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Benxi City Real Estate Services Management

Original Language Title: 本溪市房地产中介服务管理办法

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(Act No. 98 of the People's Government Order 10 October 2002)

Chapter I General
Article 1. To strengthen the management of property brokering services, to preserve the property market order and to guarantee the legitimate rights and interests of the parties involved in the brokering activities of the property, and to develop this approach in line with the relevant laws, regulations.
Article 2 establishes a property brokering service in the administration of the city and engages in urban property brokering services, which should be respected.
Article III refers to property brokering services as described in this approach to the general title of property counselling, real estate price assessment and property brokering activities.
This approach refers to the provision of legal regulations, policies, information, technology services to the owner of the property activity.
This approach refers to the assessment of real estate prices, which refers to the measurement of real estates and to the performance of their economic values and prices.
This approach refers to the operation of the commissioner to provide the owner with information on property and inter-located operations.
Article IV is the administrative authority for the management of property brokering services in my city (hereinafter referred to as the administrative authority for property).
In accordance with their respective responsibilities, the Ministries of Land, Commerce and Industry, Prices, Labour and Social Security, and Tax Services are jointly managed in the management of property brokering services.
Article 5
Chapter II Intermediation services
Article 6.
Those who have achieved the Licence Certificate of the People's Republic of China's Property Agents of the People's Republic of China or the People's People's Republic of China's Associates from the Licence Certificate may be directly operational.
Real estate valuationrs who have achieved the Licence of the People's Republic of China's Property Evaluator's Licence Certificate and are registered with the Real Property Evaluator of the Register of Real estate Evaluator of the People's Republic of China, and the Real Property Evaluator of the People's People's Republic of China, may be directly involved in the valuation of property.
Article 7 has experience in practice of professional work in the field of property with higher than five years or has access to higher-level technical positions related to the premises industry, and is given to the Institut of the stream service by training, archaeological qualifications.
An effective period of three years is the qualification of the stream occupants.
Article 8 shall apply for the receipt of the Entrepreneurship of Property Intermediators in the stream city, and shall submit the following documents:
(i) Applications;
(ii) Identification certificates;
(iii) The qualification of service providers in the stream city;
(iv) The labour contract signed by the applicant with his own property intermediary;
(v) In the case of the property intermediary service agency, the certificate was completed for one year.
The municipal property administration authorities shall review the nuclear launch of the Entrepreneurship of Property Economies in the city of Ben stream within 30 days of receipt of the request.
Article 9
Article 10: The Licence of Postal Intermediation Services in the stream city, the Entrepreneurship of Property Intermediation Services, is published by the Housing Administration.
Article 11 prohibits the falsification, alteration, transfer, transfer and transfer of licensee of property and the conduct of business certificates.
Chapter III Intermediation services
Article 12
Property brokering services should be an economic organization with independent legal personality.
Article 13 establishes the following conditions for the establishment of property brokering services:
(i) The name and organization of the organization;
(ii) There are fixed service places;
(iii) There are eligible registration funds;
(iv) In the case of property counselling operations, more than primary technicians should be in possession of property and related professional secondary education and the number of required personnel;
(v) Other conditions under the laws, regulations and regulations.
Article 14. The establishment of a property brokering service shall be governed by the following procedures:
(i) To make requests for start-up to the municipal business administration sector;
(ii) A special industry and joint approval of notices by the municipal and business administration authorities;
(iii) The municipal property administration authorities shall submit, within five working days from the date of receipt of the special industry and the joint approval of the notice file, advice to return to the municipal business administration sector;
(iv) After the approval of the agreement by the municipal housing administration authorities, the licence of the industrial and commercial administration is granted;
(v) Instruction of a licence for operating expenses to local tax authorities and to the municipal price administration authorities;
(vi) In the period of 30 days of receipt of a business licence, documents such as a copy of the licence and a copy of the tax registration certificate are available to the municipal property administration authorities.
Article 15 introduces a management system for the quality of the property brokering services.
The administrative authorities of the housing sector are authorized to a level of qualifications based on the self-registered funds of the property brokering service, the number of brokering and the performance of operations.
Since the date of the submission of the case to the administrative authorities of the housing estate, the property brokering service has been completed for a period of one year, which may apply to the housing administration authorities for an authorized level of service.
Article 16
Level-level institutions: self-registered funds of a State nature are not less than 50 million dollars, and self-registered funds of a personal nature are not less than 30,000 dollars; persons holding the Entrepreneurship Service are not less than 8; and the corresponding performance of business brokering in property is not less than four years and engaged in brokering activities.
Level II: The self-registered funds of a State shall not be less than 250,000 dollars, and self-registered funds of a personal nature shall not be less than 150,000 dollars; persons holding the certificates of eligibility for occupancy services in this city shall not be less than 6; and the operation of a property brokering shall not be less than three years and have corresponding performance in brokering activities.
3 institutions: self-registered funds of a State nature are not less than $1.2 million, and self-registered funds of a personal nature are not less than 80,000; and persons holding certificates of eligibility for property brokering services are not less than 4 persons.
While the number of registered funds, the number of brokers has reached one and the secondary real estate intermediary terms, the duration of the operation and performance of the property intermediary have not been met with the corresponding criteria, with a reduction of one hierarchy.
Article 17
At the level, agencies may provide information, advice, representation, planning and services for activities such as marketing, property transfer, mortgage and lease.
The secondary body may provide information, advice, representation services for activities such as the sale of commodities, property transfers, mortgages and rentals.
The three-tier bodies may provide information, advice, representation (without pre-disposed sales) services for activities such as asset transfer, mortgage and rental.
The property brokering services should be subject to the authorized operational scope for brokering services and should not exceed the authorized level of operation.
Article 18
(i) Compliance with relevant laws, regulations and policies;
(ii) Respect the principle of voluntary, fair and genuine credit;
(iii) Operational activities in accordance with the authorized operational scope;
(iv) The fees charged according to the prescribed criteria;
(v) The payment of tax fees by law;
(vi) To receive guidance, supervision and inspection by industry authorities and other relevant departments.
Article 19 shall be subject to annual review of the qualifications of the property brokering service agency and to the assessment of the corresponding level of qualifications; in the year, it shall not be eligible for the operation.
Chapter IV
Article 20 Operators of Property Intermediation Services, which is jointly delegated by their intermediary services and shall enter into a written brokering service contract with the author.
Property brokers may not be entrusted on behalf of the individual.
Article 21, with the consent of the author, may transfer the property brokering operation to the agent of the property-conclusive property intermediary service, but not to add domestic funds.
The information provided to the author by the property intermediary services in article 22 must be authentic, reliable and must not conceal the real situation or leave.
Article 23. The provision of brokering services by property intermediary services to the author must enter into a property brokering service contract.
The property brokering service contract should include the following main elements:
(i) The name or name, residence of the person entrusted;
(ii) Names, content, requirements and standards of brokering services projects;
(iii) The duration and manner of contract performance;
(iv) The amount and the manner in which payments are made;
(v) Violations of responsibility and dispute resolution;
(vi) Other elements agreed by the parties.
Article 24 does not carry out a contract for property brokering services and shall not be charged with brokering services and shall be recovered in part; and, in part, the payment of brokering services is reduced.
Article 25 has been signed by the author of the brokering service contract to enter into a purchase agreement for privately circumventing the costs of brokering services, and has been found to have to be transferred to the property broker service providers providing the information.
Article 26 causes economic losses due to negligence by the agents of the property brokering service, and liability is borne by the intermediary service agencies. The agencies in which the intermediary services are located may seek compensation.
For the reason of the commissioner, the owner should be responsible for the economic loss of the property intermediary service or the intermediary service.
Article 27 provides that property brokering services shall be charged with royalties at a minimum tender price and must be invoice and taxed in accordance with national-mandated charges projects and standards.
The operation of the Property Intermediation Service should establish operational records and operational desks. Operational records and operational desk accounts should contain income, expenditure and other related elements of operational activities.
Article 29 Postal intermediary service providers may, upon request, access to the information and documentation of the commissionor, assist and provide comprehensive and real information.
Article 33 Professional awards by property brokering services must be reviewed by the municipal property authorities and should include in the advertisement the name, address, qualification certificate, no exaggeration and false advertisements.
Article 31 prohibits the use of the following acts in the activities of the property brokering agencies and property broker services:
(i) To request, receive payments or other property other than the awarding contract, and to take advantage of the work, to gain other unjustifiable interests;
(ii) To allow others to engage in asset brokering services in their own name;
(iii) operate in parallel with two or more intermediary service providers;
(iv) Concrete damage to the interests of the other party with one party;
(v) Constraints, alterations and transfer of licences for operating property services;
(vi) Concluding the provision of false information;
(vii) The adoption of coercion, fraud and bribery to facilitate transactions;
(viii) Provision of brokering services for the transfer, mortgage and rental of property to the extent that the right is not clear or legal, regulatory and regulatory;
(ix) Received the establishment of a fee project to raise standards for brokering services;
(x) Other acts prohibited by law, regulations and regulations.
Article 32 shall receive reports and complaints, and violations of this approach shall be promptly investigated and the results will be processed within 30 days for the reporting person or the complainant.
Chapter V Legal responsibility
Article 33 violates one of the following acts:
(i) The failure to obtain the qualifications of a property intermediary to engage in a business brokering operation in the real estate order to put an end to the operation of a property broker and to impose a fine of up to 300,000 dollars;
(ii) The discontinuation of business licences by the business administration sector for two consecutive years;
(iii) In violation of article 11 of this approach, the release of a certificate of eligibility or a notice certificate may be subject to a fine of up to $100,000;
(iv) In violation of article 31, subparagraphs (i) to (iv), of this scheme, the recovery of a certificate of eligibility or the issuance of a certificate of eligibility may be fined by more than 300,000 dollars;
(v) In violation of the provisions of article 31 (v) to (viii) of this scheme, a fine of up to $100,000;
(vi) In excess of the authorized level of funding to engage in property brokering activities, a fine of up to $300,000;
(vii) The Licence of Postal Intermediation Services in the city of Ben stream, the Entrepreneurship of Property Intermediation Services, which is not subject to the required annual review, the time limit is changed and the impossibility of the issuance of a notice certificate, the application of the business certificate and the fine of up to $200,000.
Article 34 violates this approach by dealing with the management competences of sectors such as business, price, tax, etc., by law.
Article XV of the parties' decisions on administrative penalties may apply for administrative review or administrative proceedings.
Article XVI Abuse of authority, negligence, provocative fraud by property intermediary service managers, is subject to administrative disposition by the unit or its superior authorities, and is a serious form of criminal responsibility by law.
Annex VI
Article 37 does not have an intermediary service with the quality of the profitability of the property intermediary, and, within 15 days of the date of operation of the scheme, the approval of the quality of the property brokering is required under this scheme.
Article 338 streams, dwindow self-government can be implemented in the light of this approach.
Article 39 of this approach is implemented effective 1 November 2002.