In order to strengthen the self-discipline management of real estate brokerage institutions and personnel, after extensive and in-depth investigation and research, we have carefully summarized the self-discipline management experience of real estate brokerage industry and fully solicited opinions. We revised the Practice Rules of Real Estate Agents issued in 2006. The revised Practice Rules for Real Estate Brokers was deliberated and adopted by the fifth Council of the second session of our Association on 20 12 165438 10 on 2 6 October, and is hereby promulgated, and shall come into force on 26 March. The following is the full text of the rules, welcome to read!
Article 1 In order to strengthen the self-discipline management of real estate brokerage institutions and personnel, standardize real estate brokerage behaviors, ensure the quality of real estate brokerage services, safeguard the legitimate rights and interests of real estate traders, maintain the order of the real estate market, and promote the healthy development of the real estate brokerage industry, these Rules are formulated in accordance with the provisions of the People's Republic of China (PRC) Urban Real Estate Management Law and the Measures for the Administration of Real Estate Brokers.
Article 2 These Rules are the basic criteria for real estate brokerage institutions and personnel to engage in real estate brokerage activities, the reference standard for the public to judge the practice behavior of real estate brokerage institutions and personnel, and the main basis for self-discipline management of real estate brokerage institutions and personnel by real estate brokerage industry organizations.
Article 3 The definitions of related terms in these Rules are as follows:
(1) Real estate brokerage refers to the behavior of real estate brokerage institutions and personnel to provide real estate agents, intermediaries and other services to clients and collect commissions for facilitating real estate transactions.
(2) A real estate brokerage institution refers to an intermediary service institution established according to law and engaged in real estate brokerage activities.
(3) Real estate brokers refer to real estate brokers and real estate brokerage assistants engaged in real estate brokerage activities. Real estate brokers perform real estate brokerage business in real estate brokerage institutions; Assistant real estate agents assist real estate agents to carry out real estate brokerage business in real estate brokerage institutions.
(4) Real estate brokers refer to professionals who have passed the national real estate broker qualification examination or mutual recognition of qualifications, obtained the qualification of real estate brokers according to law, and are registered to engage in real estate brokerage activities.
(5) Real estate broker associate refers to an assistant supervisor who has passed the qualification examination of real estate broker associate and obtained the qualification of real estate broker associate according to law and registered to engage in real estate brokerage activities under the guidance of real estate brokers.
(6) Real estate brokerage refers to the act that a real estate brokerage institution conducts real estate transactions with a third party in the name of the client and collects commissions from the client in accordance with the provisions of the real estate brokerage service contract.
(7) Real estate agency refers to the act that a real estate agency reports the opportunity to conclude a real estate transaction contract to the client or provides media services for concluding a real estate transaction contract in accordance with the agreement in the real estate brokerage service contract, and collects commissions from the client.
(8) A real estate brokerage service contract refers to a real estate brokerage service agreement concluded between a real estate brokerage institution and a client, including a house buying and selling brokerage service contract, a house leasing brokerage service contract, a house purchasing brokerage service contract and a house leasing brokerage service contract.
(9) Real estate brokerage service refers to the relevant services provided by real estate brokerage institutions and personnel to clients in order to facilitate real estate transactions, including providing information such as housing, customers and prices, inspecting real estate on the spot, and drafting real estate transaction contracts on their behalf.
(10) Exclusive agency means that the client only entrusts a real estate agency to act as an agent for real estate transactions.
(eleven) commission refers to the service fee charged by the real estate brokerage agency to the client according to the real estate brokerage service contract.
(12) Price difference refers to the part where the price (rent) obtained by the real estate seller (lessor) is lower than the price (rent) paid by the real estate acquirer (lessee) in the transaction facilitated by the real estate agent.
Article 4 Real estate agents should realize the necessity of real estate brokerage and its important role in ensuring the safety of real estate transactions, promoting fairness in transactions, improving transaction efficiency, reducing transaction costs, optimizing resource allocation and improving people's living standards, and should have professional self-confidence, professional honor and professional responsibility.
Fifth real estate brokerage institutions and personnel engaged in real estate brokerage activities shall abide by laws, regulations and rules, abide by professional ethics, and follow the principles of voluntariness, equality, fairness, honesty and credibility.
Article 6 Real estate brokerage institutions and personnel shall be diligent and conscientious, and take it as their duty to provide standardized, high-quality and efficient professional services to customers and to promote legal, safe and fair real estate transactions.
Seventh real estate agencies and personnel in the implementation of agency business, under the premise of legality and integrity, should safeguard the rights and interests of clients; In the implementation of intermediary business, we should be fair and upright, and do not take sides.
Article 8 Real estate brokerage institutions should become learning enterprises, strengthen professional ethics education and business training for real estate brokers, encourage and support real estate brokers to participate in continuing education activities, and urge them to continuously increase their professional knowledge, improve their professional ability and maintain a good social image.
Article 9 Real estate agencies should care about the growth and development of real estate agents, create a humanized corporate culture, and attract and retain outstanding talents.
Advocate real estate brokerage institutions and personnel to actively participate in social welfare activities and have the courage to assume social responsibilities.
Article 10 Real estate intermediaries and real estate brokers should respect each other, compete fairly, create a good practice environment, and establish a harmonious development relationship with complementary advantages, information resources sharing and win-win cooperation.
Eleventh real estate brokerage institutions and their branches shall publicize the following contents in a prominent position in their business premises:
(1) Business license and filing documents;
(2) Service items, service contents and service standards;
(3) Real estate brokerage business process;
(4) charging items, charging basis and charging standards;
(five) the supervision mode of real estate transaction funds;
(six) the real estate agent's credit file inquiry method, complaint telephone number and 12358 price report telephone number;
(seven) the model text of the real estate brokerage service contract, the house sales contract and the house lease contract formulated by the construction (real estate) department or the real estate brokerage industry organization;
(eight) other matters that should be publicized as stipulated by laws, regulations and rules.
The branch shall also publicize the business address and contact information of the real estate brokerage institution that set up the branch.
Where a real estate brokerage agency sells commercial housing projects as an agent, it shall also publicize the "Letter of Attorney for the Sale of Commercial Housing" and the relevant supporting documents for approving the sale of commercial housing in a prominent position at the sales site.
The contents publicized by real estate brokerage institutions and their branches shall be true, complete and clear.
Article 12 When performing business, a real estate agent shall wear a badge (card) marked with his name, registration number, practice unit and photo, pay attention to appearance, be polite to others and maintain a good professional image.
Thirteenth real estate brokerage business should be undertaken by real estate brokerage institutions. A branch shall undertake business in the name of the real estate brokerage institution that established the branch. A real estate agent may not undertake real estate brokerage business in his own name.
Fourteenth real estate brokerage institutions and personnel shall not use false information such as housing, customers and prices. Lure customers, not by coercion, malicious collusion, blocking other people's transactions, malicious robbery of peer houses and customers, vicious low-cost charges, helping the parties avoid transaction taxes and fees, belittling peers, false propaganda and other improper means to attract and undertake real estate brokerage business.
Real estate brokerage institutions and personnel shall not send the information of houses and customers to their fixed telephones, mobile phones or personal e-mails without the consent or requirements of the information recipients and interviewees, or they shall not call them, sell houses, attract customers or attract business.
Real estate brokerage institutions and personnel shall solicit real estate brokerage business by placing housing information display boards and distributing housing information leaflets outside the business premises, and shall not affect or interfere with the normal life of others or damage the image of the real estate brokerage industry.
Fifteenth real estate brokerage institutions and personnel shall not solicit and undertake the following business:
(a) the brokerage business of real estate and affordable housing that are not allowed to be traded according to laws and regulations;
(2) Real estate brokerage business that violates laws and regulations or social morality and harms public interests;
(3) Brokerage business that has been exclusively represented by other real estate brokerage agencies;
(4) Real estate brokerage business with incompetent professional ability.
Article 16 When undertaking real estate brokerage business, a real estate brokerage agency shall sign a written real estate brokerage service contract with the client.
The real estate brokerage service contract shall give priority to the model text formulated by the construction (real estate) competent department or the real estate brokerage industry organization; If it is not selected, it shall be approved by the customer in writing.
Real estate brokerage institutions undertaking real estate loans, real estate registration and other businesses shall sign service contracts with clients.
Article 17 When a real estate brokerage institution signs a real estate brokerage service contract with the client, it shall explain the relevant contents of the real estate brokerage service contract and the real estate transaction contract to the client, and inform the following matters in writing:
(a) whether it has an interest in the entrusted real estate;
(two) matters that should be assisted by the client and the information provided;
(3) The market reference price of the entrusted real estate;
(four) the general procedures and possible risks of real estate transactions;
(5) taxes and fees involved in real estate transactions;
(six) the contents and completion standards of real estate brokerage services;
(seven) real estate brokerage service charges and payment time;
(eight) other matters that need to be informed.
If a real estate brokerage institution provides services other than real estate brokerage services according to the needs of the parties to the transaction, it shall explain the service contents and charging standards to the client and obtain the written consent of the parties to the transaction.
The written notice materials shall be signed (sealed) by the client for confirmation.
Article 18 When a real estate brokerage agency signs a house sale or lease brokerage service contract with a client, it shall examine the client's identity certificate, the ownership certificate of the house entrusted for sale or lease, the identity certificate of the owner of the house and other related materials, inspect the house on the spot, and make a housing condition statement.
When a real estate brokerage agency signs a house purchase and lease brokerage service contract with the client, it shall examine the client's identity certificate and other relevant materials, understand the client's purchase qualification, and ask the client about his purchase (lease) intention, including the purpose, location, price (rent level), apartment type, area, year of completion or the degree of newness.
Real estate brokerage institutions and personnel shall properly keep the materials and house keys provided by the clients.
Nineteenth real estate brokerage institutions shall designate or be selected by the client to undertake each real estate brokerage business, and shall be stipulated in the real estate brokerage service contract.
Twentieth real estate brokerage service contract shall be signed by a real estate broker or two real estate brokers who undertake brokerage business, and stamped with the seal of the real estate brokerage institution.
Twenty-first real estate brokerage institutions and personnel shall not affix their seals and signatures on business documents such as real estate brokerage service contracts that they have not provided services, and shall not allow other units or individuals to engage in real estate brokerage business in their own name, or engage in real estate brokerage business in the name of other units or individuals.
Twenty-second real estate agencies and personnel to publish housing information, should be approved by the client in writing; In the published housing information, the housing should be true, the description of the housing situation should be true and objective, and the listing price should be the real quotation of the client and indicate the price connotation.
Article 23 Real estate intermediaries and personnel shall not fabricate and disseminate false information about the real estate market, manipulate or jointly manipulate house prices and rents with customers, encourage real estate owners to drive up house prices and rents, and collude with real estate development and business units to speculate on building numbers.
Article 24 A real estate agent shall, according to the client's intention, timely, comprehensively and truly report the signing opportunities and market changes in the course of business to the client, and shall not conceal important matters related to the transaction from the client; It shall report the business progress to the real estate brokerage institution in a timely manner, and shall not engage in brokerage business without authorization, concealment or deception.
Article 25 A real estate agent shall, by virtue of his professional knowledge and experience, diligently investigate the status of the target real estate, truthfully inform the purchaser (lessee) of the true, objective and complete status of the target real estate, and shall not conceal the defects of the target real estate he knows, and shall assist him in inspecting the target real estate.
Article 26 Real estate brokerage institutions and personnel shall not trick or force the parties to sign real estate transaction contracts, obstruct or interfere with the real estate transactions provided by their peers, accept or lease the real estate they provide brokerage services, or sell or lease their real estate to clients who provide brokerage services.
Twenty-seventh real estate brokerage institutions and personnel should publicize and explain to the parties to the transaction that the state implements the real estate transaction price declaration system, and truthfully declaring the transaction price is a legal requirement; Not to avoid real estate transaction tax, excessive loans and other purposes, to promote the parties to the transaction to sign a contract with different transaction prices for the same real estate. Shall not provide convenience for the parties to the transaction to defraud the purchase qualification; It is not allowed to evade the relevant provisions of the state by means of false gifts, notarization, and entrustment to sell houses.
Twenty-eighth real estate brokerage institutions and personnel shall strictly abide by the regulations on the supervision of real estate transaction funds, ensure the safety of real estate transaction funds, and shall not occupy, misappropriate or delay the payment of real estate transaction funds to customers.
Where a real estate brokerage institution receives and pays transaction funds on behalf of the parties to the transaction, it shall transfer the transaction funds through the special deposit account for customer transaction settlement funds opened by the real estate brokerage institution in the bank. The transfer of transaction funds shall be signed and sealed by the payer of real estate transaction funds and the real estate brokerage institution.
Twenty-ninth real estate brokerage institutions and personnel shall not recommend the services of guarantee, appraisal, insurance, finance and other institutions that have a direct interest to their clients under the condition of concealment or deception.
Thirtieth commissions and other service fees shall be collected by real estate brokers. Real estate agents may not charge fees in their own names.
Real estate brokerage institutions shall not charge any fees that are not indicated or agreed in the service contract; Without investing in the decoration, furniture, household appliances, etc. of the target house, it is not allowed to earn the difference by buying (leasing) at a low price or selling (subletting) at a high price; Do not use false information to defraud agency fees, service fees, house inspection fees and other expenses.
Thirty-first real estate brokerage institutions have not completed the matters agreed in the real estate brokerage service contract, or the services have not reached the standards agreed in the real estate brokerage service contract, and shall not charge commissions; However, if the real estate brokerage service is not completed or fails to meet the agreed standards due to the client's reasons, the client may be required to pay the necessary expenses incurred in the brokerage service according to the real estate service contract.
Article 32 Where a real estate brokerage institution transfers or cooperates with other real estate brokerage institutions to carry out brokerage business, it shall obtain the written consent of the client.
If two or more real estate brokerage agencies cooperate to carry out the same real estate brokerage business, they can only collect commissions according to one business; A cooperative real estate brokerage institution shall distribute the commission according to the agreement of both parties.
Thirty-third real estate brokerage institutions and personnel shall promptly mark the housing information that has been completed or exceeded the entrustment period, or withdraw it from the information publishing channels such as business premises and websites.
Thirty-fourth real estate brokerage institutions shall establish and improve the business record system. The real estate broker who carries out the business shall truthfully record the business execution and the expenses incurred in the whole process, and form a real estate brokerage business record.
Article 35 A real estate brokerage institution shall properly keep real estate brokerage service contracts and other service contracts, real estate transaction contracts, house condition statements, real estate brokerage business records, business handover documents, original vouchers and other materials related to real estate brokerage business.
The retention period of real estate brokerage service contracts and other materials related to real estate brokerage business shall not be less than 5 years.
Thirty-sixth real estate brokerage institutions and personnel shall keep the business secrets of the parties they know in their practice activities and shall not disclose personal privacy; The information of the client and the materials provided by it shall be properly kept, and shall not be disclosed, leaked or sold to others without the consent of the client.
Thirty-seventh real estate brokerage institutions should establish a complaint handling mechanism for real estate brokerage disputes, and properly handle disputes between real estate transaction parties and real estate brokers in a timely manner.
Thirty-eighth real estate brokerage institutions shall establish and improve various internal management systems, strengthen internal management, standardize their own practice, guide and urge real estate brokers and related auxiliary personnel to seriously abide by these rules.
Real estate brokerage institutions shall be responsible for the practice of real estate brokers in accordance with the law, and shall stop the illegal acts of real estate brokers and take necessary remedial measures.
Article 39 The Chinese Society of Real Estate Appraisers and Real Estate Agents shall be responsible for the interpretation of these Rules.
Article 40 These Rules shall come into force on March 1 day, 2065. The Practice Rules for Real Estate Agents (Zhongfangxue [2006] 15) issued on June 3, 2006 shall be abolished at the same time.
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