The new regulation 165438+ 10 will land in October.
In view of the frequent illegal release of information by housing leasing agents, the Notice focuses on a series of regulations for housing leasing information release enterprises and related employees. For example, in terms of the qualification of the subject of information release, the Notice stipulates that real estate brokerage institutions and housing leasing enterprises shall be registered and put on record according to law and operate normally; The information release personnel of the leasing enterprise hold the employee information card.
In fact, in August last year, the Beijing Municipal Commission of Housing and Urban-Rural Development conducted a strict inspection of the real estate broker information card, and at the same time required that the broker information card must be displayed in a prominent position on the page when publishing the listing information.
Yan Yuejin, research director of the think tank center of Yiju Research Institute, pointed out that the current leasing institutions need to meet the requirements of legal registration, information card and housing status statement. Judging from the actual situation, the information card system is not perfect at present, which requires leasing enterprises in Beijing to actively improve such systems, and then form a compliance system in leasing transactions.
For the release of lease information, the Notice also made relevant provisions, such as requiring housing rental enterprises to enter the main information of the contract into the Beijing housing rental supervision platform within 3 days from the date of signing the contract for repossession or rental of housing. In the process of information release, the Internet platform needs to truthfully release the photos, rents and commissions of the houses, and the same house shall not be released repeatedly by the same institution; The same house is released by a number of different institutions, and the combined display is gradually realized; In addition, the listing information that has not been maintained or illegally rented for more than 30 days may not be displayed.
Yan Yuejin explained that more than 30 days of housing information released in the document is actually the most concerned in the market at present, and it is also to solve such problems. "This makes the listing cycle of houses need to be compressed, forcing the intermediary to list some houses that are sincerely traded and rented."
Then, what if some houses are not rented or sold? Yan Yuejin suggested that in specific operations, the release cycle can be extended a little, similar to three months. From this perspective, fine-tuning can be done in the future. But in fact, a similar model can also be done step by step. For example, a high-quality platform can be extended for a longer time, so that the platform will strive to do better.
It is worth noting that the "Notice" clearly stipulates the specific penalties for illegal publishing behavior of enterprises.
Among them, enterprises and employees suspected of publishing housing information in violation of regulations are suspended from publishing information 1-3 months; Illegal release of more than 3 times, not through the Internet trading platform to release the city's housing rental information. This also means that the enterprise "recidivist" who illegally publishes lease information will permanently lose the right to publish online.
According to the notice, the above regulations will be officially implemented from this year 1 1.
Punish the "Gui Li" intermediary
"At present, more and more people get listing information through the Internet and mobile apps. Housing leasing companies and real estate brokerage companies mainly publish housing information through the Internet platform to obtain customers. The listing information published by the Internet platform is mixed, and it is difficult to distinguish between true and false. " Chai Qiang, vice president of China Real Estate Appraisers and Real Estate Agents Association, publicly pointed out.
In fact, from 2065438 to September 2008, the Beijing Municipal Commission of Housing and Urban-Rural Development and other relevant law enforcement departments have carried out the "weekly inspection" of online houses for one year. During this period, we will focus on the special rectification of real estate agents and Internet publishing platforms to solicit business through improper means such as concealment and fraud, to trick consumers into trading or compulsory trading, to disclose profits, and to publish false lease information.
65438+10.9, the Municipal Commission of Housing and Urban-Rural Development released a message saying that since September last year, the law enforcement department of the Municipal Commission of Housing and Urban-Rural Development has interviewed the relevant Internet platforms for more than 20 times, deleting more than 20 pieces of illegal housing information 1.02 million; Implement network disconnection rectification for three websites that have been ineffective for many interviews. At the same time, 380 illegal real estate agencies were investigated and dealt with through public exposure, order to make corrections, administrative punishment, and suspension of publishing housing information, forming a market environment of "one violation, limited everywhere".
As for the rectification of the Internet platform, after the "Zhou Zhou Check" campaign was launched, the Beijing Municipal Commission of Housing and Urban-Rural Development and the Joint Information Office had interviewed the main person in charge of Group 58 according to law, and there was no obvious rectification of the long-standing serious illegal housing information such as "group rent". It was ordered to carry out a four-day special rectification, during which all Beijing housing information was suspended on its website.
"At present, we have completed all the rectification projects required by the Housing Construction Committee within the specified time." The relevant person in charge of the 58 Group said.
In terms of the norms for renting real estate enterprises, the Municipal Commission of Housing and Urban-Rural Development announced in September that among the 16 real estate agencies that were investigated and dealt with according to law due to illegal information release in the whole city, Beijing 3000 Real Estate Agency Co., Ltd. and Beijing Chaoyang Real Estate Agency Co., Ltd. suspended the release of illegal housing information on mainstream Internet platforms for half a year due to their previous commitments.
"After the promulgation of the Notice, the release of false houses, including false house prices, will face greater control, which will directly promote the phenomenon that some intermediaries are mixed and induce customers to make inquiries through false houses, which will have a positive effect on the openness and fairness of the trading market." Yan Yuejin said.
Strengthen lease filing
"At present, the government's" Notice "is based on solving the problem of housing authenticity, but the implementation of the" Notice "needs a process. Therefore, in the actual lease process, the lessee needs to further identify the authenticity of the information and confirm the lease record of the house. " Sun Zhifeng, a partner of Zhuo Wei Law Firm, said.
In this regard, Yan Yuejin added that as the leasing market continues to advocate the same rights in leasing and selling, the filing of leased houses is a necessary link. Unrecorded house leasing behavior may be invalid, which will affect the tenant and his children's future settlement and schooling.
At present, "People's Republic of China (PRC) Urban Real Estate Management Law" and "Urban Housing Leasing Management Measures" clearly stipulate that the lessor and the lessee should sign a written lease contract and register with the real estate management department.
However, in the actual operation process, it is often overlooked that the lessee confirms the housing filing. Therefore, in order to encourage the rental filing behavior, the competent authorities usually confirm it in the form of issuing housing lease certificates.
"How to confirm whether the rental house is filed?" Yan Yuejin suggested that the lessee should check whether he has signed an application for registration and filing of the lease contract after the lease behavior. If you don't fill it out in person, it will be regarded as undocumented. "In the actual operation process, you can ask the intermediary when renting a house, whether to go to the real estate transaction center or the rental service center for business after signing the contract, and you need to urge the intermediary to handle it if necessary."
At the same time, regarding the implementation of the Notice, Sun Zhifeng further pointed out that in practice, the trading platform can clearly stipulate the penalties for violations in the entry contracts signed with brokers and leasing companies, which means that the platform is endowed with the regulatory rights and obligations of post supervision inspection.
Sun Zhifeng reminded that with the issuance of the Notice, the supervision and audit of the platform is becoming more and more difficult. At present, it is necessary to establish a screening, auditing and auditing team that meets the requirements of the Notice and the actual needs of the platform as soon as possible, rather than relying solely on technology.