Regulations of Yinchuan Municipality on the Administration of Real Estate Agents

Article 1 In order to strengthen the management of real estate brokerage and protect the legitimate rights and interests of the parties involved in real estate brokerage activities, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management and the actual situation of this Municipality. Article 2 Anyone who engages in real estate brokerage activities within the administrative area of this Municipality shall abide by these regulations.

The term "real estate brokerage" as mentioned in these Regulations refers to the business activities of real estate brokerage institutions and their employees to provide real estate information, agency or intermediary services for clients. Article 3 The municipal real estate administrative department is the administrative department in charge of real estate brokerage activities in this Municipality. Entrusted by the municipal real estate administrative department, the municipal housing property right transaction management institution is responsible for the management of real estate brokerage activities in xingqing district, jinfeng district and Xixia District.

Yongning County, Helan County and lingwu city City real estate administrative departments are responsible for the management of real estate brokerage activities within their respective jurisdictions, and accept the guidance and supervision of the municipal real estate administrative departments.

Industry and commerce, price, taxation and other departments shall, according to their respective responsibilities, coordinate in the management of real estate brokers. Article 4 A real estate brokerage institution shall, within 30 days from the date of obtaining its business license, register with the real estate administrative department where its business premises are located with the following materials:

(1) Business license;

(two) the certificate of ownership of the house or the certificate of lease of the house with a fixed business place;

(3) capital verification certificate of registered capital or contribution;

(four) the identity certificate of the legal representative or person in charge;

(five) the professional qualification certification materials and labor contracts of the employees.

The real estate administrative department shall, within three working days from the date of accepting the application for filing, complete the examination, and if it meets the filing conditions, issue a filing certificate to the society.

Real estate brokerage institutions established before the implementation of these regulations shall go through the filing formalities with the local real estate administrative department within three months after the implementation of these regulations.

Real estate brokerage institutions from other provinces and cities shall carry out real estate brokerage activities in this Municipality, and shall report to the municipal real estate administrative department for the record with the information listed in the first paragraph. Article 5 A real estate brokerage institution changes its name, legal representative or person in charge, business premises, registered capital, etc. Or close down or cancel the registration, it shall go through the formalities of change or cancellation of registration with the administrative department for industry and commerce, and report to the original real estate administrative department for the record within 30 days from the date of change or cancellation of registration. Article 6 This Municipality implements a credit rating system for real estate brokers. The real estate administrative department shall establish a credit file of real estate brokerage institutions to record the basic situation, performance and credit status of real estate brokerage institutions. Credit files are used as the basis of credit rating.

The credit rating measures for real estate brokerage institutions shall be formulated and implemented by the municipal real estate administrative department, and the evaluation results shall be announced to the public. Seventh real estate administrative departments should establish a unified real estate brokerage information network platform, implement online real estate transactions, release real estate transactions and brokerage activities and other information. Eighth second-hand housing transactions in this city to implement online transactions and transaction funds supervision system. The specific implementation measures shall be formulated by the Municipal People's government. Article 9 A real estate brokerage institution shall publicize the following contents in a prominent position in its business premises:

(1) Business license, filing certificate, house ownership certificate of business premises or house lease certificate;

(2) Names, photos and qualification certificates of the employees;

(3) Service scope, charging items, charging methods, basis and standards;

(four) the inquiry method of credit files;

(5) Ways and means of complaint.

Where a real estate brokerage agency sells commercial housing that is allowed to be sold according to law, it shall also publicize the Power of Attorney for the Sale of Commercial Housing and the relevant supporting documents for approving the sale of commercial housing in a prominent position in the business premises or sales premises. Article 10 A real estate brokerage institution shall handle business license fees in accordance with the provisions of the price department, use invoices uniformly printed by the tax department, and collect agency fees. Eleventh real estate brokerage institutions to carry out brokerage business, should sign a written brokerage contract. Article 12 The real estate brokerage business accepted by a real estate brokerage institution shall not be transferred without the consent of the client. Thirteenth real estate brokerage institutions and their employees shall not disclose the contents of the client's request for confidentiality within the scope permitted by law.

Without the written consent of the client, the real estate brokerage institution and its employees shall not provide the client's name, communication method and housing information to other brokerage institutions and employees. Article 14 The real estate leasing information released by a real estate brokerage institution shall specify the name, address and registration number of the institution.

Real estate brokerage institutions and their employees shall not publish real estate rental and sales information containing false and exaggerated contents, and shall not publish real estate information that has not been publicized by the real estate economic information network platform. Fifteenth real estate brokerage practitioners to undertake business, should be accepted by their real estate brokerage institutions, not in the name of individuals to accept the commission, charge fees. Real estate brokerage practitioners shall not serve in more than two real estate brokerage institutions at the same time. Sixteenth real estate brokerage institutions and their employees shall not have the following acts in real estate brokerage activities:

(a) malicious collusion, damage the legitimate rights and interests of the client;

(2) defrauding brokerage fees, service fees and other expenses with false information;

(three) the collection of housing transaction price;

(4) Seeking remuneration or other property outside the contract;

(five) using the convenience of work to directly or assist others to speculate on house numbers and hoard houses;

(six) allow others to engage in real estate brokerage business in their own name.