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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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(Summit No. 53 of 13 July 2006 of the Government of the Challenge of the First Municipalities to consider the adoption of Decree No. 89 of 18 July 2006 on the Royal Government of the City, which came into force on 1 September 2006)

Article I, in order to strengthen the management of property brokering services, preserve the order of the real estate market and guarantee the legitimate rights and interests of the parties to the property brokering activities, develop this approach in line with the relevant provisions of the National People's Republic of China Urban Property Management Act.
The property brokering services referred to in this approach refer to the operation of the property broker service agency to provide the author with information on the property and the interpersonal operation.
Article 3. This approach applies to property brokering services within the scope of the city.
Article IV
Article 5
The territorial property administration authorities of the districts are responsible for the supervision of the management of property brokering services within the Territory.
The municipal property administration authorities may entrust the property broker services to the management and oversight functions of the property brokering services.
Various sectors such as business, tax, price, assist the Authority in the implementation of this approach in accordance with its respective responsibilities.
Article 6. The property broker service institutions and personnel may organize industry associations under the law to conduct self-regulatory supervision of the business services of the property broker service industry; the operation of the industry associations is guided by the property administration authorities and the property broker service administration.
Article 7. The municipal property administration authorities should strengthen monitoring of the situation of property brokerage services, professional conditions and their operating services, and make the findings regularly available to society.
Article 8
The establishment of a property broker service agency should have the following conditions:
(i) The name and organization of the organization;
(ii) Fixed operating places with no less than 15 square meters;
(iii) Number of registered funds and funds;
(iv) The number of persons with the corresponding vocational qualifications of the property broker services is less than three;
(v) Other conditions under the law, regulations.
The issuance of the corresponding vocational qualifications certificate for the property broker services is carried out in accordance with the relevant provisions of the State, the province and the city.
Article 9. The establishment of a property broker service facility shall be open to the local business administration to receive a business licence.
The property broker service agency shall, within thirty days of the date of receipt of a business licence, a business licence, an enterprise charter, a professional qualifications certificate of the broker's service and a contract of employment, be provided to the host administrative authorities. The administrative authorities of the housing property shall be given back-to-back certificates.
Article 10. The establishment of branches of the property broker service shall be governed by the provisions of article 9 of this approach.
The change of name, place of operation, registration of funds, etc. and other reasons for termination of brokering services shall be governed by law to the business administration sector, while at the same time making the case available to the Authority.
Article 11. When the property broker service provides the author with the property brokering services, the following matters shall be express:
(i) Registration, documentation and operational qualifications of service providers;
(ii) The right to property relating to the operation of brokering services, area, length of use, use, collateral, lease, and use of restrictions.
Article 12. The operation of the property broker service agency shall be conducted with the author in writing. The property broker service contract includes the following main elements:
(i) The name, name and residence of the party;
(ii) Names, content and requirements for brokering services;
(iii) The manner in which the contract is performed, the duration;
(iv) The amount and manner of payment of brokering services;
(v) Violations of responsibility and dispute resolution;
(vi) Other elements agreed by the parties.
The municipal business administration and the municipal housing administration authorities may develop model text of the property broker service contract and monitor implementation in accordance with the relevant provisions of the State and the province.
Article 13. The property broker service agency shall be represented by law in the sale of all types of commodities or other homes, and shall hold a commissioner's letter of commission or a contract signed by both parties.
Article 14. Real estate brokers should review the legitimacy and integrity of property covered by brokering activities.
The property broker service should communicate the qualifications of the parties to the contract or should be known, the performance capacity, the right to property, etc. to the author and the contractor. Except as otherwise provided by law, legislation and regulations.
Article 15. The property broker service agency shall not transfer the authorized brokering service to other brokering services without the consent of the author.
Article 16 Property brokering services should be charged on the basis of standard fees for services provided by the price administration authorities, as well as their fees projects, services content, fees methodology, fees standards, etc. in their business premises.
Article 17 The operation of the property broker services should be established and operational records should be established. Operational desks and operational records should contain income, expenditure, and other elements required by the Authority.
The property broker service agencies should submit operational statistical statements to the host administrative authorities on a regular basis. Operational statistical statements can be made public in society, with the exception of laws, regulations and regulations.
Article 18 Property brokers are not allowed to operate at the same time in two or more property brokers services; not to be charged on behalf of individuals, to collect fees; and brokering activities should present certificates of professional qualifications for the related property brokering services and inform the author of the progress of the operations in a timely manner.
Article 19
(i) An honorary or other property other than the contract;
(ii) Provide false material or conceal the true situation;
(iii) Contrary with one party to the interests of the other party;
(iv) Constraints such as defamation of other property broker services, personnel or payment of presentation fees;
(v) Provision of brokering services for the transfer, mortgage and rental of property rights that are not clear or legal, regulatory and regulatory;
(vi) Other acts prohibited by law, regulations and regulations.
Article 20, in violation of article 9, paragraph 2, of the present approach, was corrected by the administrative authority responsible for the property of the property; the refusal to rectify it was punishable by a fine of more than three thousand dollars.
Article 21, in violation of article 11 of this approach, was warned by the time limit for the administrative authorities responsible for the property.
Article 22, in violation of article 18 of this approach, provides that, in both or more property brokers, they are charged and charged with charges on behalf of the individual, and are warned by the administrative authorities responsible for the relocation of the period of time; in the event of a severe fine of up to one million dollars.
Article 23, in violation of article 19 of this approach, is subject to a change in the period of time by the administrative authorities of the property administration; the refusal to change is punishable by a fine of more than three million dollars.
Article 24 Property brokering services are governed by law by the relevant administrative authorities in contravention of laws, regulations and regulations such as business, price, tax, security and safety.
Article 25 may apply for administrative review or administrative proceedings in accordance with the law. The parties may apply for the enforcement of the People's Court by failing to apply for administrative review or for administrative proceedings and not to comply with the penalties decision.
Article 26, concerning administrative authorities, property brokers and their staff members who play negligence in the management of property brokering services, abuse of authority, provocative fraud, is governed by the law by their own units or superior authorities, and criminal responsibility is lawful.
Article 27 of this approach was implemented effective 1 September 2006. The provisional approach to the management of property brokers in the first economic zone was repealed by the Government of the people of the host city on 22 June 1994.