165438+1October 3, official website, Zhejiang Provincial People's Government issued the Notice of Zhejiang Provincial Department of Housing and Urban-Rural Development on Further Standardizing the Entrusted Sales of Commercial Houses (hereinafter referred to as the Notice), which stipulates that real estate underwriting institutions and their personnel shall identify themselves to the buyers when selling commercial houses as agents, and shall not charge "e-commerce fees" or "service fees" in disguise in the name of providing intermediary services. The Notice shall come into force on February 1 2020.
The "Notice" regulates from three aspects: strengthening the management of entrusted sales behavior of real estate development enterprises, strengthening the management of agent sales behavior of real estate underwriting institutions and strengthening industry supervision and rectification.
Regarding the management of entrusted sales by developers, the Notice stipulates that when a development enterprise entrusts an underwriting agency to sell commercial housing, it must sign a written entrustment contract, which shall specify the scope, method (online and offline), time limit, authority, commission settlement, restraint on re-entrusted sales, and shall not charge the purchaser, liability for breach of contract and other matters. In addition, development enterprises may not entrust underwriting institutions to sell commercial houses that do not meet the conditions for immediate sale.
In terms of the deposit collected from sales, it is stipulated that the deposit and payment collected from sales should all be included in the project fund supervision bank account, and the underwriting institution may not set up a bank account in its own name to collect the deposit and payment.
Regarding the sales behavior of the underwriting agency, the Notice mentioned that when the real estate underwriting agency and its personnel sell commercial housing as agents, they should identify themselves to the buyers, and they should not charge fees equivalent to "e-commerce fees", "service fees" and "consulting fees" other than the commissions paid by the development enterprises in the name of providing intermediary services. It is not allowed to set conditions such as funds and identity outside the real estate control policy to restrict the right to purchase houses in disguise; The price of commercial housing sold by the real estate underwriting agency should be consistent with the "one room, one price" declared by the project, and the purchase price should not be split in any form, and consumers should not be misled by using false or irregular price signs and clearly marked prices, and commercial propaganda such as "after-sale charter" of pre-sale commercial housing should not appear, and false information should not be fabricated and disseminated for malicious speculation, and housing should not be hoarded in disguise to disrupt market order.
The following is the full text of the Notice on Further Regulating the Entrusted Sales of Commercial Housing:
Municipalities, counties (cities, districts) real estate departments, real estate development enterprises and real estate brokers:
In order to further standardize the entrusted sales of commercial housing, protect the legitimate rights and interests of all parties in the market, create a fair competitive market environment and promote the stable and healthy development of the real estate market, relevant matters are hereby notified as follows according to the Regulations on the Administration of Urban Real Estate Development and Operation, the Measures for the Administration of Commercial Housing Sales, the Measures for the Administration of Urban Commercial Housing Pre-sale and the Measures for the Administration of Real Estate Agents.
First, strengthen the management of the entrusted sales behavior of real estate development enterprises.
(1) When a development enterprise entrusts an underwriting institution to sell commercial housing, it must sign a written entrustment contract. The contract shall specify the scope, method (online and offline), time limit, authority, commission settlement, behavior constraints of re-entrustment, and shall not charge fees to the purchaser, liability for breach of contract and other matters. According to the needs of the work, all localities can formulate a model text of the entrusted sales contract of commercial housing.
(two) when applying for the pre-sale permit of commercial housing, the development enterprise shall specify the sales method in the pre-sale plan. Commissioned sales, it should be clear in the pre-sale plan the name of the underwriting institution and the main entrusted matters. In the process of sales, if the underwriting agency or the main entrusted matters change, it shall submit the change materials to the local real estate authorities in time. The real estate administrative department shall focus on examining the record of the entrusted real estate brokerage institution, the constraints of re-entrustment, and shall not charge any fees to the buyers. If a development enterprise conceals relevant information, it shall be handled in accordance with Article 15 of the Measures for the Administration of Pre-sale of Urban Commercial Housing.
(3) After the underwriting institution facilitates the commercial housing transaction, when the development enterprise signs a commercial housing sales contract with the purchaser, it shall truthfully fill in the detailed information of the entrusted sales institution in the commercial housing sales contract.
(four) the development enterprise shall not entrust an underwriting institution to sell commercial housing that does not meet the conditions for immediate sale. In violation of the provisions, it shall be handled in accordance with the first paragraph of Article 42 of the Measures for the Administration of Commercial Housing Sales.
(five) the development enterprise shall publicize the power of attorney for the sale of commercial housing, the name of the underwriting institution, the business license of the underwriting institution, the filing documents, the information of the housing sold by the agency, the name, unit and photos of the staff of the underwriting institution in a prominent position at the sales site. The personnel of the underwriting agency should take the initiative to identify themselves and let the buyers know the real situation of the service personnel. Deliberately concealing information and misleading consumers shall be dealt with in accordance with Item 6 of Article 56 of the Consumer Protection Law of People's Republic of China (PRC).
(six) the development enterprise shall strengthen the supervision of the underwriting institution and its personnel's sales behavior according to the contract. The deposit and house purchase money collected from sales shall all be included in the project fund supervision bank account, and the underwriting institution shall not set up a bank account in its own name to collect the deposit and house purchase money. If the development enterprise fails to collect and use the pre-sale funds according to the regulations, it shall be handled in accordance with the Measures for the Administration of Urban Commercial Housing Pre-sale and the Interim Measures for the Supervision of Commercial Housing Pre-sale Funds in Zhejiang Province.
Two, strengthen the management of real estate underwriting agency sales behavior.
(a) the real estate underwriting agency shall promptly report to the local real estate authorities for the record.
(two) real estate underwriting institutions shall not sell commercial housing that does not meet the sales conditions. In violation of the provisions, it shall be handled in accordance with the provisions of Article 43 of the Measures for the Administration of Commercial Housing Sales.
(3) Real estate underwriting institutions shall strengthen the management of education and training of employees, improve the service level and professional quality, and the personnel engaged in sales shall receive professional training organized by the real estate authorities or relevant units.
(4) When a real estate underwriting institution conducts consultation, publicity and other sales-related activities outside the sales site, it shall present the qualification certificate of the business license and other subjects, the power of attorney for the sale of commercial housing and the supporting documents for approving the sale of commercial housing at the activity site; The release of sales advertisements for real estate projects shall strictly comply with the requirements of the Advertising Law of People's Republic of China (PRC) and the Regulations on the Release of Real Estate Advertisements.
(5) When selling commercial housing as an agent, real estate underwriting institutions and their personnel shall identify themselves to the buyers, and shall not charge fees equivalent to "e-commerce fees", "service fees" and "consulting fees" in the name of providing intermediary services. It is not allowed to set conditions such as funds and identity outside the real estate control policy to restrict the right to purchase houses in disguise.
(VI) The price of commercial housing sold by the real estate underwriting agency shall be consistent with the "one room, one price" declared by the project, and shall not split the purchase price in any form, mislead consumers by using false or irregular price signs and clearly marked prices, and shall not appear commercial propaganda such as "after-sale charter" of pre-sold commercial housing, fabricate and spread false information for malicious speculation, and shall not hoard houses in disguise to disrupt market order.
(7) The real estate underwriting institution shall strictly implement the real estate regulation and control policies, and inform the buyers of relevant policies in writing. It is strictly forbidden to intentionally mislead, induce, deceive, force or assist the buyers to provide false certification materials to defraud the buyers or evade the purchase restriction policy.
(eight) the real estate underwriting institution shall strengthen the management of the personal information of the purchaser, and shall not disclose or illegally provide the personal information of the purchaser.
Third, strengthen industry supervision and rectification.
(a) to carry out special actions. All localities should organize special inspections on entrusted sales of commercial housing, and resolutely rectify the chaos in the industry. All localities should formulate rectification plans, focus on investigating and dealing with all kinds of illegal acts in entrusted sales activities, and supervise the problems strongly reflected by the masses. It is necessary to strengthen coordination and cooperation with propaganda, development and reform, public security, market supervision, the People's Bank of China, banking supervision and other departments, and timely hand over relevant illegal clues to relevant departments for investigation. Provincial departments will supervise the special rectification in various places in a timely manner. The summary of special rectification work and typical cases of illegal acts were submitted to the Provincial Construction Department on February 3, 2020.
(2) Establish a normal mechanism. All localities should speed up the establishment of a normalized supervision mechanism, make good use of important links such as pre-sale permit of commercial housing, filing of real estate brokers, etc. If illegal sales are found, it is necessary to urge the rectification to be in place before opening sales or continuing sales are allowed. It is necessary to strengthen supervision before, during and after the event, and regularly carry out "double random" inspections of real estate development enterprises. It is necessary to speed up the construction of the credit system in the real estate market, establish and improve the "blacklist" system of dishonesty, timely input the information of illegal enterprises (institutions) and personnel into the credit module of the real estate development and operation system in Zhejiang Province, and accelerate the establishment of a joint disciplinary mechanism of "one place is illegal and everywhere is limited".
(3) Strengthen publicity and guidance. All localities should further smooth the channels for people to complain and report, and standardize handling procedures and behaviors. We should make full use of radio, television, newspapers, the Internet and other media, intensify the crackdown on illegal sales, strengthen risk warning and early warning, and constantly raise people's awareness of safety precautions.
This notice shall come into force on February 1 day, 2020.
Zhejiang Provincial Department of Housing and Urban-Rural Development
202065438+129 October