 18th real estate agent service price system.

    Real estate brokers shall abide by the laws, rules and regulations make provision, real estate brokerage services in premises prominently marked items, services, fees, and related real estate prices and information.

    Not marked by real estate agencies shall not charge any costs shall not use false or misleading pricing and price means the price gouging; a service can be decomposed into multiple projects and standards, and criteria of each project should be clearly marked, and must not mix price, bundled price.

    19th unfinished real estate brokers real estate brokerage service contract or service does not meet the standards of real estate brokerage services contract, shall not charge a Commission.

    Two or more real estate brokers agencies cooperating in the same real estate brokerage business, only a business brokerage, may not increase charges to clients.

    20th real estate brokers for real estate brokerage services contracts, seals shall be affixed to real estate brokers, and engaged in the business of a real estate agent or real estate broker associate two signatures.

    Article 21st real estate brokers real estate broker services contract, shall be filed with the principal real estate broker services contract and the contract for the sale or lease of housing-related content, and inform in writing the following:

    (A) whether the delegate have a stake in the housing;

    (B) shall be provided by the client assistance, information;

    (C) entrusted the housing market reference price;

    (D) the General procedure and the possible risks of the housing transactions;

    (V) the tax on housing transactions involving;

    (F) brokerage services and complete standards;

    (G) fees for brokerage services and the times of payment;

    (H) other matters requiring informed. Real estate agencies in accordance with business parties need to provide real estate brokerage services other than services, should be agreed by the parties in advance and inform services and fees.

    Written materials shall be signed by the principal (seal) to confirm. 22nd real estate broker homes for sale, leasing brokerage services contract with the client, should view engaged to sell or rent housing, housing ownership certificates, related information such as the identity of the client and housing affairs shall be compiled.

    After the written consent of the client, can release the appropriate listing information.

    Real estate brokerage agency acquisition, leasing brokerage services for housing contracts with the client, should view the client identification information. 23rd principal real estate brokerage services contract with real estate brokers and real estate brokers to provide valid proof of identity. Engaged to sell or rent housing, should also ask the real estate brokers provide a real and valid certificate of house ownership.

    Client does not provide the specified information or provide information inconsistent with actual, real estate broker shall refuse to accept a delegate.

    24th real estate transactions the parties agree by real estate brokers to pay collection of trading funds should open bank customers through real estate brokers trading settlement funds a special deposit account funds transfer transactions.

    Trading funds to cover transfers of funds shall be subject to real estate transactions and real estate brokers signed and sealed.

    25th real estate agencies and real estate brokers who may not be any of the following acts:

    (A) fabrication spread price information, or collude with real estate development and management unit cover, property hoarding, speculation and market manipulation and price;

    (B) concealing the housing information of parties to the transaction, low income sell (TPS) out of the House for profit;

    (C) concealment, fraud, coercion, bribery or other improper means to attract business to entice consumers deal or force the transaction;

    (D) disclosure or improper use of the client's personal information or commercial secrets, to seek illegitimate interests;

    (E) for trading parties avoid housing transaction taxes and other illegal purposes, will facilitate the same housing price contracts entered into various transactions;

    (F) changing rent interior structural segmentation;

    (VII) to embezzle funds real estate transactions;
(H) acquisition or lease their own houses that provide brokerage services;

    (I) does not meet the terms and conditions of affordable housing and provide brokerage services for housing prohibited transactions;

    (10) other acts prohibited by laws and regulations.

    Article 26th real estate broking business record-keeping system should be established record business.

    Real estate broker shall save real estate broker services contract, shelf life of not less than 5 years.

    27th organizations should develop real estate brokerage industry practice for the real estate brokerage industry, and gradually establish and improve credit evaluation system and real estate brokerage houses, tourist information-sharing system.

    Supervision and administration of the fourth chapter

    28th article building (real estate) authorities, competent authorities should through on-site inspections, contract and spot checks, complaints and other means, take interviews, credited measures such as credit files, media exposure, real estate agencies and real estate brokers to supervise.

    Real estate brokerage agency acts in violation of human resources and social security laws and regulations, be investigated by the Department of human resources and social security law.

    Real estate agencies and real estate brokers who inspected shall cooperate, and provide required information upon request. Article 29th-building (real estate) authorities, the price departments, human resources and Social Security Department of real estate brokerage and real estate brokerage information sharing system.

    Building (real estate) competent authorities shall regularly registered estate agency briefing at the Department in charge of price, human resources and Social Security Department.

    Article 30th municipalities, city and county building (real estate), departments should establish a unified real estate brokerage management and online service platform, to record real estate brokers to provide the following services:

    (A) the real estate brokers for the record public information;

    (B) the real estate transaction and registration information;

    (Iii) signing contracts online real estate transactions;

    (D) the real estate brokers credit records publicity;

    (E) other matters stipulated by laws, rules and regulations.

    Registered real estate brokers can obtain qualifications for online sign up.

    31st people's Governments above the county level building (real estate) competent authorities shall establish a real estate brokerage credit files, and to the public.

    Construction of the people's Governments above the county level (real estate) in the daily supervision and inspection departments shall be found real estate brokers and real estate brokerage personnel violations, verified complaint records, and so on, as a bad credit record credited to their credit file.

    Article 32nd real estate agencies and real estate agency personnel should be provided in accordance with the provisions of true and complete the credit file information.

    The fifth chapter legal liability

    33rd in violation of these rules, any of the following acts, construction of local people's Governments at or above the county level (real estate) the competent authority shall order correction within entered into a credit file; 10,000 yuan fine for real estate brokerage personnel; real estate brokers fined 10,000 yuan and 30,000 yuan fines:

    (A) the real estate brokerage staff personally to undertake a real estate brokerage and fees;

    (B) the real estate brokers to provide other services such as registration of loan agent, real estate agent, did not indicate to the client services, standards information, and without the client's consent;

    (C) real estate brokerage services contract is not engaged in the business of a real estate agent or real estate broker associate two signature;

    (D) the real estate brokers real estate broker services contract, not to inform the parties and written regulations;

    (E) real estate broker failing to faithfully record the operations or in real estate broker services contract.

    34th article violates this article 18th, 19th, 25th, paragraph (a), (b) constitute illegal pricing, pricing departments above the county level people's Government according to the price law, provisions of the statutes and regulations, correction, confiscation of illegal gains, according to fine in serious cases, ordered shall be given administrative punishment.

    35th article violates article 22nd of this approach, the real estate broker of unauthorized public housing information, construction of local people's Governments at or above the county level (real estate) the competent authority shall order correction within entered into a credit file, cancel the online agency qualification, and a fine of 10,000 yuan and 30,000 yuan fine.

    36th in violation of article 24th of this approach, the real estate broker of unauthorized transfer of customers ' transaction settlement funds, construction of local people's Governments at or above the county level (real estate) authorities be ordered to rectify, cancel online agency qualification, and impose a fine of 30,000 yuan.

    37th article violation this approach 25th article subsection (three) items, and subsection (four) items, and subsection (five) items, and subsection (six) items, and subsection (seven) items, and subsection (eight) items, and subsection (nine) items, and subsection (10) items of, by County above place Government construction (real estate) competent sector ordered deadline corrected, remember into credit archives; on real estate brokers personnel sentenced 10,000 yuan fine; on real estate brokers institutions, canceled online signed qualification, sentenced 30,000 yuan fine.

    38th construction of the people's Governments above the county level (real estate) authorities, the price departments, human resources and Social Security Department staff in the supervision and administration of real estate brokers, negligence, malpractice, abuse, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    39th local can be based on these measures, formulate implementing rules. 40th article of the rules as of April 1, 2011.