Real estate agency laws and regulations

Article 1 In order to strengthen the management of real estate intermediary services, maintain the order of the real estate market and safeguard the legitimate rights and interests of the parties involved in real estate activities, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management. Article 2 Anyone who engages in urban real estate intermediary services shall abide by these provisions. The term "real estate intermediary service" as mentioned in these Provisions refers to the general name of real estate consulting, real estate price evaluation, real estate brokerage and other activities. The term "real estate consultation" as mentioned in these Provisions refers to the business activities of providing services such as laws, regulations, policies, information and technology to the parties involved in real estate activities. The term "real estate price appraisal" as mentioned in these Provisions refers to the business activities of measuring real estate and evaluating its economic value and price. The term "real estate broker" as mentioned in these Provisions refers to the business activities of providing real estate information and intermediary agency business for clients. 3. The construction administrative department of the State Council is responsible for the centralized management of real estate intermediary services throughout the country. The construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the centralized management of real estate intermediary services within their respective administrative areas. The real estate administrative departments of the people's governments of municipalities directly under the central government, cities and counties (hereinafter referred to as the real estate administrative departments) shall manage the real estate intermediary services within their respective administrative areas. Article 4 Personnel engaged in real estate consulting business must be professional and technical personnel with technical secondary school education or above in real estate and related majors, with junior professional titles or above in real estate consulting business, and who have obtained the examination certificate. The examination methods for real estate consultants shall be formulated by the construction administrative departments of the people's governments of provinces and autonomous regions and the real estate management departments of municipalities directly under the Central Government. Article 5 The State practices the qualification certification system for real estate appraisers. Real estate appraisers are divided into real estate appraisers and real estate appraisers. Article 6 A real estate appraiser must be a person who has passed the national unified examination and qualification certification, obtained the qualification certificate of real estate appraiser, and obtained the registration certificate of real estate appraiser through registration. Persons who have not obtained the registration certificate of real estate appraisers shall not engage in real estate appraisal business in the name of real estate appraisers. The examination method for real estate appraisers shall be jointly formulated by the administrative department of construction and the competent department of personnel of the State Council. Article 7 A real estate appraiser must be a person who has passed the examination and obtained the qualification certificate of real estate appraiser. Personnel who have not obtained the post certificate of real estate appraiser shall not engage in real estate appraisal business. Measures for the examination of real estate appraisers shall be formulated by the construction administrative departments of the people's governments of provinces and autonomous regions and the real estate management departments of municipalities directly under the Central Government. Article 8 A real estate agent must be a person who has passed the examination, registered and obtained the qualification certificate of real estate agent. Personnel who have not obtained the qualification certificate of real estate broker shall not engage in real estate brokerage business. Measures for the examination and registration of real estate agents shall be formulated by the construction administrative departments of the people's governments of provinces and autonomous regions and the real estate management departments of municipalities directly under the Central Government. Ninth real estate intermediary service personnel qualification examination, by the the State Council municipal construction administrative departments to develop a unified examination outline, designated training materials. The examination methods and questions formulated by the construction administrative departments of the people's governments of provinces and autonomous regions and the real estate management departments of municipalities directly under the Central Government shall be implemented after being approved by the Ministry of Construction. Article 10 It is strictly forbidden to forge, alter or transfer the qualification certificate of real estate appraisers, the registration certificate of real estate appraisers, the post qualification certificate of real estate appraisers and the qualification certificate of real estate brokers. Lost real estate appraiser qualification certificate, real estate appraiser registration certificate, real estate appraiser post certificate and real estate broker qualification certificate, it shall apply to the original issuing authority for a replacement. Eleventh engaged in real estate intermediary business, should set up the corresponding real estate intermediary service institutions. Real estate intermediary service institutions should be economic organizations with the sole legal personality. Article 12 The establishment of a real estate intermediary service institution shall meet the following conditions: (1) Having its own name and organization; (2) Having a fixed service place; (3) Having a certain amount of property and funds; (four) engaged in real estate consulting business personnel, with real estate and related professional secondary school education, primary professional and technical titles must account for more than 50% of the total number; Engaged in real estate appraisal business, there must be a specified number of real estate appraisers; Engaged in real estate brokerage business, there must be a specified number of real estate brokers. The capital and personnel conditions for the establishment of real estate intermediary service institutions shall be reviewed by the local real estate management departments at or above the county level, and industrial and commercial registration shall be handled after passing the examination. Institutions that need to engage in real estate appraisal business across provinces, autonomous regions and municipalities directly under the Central Government shall report to the competent construction administrative department of the State Council for examination. After passing the examination, re-apply for industrial and commercial registration. Thirteenth the establishment of real estate intermediary service institutions shall apply to the local administrative department for Industry and commerce for registration. Real estate intermediary service institutions shall, within one month after receiving the business license, go to the real estate management department of the people's government at or above the county level where the registration authority is located for the record. Where a limited liability company or a joint stock limited company is established to engage in real estate intermediary business, the relevant provisions of the Company Law of People's Republic of China (PRC) shall also be implemented. Fourteenth real estate management departments should conduct an annual inspection of the professional conditions of real estate intermediary service institutions, and publish the list of qualified real estate intermediary service institutions at the beginning of each year. Those who fail to pass the inspection shall not engage in real estate intermediary business. Fifteenth real estate intermediary service institutions must fulfill the following obligations: (1) abide by relevant laws, regulations and policies; (two) follow the principles of voluntariness, fairness, honesty and credit; (3) engaging in business activities in accordance with the approved business scope; (4) charging fees according to the prescribed standards; (5) Paying taxes and fees according to law; (six) accept the guidance, supervision and inspection of the competent department of industry and other relevant departments. Sixteenth real estate intermediary service personnel to undertake business, accepted by their intermediary agencies and signed a written intermediary service contract with the client. Seventeenth with the consent of the client, the real estate intermediary service institutions can transfer the entrusted real estate intermediary business to the intermediary service institutions with corresponding qualifications, but the commission shall not be increased. Article 18 A real estate intermediary service contract shall include the following main contents: (1) the name and domicile of the parties; (two) the name, content, requirements and standards of the intermediary service project; (3) Term of performance of the contract; (four) the amount of fees and the method and time of payment; (5) Liability for breach of contract and dispute settlement methods; (6) Other contents agreed by the parties. Nineteenth real estate intermediary service fees shall be uniformly collected by real estate intermediary service agencies, and invoices shall be issued and taxes shall be paid according to law. Twentieth real estate intermediary service institutions shall establish business files and set up business accounts. Business records and business ledgers shall specify the income, expenses and other expenses in business activities, as well as other contents required by the construction administrative departments of provinces and autonomous regions and the real estate management departments of municipalities directly under the Central Government. Twenty-first real estate intermediary service personnel can consult the relevant information and documents of the client and check the scene when performing business. The customer should assist. Twenty-second real estate intermediary service personnel shall not have the following acts in real estate intermediary activities: (1) to ask for or accept remuneration or other property other than the entrustment contract, or to seek other illegitimate interests by taking advantage of their work; (two) allow others to engage in real estate intermediary business in their own name; (three) at the same time in two or more intermediary service institutions to carry out business; (4) colluding with one party to harm the interests of the other party; (five) other acts prohibited by laws and regulations. Twenty-third real estate intermediary service personnel and clients have an interest, should be avoided. The client has the right to ask him to withdraw. Twenty-fourth due to the fault of real estate intermediary service personnel, causing economic losses to the parties, intermediary service agencies shall be liable for compensation. Intermediary service agencies can recover from relevant personnel. Twenty-fifth in violation of the provisions, one of the following acts, the city, city and county people's government real estate management department in conjunction with the relevant departments to punish the responsible person; (a) without obtaining the qualification of real estate intermediary to engage in real estate intermediary business, shall be ordered to stop the real estate intermediary business, confiscate the illegal income, and may impose a fine; (two) in violation of the provisions of the first paragraph of article tenth, the qualification certificate shall be revoked and a fine may be imposed; (three) in violation of the provisions of article twenty-second, the qualification certificate shall be revoked, the illegal income shall be confiscated, and a fine may be imposed; (four) engaged in real estate intermediary activities beyond the scope of business, confiscate the illegal income, and may impose a fine. Twenty-sixth due to the client's reasons, causing economic losses to the real estate intermediary service institutions or personnel, the client shall be liable for compensation. Twenty-seventh real estate intermediary service personnel in violation of these provisions, if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated by judicial organs according to law. Twenty-eighth real estate management department staff abuse their powers, engage in malpractices for selfish ends, corruption and bribery in the management of real estate intermediary services, shall be given administrative sanctions by their units or higher authorities; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law. Twenty-ninth provinces, autonomous regions and municipalities directly under the central government construction administrative departments can formulate detailed rules for implementation according to these provisions. Thirtieth these Provisions shall be interpreted by the administrative department of construction in the State Council. Article 31 These Provisions shall come into force as of 1 February, 9961day. Institutions engaged in real estate intermediary services before the promulgation of these Provisions shall go through the formalities in accordance with these Provisions, and may continue to operate after passing the examination.