Shanghai Real Estate Broker Management Interim Provisions

Original Language Title: 上海市房地产经纪人管理暂行规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399507.shtml

Shanghai real estate broker management interim provisions

    (August 15, 1994 Shanghai City Government approved according to December 14, 1997 Shanghai City Government makes 53rd, announced of Shanghai City Government on modified straddling Shanghai City deep management approach, 68 pieces regulations part terms of decided amendment according to May 7, 2014 Shanghai City Government makes 16th, announced of Shanghai City Government on modified straddling Shang Harbour port line management approach, 8 pieces municipal government regulations of decided amendment and again announced) first chapter General

    First in order to develop and standardize the real estate market, strengthen the management of real estate brokerage activities, these provisions are formulated. Article real estate brokerage activities in these rules refers to real estate development, transfers, mortgages, leasing of the parties (hereinafter referred to as the parties) paid providing middleman services, agent and consulting services for commercial activities.

But except for the State-owned land use right transfer of brokerage activities.

    Real estate agents in these rules refers to broker conditions, approved by the Administrative Department for industry and commerce registration and license to engage in real estate brokerage activities of organizations and individuals.

Article of real estate agents, real estate brokers, the activities are governed by these provisions.

    Real estate agents that are not registered in the city and shall not engage in real estate brokerage in the city. Fourth of municipal housing and land administration Bureau (hereinafter referred to as the municipal housing and land administration) and the municipal administration for industry and commerce is the activity of real estate broker authority.

District or County Housing Authority and the Pudong new area, the real estate management Department (hereinafter referred to as district and County Housing Authority) and district and County industrial and commercial Administration Bureau is a real estate brokerage activities of competent authorities within their respective administrative areas.

    The municipal and district or County real estate trade Management Department is responsible for the day-to-day management of a real estate agent.

    Chapter II application conditions and procedures Article fifth who have reached 18 years of age, with a permanent residence in this city and high school or higher education personnel, unified training and examinations of premises by the City Council, and city property management Bureau of Shanghai real estate broker's certificate issued by the following can apply for the real estate brokerage activities.

    But the State and the municipality is not allowed except for part-time staff.

Article sixth of established real estate brokerage organization, subject to the following conditions:

(A) have achieved 5 or more of the officers of the Shanghai real estate broker's certificate;

(B) there are more than 100,000 yuan renminbi;

(C) business purposes expressly articles;

    (D) a fixed place of business.

Article seventh application for individual real estate agents, subject to the following conditions:

(A) made of the Shanghai real estate broker's certificate;

(B) there are more than 20,000 Yuan RMB funds or provide sureties worth more than 20,000 Yuan RMB financial assurance;

(C) have a fixed place of brokering activities;

    (D) within 3 years of no criminal record prior to the application. Article eighth applying to become a real estate agent, shall apply to the Administration for industry and Commerce of the place of business registration.

Administrative departments for industry and commerce in accordance with the prescribed conditions, shall be registered and issued business license does not meet the conditions of this provision, is not registered.

    Real estate broker license within 30 days, should be to the place of business registration office of district and County real estate trade Management Department for the record.

    Chapter management

Nineth real estate broker organizations engaged in real estate brokerage activities, must be made by their agencies of the Shanghai real estate broker's certificate of the personnel.

    Holding the staff of the Shanghai real estate broker's certificate, must be engaged in real estate brokerage activities on behalf of real estate agents.

Real estate brokers provide their clients with tenth middleman services, agency or entrusted with advisory services, real estate brokerage contracts with the parties.

Real estate brokerage contracts shall include the following main elements:

(A) the subject-matter insured (brokerage);

(B) the broker requirements and standards;

(C) the term of the contract;

(D) the service fee amounts and payment methods, time;

(E) breach of contract and dispute resolution;

    (Vi) agreed to additional content. 11th real estate brokerage contract cannot be performed or not performed, the real estate agent does not charge or reduced fee-for-service.

But due to negligence are excluded.

    Party economic loss due to fault of real estate agents, real estate brokers shall be liable.

    Article 12th after real estate agents real estate brokerage contracts with the parties, delegate another agent, shall, with the consent of the parties agree, and no additional service fees.

13th real estate brokerage service fees by real estate agent agreed with the parties themselves in the following standards and delivered in a real estate brokerage contract period:

(A) middleman services, real estate, agent of State-owned land use right transfer, according to the 3% of prices charged;

(B) the middleman services, agent homes and land lease, the monthly rent of 70% the following one-time charge;

(C) the intermediary agent, agent housing Exchange, charged in the appraised value under 1%.

    Provision of advisory services, service standards agreed upon by both parties. 14th real estate agent should be sound financial accounting systems, establish account books, prepare financial statements.

    Charges a service fee should be uniform invoice issued by Shanghai City, business income should pay taxes according to law. 15th housing management department activities of real estate agents should be monitored and checked. Real estate broker shall quarterly submit to the real estate transaction management business statistics reports and brokering a certain percentage of their income to pay management fees.

    Management fees by the municipal price Bureau, the Municipal Finance Bureau municipal housing and land development.

    16th real estate agent can query to the real estate transaction management real estate information and commercial information, understand the real estate market and the real estate market policies, regulations and other relevant documents, and participate in related activities.

17th real estate agent in real estate development and management company may engage in the development and construction of the company's real estate brokerage business.

    Real estate agency personnel shall not at the same time in 2 or more than 2 part-time real estate broker organizations.

    18th Realtors out of business, or for other reasons termination of brokerage activities, shall be filed with the Administrative Department for industry and commerce to cancel the registration.

    The fourth chapter penalty

    Article 19th Realtors violate the provisions of Administration for industry and commerce, industrial and commercial administrative departments administrative penalties.

Article 20th real estate agent in violation of the provisions of by the Municipal Council or district and County Housing Authority in accordance with the following administrative penalties:

(A) is not made of the Shanghai real estate broker's certificate, engaged in real estate brokerage activities without authorization, be ordered to desist from the illegal act and punishable by a fine of 10,000 yuan to 30,000 yuan;

(B) is not in accordance with the regulations to the real estate transaction management filing procedures, ordered to go through formalities of limited duration, and liable to a fine of 500 Yuan to 1000 Yuan;

(C) the real estate brokerage of real estate development enterprise organization engaged in the development and construction of the company's real estate brokerage business, shall be ordered to correct, punishable with a fine of 5000 Yuan to 30,000 yuan;

(D) the real estate brokers also 2 or part 2 or more real estate brokers organizations engaged in real estate brokerage activities, shall be ordered to correct, and liable to a fine of 2000 Yuan to 20,000 yuan;

(E) real estate brokers-standard fee-for-service, ordered to refund excess cost, and may impose costs between 1 and 3 times in excess of fines, but not more than 30,000 yuan;

    (Vi) fraud damages the legitimate rights and interests of the parties, be ordered to pay damages, and liable to a fine of 5000 Yuan to 30,000 yuan.

    Article 21st real estate brokers who conceals the true situation, fraud made of the Shanghai real estate broker's certificate, the municipal housing and land cancellation and seizure of its Shanghai real estate broker's certificate, and shall promptly inform the Administrative Department for industry and commerce; do not meet the conditions of brokers, industrial and commercial administrative departments shall cancel its activity of real estate broker engaged in the project.

22nd administrative departments administrative penalties, it shall issue a written decision of administrative penalty; the fines to be issued shall be uniformly printed by the municipal finance department confiscated property receipts.

    Fine turned over to the State Treasury according to stipulations.

23rd where specific administrative acts of the Administration, may, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

    Parties within the statutory time limit does not apply for reconsideration or sue or carry out a specific administrative act, departments to formulate specific administrative acts in accordance with the People's Republic of China administrative litigation law of the provisions apply to the people's Court for compulsory execution.

    The fifth chapter by-laws

    Article 24th prior to the enactment of these provisions is the establishment of a real estate agent, shall be according to the provisions organizing the personnel engaged in the brokerage business for the common training and assessment, and should be made of the Shanghai real estate broker's license.

    25th article of the application to the specific problem, by municipal housing Bureau is responsible for the interpretation and the municipal administration of industry and commerce in accordance with their respective responsibilities. 26th article of the regulations come into force September 1, 1994.