Administrative Measures On Real Estate Brokerage Services, Shantou City

Original Language Title: 汕头市房地产经纪服务管理办法

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(July 13, 2006 Government of Shantou 53rd Executive meeting on July 18, 2006 Government of Shantou, 89th released as of September 1, 2006) first to strengthen the management of real estate brokerage services, maintenance of the real estate market, protect the legitimate rights and interests of party real estate brokerage activities, in accordance with the People's Republic of China on urban real estate administration law and other relevant provisions, combined with the city's actual, these measures are formulated.
    Article real estate brokerage services in these measures refers to real estate brokerage services to clients with real estate information and brokerage business and operating activities.
    This approach applies to this article within the scope of urban activities in real estate brokerage services.
    Article fourth engaged in real estate brokerage services activities shall comply with the provisions of laws and regulations; principles of voluntariness, fairness, honesty and credibility, compliance with professional ethics.
    Article fifth Department of municipal real estate administration, real estate brokerage services, is responsible for the management and supervision work, organize the implementation of these measures.
    Districts real estate administrative departments responsible for oversight in the management of real estate brokerage services within their respective jurisdictions.
    Municipal real estate administrative departments may appoint respective estate management agency-specific implementation of real estate brokerage services management and oversight functions.
    Such as industry and commerce, taxation, pricing departments at all levels, in accordance with their respective functions and powers to assist real estate administrative departments in implementing these procedures.
    Article sixth real estate brokerage services and personnel law organizations industry associations, discipline supervision of real estate brokerage services business services; business activities of the Guild to accept real estate administrative departments and real estate brokerage services administration guide.
    Article seventh municipal real estate administrative departments should strengthen the real estate brokerage services, conditions of professional and business services such as supervision and inspection, and announced to the public on a regular basis to check the results.
    Eighth activity engaged in real estate brokerage services, shall establish appropriate brokerage service institution with independent legal personality.
    Established real estate brokers service institutions, should has following conditions: (a) has himself of name and organization institutions; (ii) has many Yu 15 square meters of fixed business places; (three) has provides number of registered funds and funding; (four) has real estate brokers service corresponding career qualification certificate of personnel not less than three people; (five) legal, and regulations provides of other conditions.
    Corresponding to the real estate brokerage services of vocational qualification certificate issued, in accordance with the relevant provisions of the national, provincial and municipal.
    Nineth established real estate brokerage services, after the local administration for industry and commerce business license should be, to be opened. Real estate brokerage services institution shall, from the date of registration in the 30th, license, articles, broking service personnel's professional qualifications and employment contracts and other documents to the local real estate administrative departments.
    Real estate administrative departments shall be issued a registration certificate after receiving record.
    Tenth real estate brokerage service institutions to set up branches, should be in accordance with the provisions of the present article Nineth relevant formalities.
    Real estate broker services changes its name, business location, registered capital is suspended or terminated for other reasons, such as brokerage services, it shall handle the related formalities to the Administrative Department for industry and commerce, as well as to real estate administrative departments.
    11th real estate brokerage services to clients to provide real estate brokerage services, should express the following matters: (a) real estate brokerage services registration, filing and service personnel licensing conditions, (ii) relates to brokerage services of real estate ownership, size, age, usage, mortgage, lease, use restrictions and other basic information. 12th operating real estate brokerage services, brokerage services with the client to sign a written contract.
    Real estate broker services contract includes the following main elements: (a) the names, names and addresses of the parties, (ii) broker service name, contents and requirements (iii) method, duration of the contract; (d) the brokerage fee amounts and payment methods, time; (e) breach of contract and dispute resolution (vi) agreed to additional content.
    Municipal administration for industry and Commerce and the departments of municipal real estate administration based on national and provincial regulations, development of real estate brokerage services contract demonstration text and supervise the implementation.
    13th real estate brokerage services in accordance with Agency sell housing or other housing, should hold a power of Attorney issued by the client or contract signed by both parties, and express.
    14th real estate brokerage service of real estate brokerage services should be involved in activities of legality, authenticity is reviewed. Real estate brokerage services should know or should have known that both parties to the contract of credit status, compliance, real estate ownership situation inform clients and other parties.
    Except as otherwise provided by laws and regulations.
    15th real estate brokerage service institutions without consent of the client, may not be entrusted with the brokerage services to transfer to other brokerage agencies.
    16th real estate brokerage services services provided by the Administrative Department shall, in accordance with price charge standard fees and prominently publicized in the undertakings of their fees, services, fees, billing methods and so on. 17th real estate brokerage business service agencies shall establish a business account, business records.
    Business accounting and business records shall contain the operational activities in the income, expenses, and other expenses, as well as the other required real estate administrative departments. Real estate brokerage services shall regularly submit to the local real estate administrative departments of business statistics.
    Business statistics reports can be open to the public, except as otherwise provided by laws and regulations.
    18th real estate brokerage service personnel shall not at the same time in two or more real estate brokers Service staff; not personally commissioned to charge for brokerage services activities shall show the relevant professional qualification certificate in real estate brokerage services, and timely progress told delegates from the principal business.
    19th article real estate brokers service institutions and personnel provides real estate brokers service shall not has following behavior: (a) obtained contract yiwai of remuneration or other property; (ii) provides false material or hide real situation; (three) and party party collusion damage another party party interests; (four) to denigrated other real estate brokers service institutions, and personnel or paid introduced fee, not due means race Range Rover business; (five) for ownership not clear or legal, and regulations ban transfer, and mortgage, and rental of real estate provides brokers service;
    (Vi) other behaviors prohibited by laws, rules and regulations.
    20th in violation of the provisions of the second paragraph of article Nineth, real estate administrative departments a rectification; it refuses, up to 1000 Yuan and 3,000 yuan fine.
    21st in violation of the provisions of article 11th, real estate administrative departments of rectification, with a warning.
    22nd disobey article 18th, while two or more real estate brokers service industry or of individual commissions, charges, real estate administrative departments of rectification, a warning shall be serious, punishable by fines of less than 3,000 yuan and 10,000 yuan.
    23rd violates the provisions of this article 19th, the property Administrative Department shall order correction within; it refuses, fined 10,000 yuan and 30,000 yuan fine.
    24th real estate brokerage service for breaches of industry and commerce, price, taxation, law and order, stipulated by the laws, rules and regulations, are dealt with according to law by relevant competent administrative departments. 25th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Party fails to apply for administrative reconsideration or bring an administrative suit, nor performs the decision making Department administrative punishment decision may apply to a people's Court for compulsory execution.
    26th relevant administrative departments, real estate brokerage services management in real estate brokerage services in the management of the institutions and their staff neglect, abuse, deception, by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 27th article this way come into force on September 1, 2006.
                                                                                                      June 22, 1994 issued by the Government of Shantou Shantou special economic zone real estate management interim measures be repealed simultaneously.