In China, real estate network marketing started late. Until 1998, China enterprises began to plan and build the earliest real estate internet site-"Window of Real Estate", and launched online real estate auction. Subsequently, more than 20 cities, such as Beijing SouFun, Shanghai Real Estate Window, Shenzhen Real Estate Trading Network, Taiwan Province Jiatianxia, and Hong Kong Real Estate Network, joined hands to form the Greater China Real Estate Portal and Real Estate Network Alliance, hoping to expand the market by selling houses online. The emergence of selling houses online has made many traditional real estate companies feel new opportunities and challenges.
Nevertheless, the overall development level of China real estate network marketing market is still in the primary stage, and the situation is chaotic, far from reaching the level of large-scale operation, and basically in a decentralized guerrilla state. First of all, the real estate online market is in a state of chaos. Real estate development enterprises all over the country have started to establish various real estate websites. The phenomenon of "fragmentation, disorder and miscellaneous" is quite serious. Without a unified online real estate trading market platform, it is impossible to effectively supervise and manage all kinds of real estate developers. Secondly, the identities of the two parties to the transaction-real estate developers and consumers-have not been effectively determined, so that in some online housing exhibitions and online housing auctions, the winning bidder failed to fulfill the bidding promise, which seriously affected the security and stability of the transaction. Thirdly, online real estate sales advertisements are overwhelming, and the authenticity of advertisements is out of control. Consumers are too busy to see the true and false, and even consumers lack trust in the online advertising of real estate development enterprises, which seriously affects the development of real estate online marketing business.
Second, it is necessary to establish a real estate network marketing market supervision system.
"regulation" comes from the English word "regulation", which is generally translated by economists as "regulation", meaning the economic control imposed by government representative agencies on (usually) private companies. However, in the legal field, the word "supervision" is usually used to correspond to "supervision" for specific control means such as market access and information disclosure, which means that the main body of supervision supervises and manages the entry, exit and free transactions of market participants through comprehensive power.
Some scholars believe that too much emphasis on government intervention in the market operation system often makes enterprises lack the ability to cope with changes in market competition. However, more scholars believe that the function of government policy is to promote or supplement the coordination function of the private sector, rather than treating the government and the market as mutually exclusive substitutes. The goal of government policy is to improve the private sector's ability to solve coordination problems and overcome other market defects. The author thinks that both views have some truth, and the key lies in grasping the relationship between the government and the market and the degree of government intervention.
Generally speaking, modern economics believes that the government should not interfere too much in areas where the market can adjust itself and the industry can solve problems through self-discipline management; On the other hand, if the above-mentioned market self-discipline supervision and industry self-discipline management cannot solve the problems, such as areas with serious information asymmetry, areas where market supervision is lagging behind and it is easy to cause unreasonable resource allocation, and areas that are related to the overall situation of national economic development and economic growth, the government needs to intervene in the market and make necessary supervision or regulation of such markets. As Professor Daniel F. Sperber reminded people, don't treat the market as an automatic machine. When defining this kind of economic regulation (or supervision), he should consider the following three factors: the allocation of resources by the market, the decision-making of consumers and enterprises, and the interactive relationship between consumers and enterprises through the regulation system. The author believes that these three factors are completely necessary to be considered for the supervision of the real estate online marketing market.
In terms of resource allocation, the market plays a fundamental role in resource allocation, but the real estate network market has both the characteristics of the real estate market and the particularity of the network environment, which makes it difficult for the market to play its normal role in resource allocation, that is, there is a danger of market failure. Therefore, it is necessary for the government to supervise the real estate network market to avoid economic losses caused by market failure. According to the public interest theory of supervision, government supervision is a response to market failure. Through government regulation, market failure can be corrected, resource allocation efficiency can be improved, and social rights and interests can be enhanced. On the other hand, in China, the real estate network market is a new market. Due to the virtuality of the network environment and the technical factors of the real estate market itself, real estate enterprises have natural information advantages, which makes the real estate network marketing market have serious information asymmetry, which will seriously affect consumers' purchase decisions. To dispel consumers' doubts, we must standardize the real estate network market by legal means and eliminate this information asymmetry, which is beneficial to both real estate enterprises and consumers.
Third, build a real estate network marketing market supervision system in line with China's national conditions.
From the above-mentioned China real estate network marketing market situation, we can see that the failure of laws and regulations is the fundamental reason that hinders the healthy development of China real estate network marketing. Therefore, in order to promote and accelerate the development of online real estate marketing, it is necessary to improve the corresponding laws and regulations and build a real estate online marketing market supervision system in line with China's national conditions.
The author believes that the supervision system of real estate online marketing market should at least include the following aspects: the supervision institution and its functions of real estate online marketing market, the qualifications of real estate developers to enter the real estate online market, the rules for real estate developers and consumers to enter the real estate online market, the rights and obligations of supervision institutions and real estate enterprises and consumers, and the legal responsibility for violating the supervision system.
The traditional real estate management department in China is the State Administration of Land and Housing, whose function is mainly about the registration and planning management of real estate such as land and houses, but not about the real estate transaction management on the network platform. Therefore, it is suggested to set up an "online transaction management office" on the basis of the original functions of the State Bureau of Land and Housing Management, which is responsible for the online transaction management of real estate enterprises, monitoring the online transaction of real estate enterprises, supervising the online information release and transaction of real estate enterprises, and accepting and handling consumer complaints.
With regard to the qualifications of real estate enterprises, according to the regulations of the Ministry of Construction on the qualification management of real estate development enterprises, the qualifications of real estate development enterprises in China are divided into four grades, among which the first-class and second-class qualified real estate development enterprises have strict requirements in registered capital, operating years, performance, technical strength and engineering quality. Therefore, in view of the fact that China's real estate online trading market is still in its infancy, the author believes that only real estate development enterprises with first-and second-class qualifications are allowed to enter the online real estate market for the time being. For qualified real estate development enterprises to enter the online real estate marketing market, we can consider setting up a unified regional real estate online trading market with provincial administrative regions as units, and setting up a special website to be managed by the "online trading management office" of the real estate administration. Each prefecture-level city can set up a real estate trading sub-site and accept the unified command of the provincial real estate online trading market. If all qualified real estate enterprises want to enter the real estate online trading market, they must apply to the "online trading management office" of the local real estate administration, register the identity information of real estate developers, and obtain a network platform for developing real estate online marketing on this special website. This will help the government to effectively supervise and manage the online marketing activities of real estate developers and protect the legitimate rights and interests of real estate consumers.
For the rules for real estate enterprises and consumers to enter the real estate online market, the real estate administration can consider charging a certain amount of deposit to real estate developers who enter the real estate online marketing, and opening a special account for management. The deposit is used as a guarantee of compensation in the event of a dispute. According to the principle of reciprocity, in order to prevent people from not fulfilling the contract after bidding or subscription, real estate development enterprises can be allowed to collect a certain deposit from real estate consumers who participate in online bidding or other purchase activities before entering the online bidding web platform or subscription platform. The deposit shall be deposited in a specific account and supervised by the bank or relevant departments. If the transaction is successful, the deposit can be used to offset the price; If the transaction is unsuccessful, it must be returned to the consumer in full.
Real estate enterprises must put the real information of the real estate they want to sell on the trading network platform for consumers to inquire, and the real estate enterprises are responsible for the authenticity of the advertisements they publish and the real estate information related to the transaction. In addition, drawing lessons from the practice of information disclosure in the securities market, we can consider requiring real estate enterprises entering the real estate online trading market to submit online business reports to the real estate management department every six months, and the real estate management department can conduct irregular inspections and can inquire and handle consumer complaints. At the same time, the real estate management department should disclose the credit records of all real estate enterprises that trade online for public inspection. For real estate enterprises that violate the regulations, the real estate management department can give warnings, fines, suspend business for rectification, and cancel their qualifications for online real estate transactions. Those who violate the criminal law shall be investigated for criminal responsibility of the relevant responsible persons according to law.
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