Seven departments regulate real estate agents: rectifying fake houses, charging fees at random, and selling one room and two houses.
Buying a house and renting a house, the intermediary helps. In recent years, with the second-hand housing market and housing rental market warming up, the real estate intermediary industry has also achieved rapid development, which has played a positive role in activating the market and promoting transactions. However, many problems such as publishing false houses, concealing real information, forcing agency fees, embezzling or misappropriating transaction funds, engaging in financial business in violation of regulations, fabricating and spreading price increase information are also constantly fermenting in the intermediary market.
In response to these problems, seven departments, including the Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, and the Ministry of Industry and Information Technology, recently jointly issued the Opinions on Strengthening the Management of Real Estate Intermediaries to Promote the Healthy Development of the Industry, and put forward 16 policy measures from three aspects: standardizing the intermediary service behavior, improving the industry management system, and strengthening the supervision of the intermediary market, so as to constantly standardize the order of the real estate intermediary market.
Ensure that the listing information is true and the fees will be more standardized and transparent.
At present, in order to attract customers, attract business and improve income, some intermediaries hide "tricky" in their operations: some publish false information about houses or houses that have been sold, some maliciously bid down prices, some conceal information about mortgages, and some have problems such as irregular and opaque fees.
In order to make the intermediary business behavior more standardized, the Opinions made the following provisions on the system design:
Implement the verification system of housing information. Before releasing the listing information, the intermediary should verify the listing information with the consent of the client to ensure that the published listing is real and can be traded.
Prepare a statement of housing conditions. Intermediary release of housing information to prepare a housing situation statement, indicating the verification of housing information, real estate intermediary service contract number, housing location, area, property rights, listing price, property service fees, housing pictures, and other important matters that should be explained.
Strengthen the release management of housing information. The same listing information released by the intermediary in different channels such as stores and websites shall be consistent, and the listing information without written authorization of the property owner shall not be released, and the information that affects the housing transaction such as mortgage shall not be concealed.
The information of traded houses should be removed in time. For houses that have been sold or rented, the intermediary agencies that facilitated the transaction should remove the listing information from the distribution channels such as stores and websites within two working days from the date of signing the house sale or lease contract; For the house that the client has cancelled the entrustment, the intermediary agency shall remove the housing information from various channels within two working days.
In order to regulate the fees charged by intermediaries, the Opinions put forward measures such as clearly marking the price, voluntary choice of agency services by the parties and strengthening supervision. Intermediaries should identify all service items, service contents, charging methods and charging standards in a prominent position in the business premises, and all services must be priced separately; To provide services such as property right transfer and loan on behalf of the client, the client shall choose voluntarily and stipulate in the real estate intermediary service contract; Give full play to the role of 12358 price supervision platform.
Ensure transaction security and standardize financial business cooperation and tax payment.
Buying and selling houses involves real money, and safe transactions are the most important. No one wants to encounter such bad worries as "one room and two sales" and "running away with money"
In order to ensure the safety of housing transactions and safeguard the legitimate rights and interests of the parties to the transaction, the Opinions put forward four measures: standardizing intermediary agencies to undertake business, and intermediaries may not provide intermediary services for affordable housing that does not meet the trading conditions and houses that are prohibited from trading; Standardize the signing of intermediary service contracts. When accepting business entrustment, intermediaries should sign written real estate intermediary service contracts with clients and file them for future reference; To implement the online signing system of transaction contracts, all localities should fully implement online signing of transaction contracts. If a house has completed online signing, it cannot be signed again; To implement the supervision system of transaction funds, all localities should establish and improve the supervision system of transaction funds of stock houses. Intermediaries and their employees shall not collect and pay transaction funds through accounts other than supervision accounts, and shall not occupy or misappropriate transaction funds.
In recent years, in order to meet people’s demand for housing loans, many intermediaries have established business cooperation with financial institutions. However, in practice, there have also been problems such as intermediary designating financial institutions, bundling services, illegal provision or cooperation with other institutions to provide down payment loans.
In this regard, the "Opinions" stipulate that if an intermediary agency provides housing loan agency services, the client shall choose the financial institution independently and shall not bundle financial services with other services; Intermediaries shall not provide or cooperate with other institutions to provide illegal financial products and services such as down payment loans, and shall not charge financial institutions or charge fees such as rebates in disguise; Financial institutions may not cooperate with intermediaries that have not been filed with the real estate authorities to provide financial services.
In addition, in order to standardize the tax payment behavior of intermediaries to assist the parties and avoid problems such as concealing the real transaction price and evading taxes and fees, the Opinions require intermediaries and employees to truthfully inform the parties about tax regulations and preferential policies and assist them to pay taxes in good faith according to law; It is not allowed to induce, instigate or assist the parties to a transaction to sign a contract with different transaction prices for the same house, that is, the so-called "yin-yang contract", and quote a lower transaction price; Shall not help or instigate the parties to the transaction to forge false certificates to defraud tax incentives; Do not resell the tax reservation number.
Intermediary institutions to implement filing and list publicity, intermediaries must be real names.
For a long time, the threshold of intermediary institutions is low, and the fish and dragons are mixed. Some engage in intermediary business without filing, and are outside the supervision; Intermediary practitioners also have the characteristics of high mobility and low overall quality.
The "Opinions" clarify that the filing system and the list publicity system should be implemented for intermediaries: First, the filing system should be strictly implemented, and intermediaries and their branches should be filed with the real estate authorities in accordance with regulations. Institutions that provide services through the Internet should not only go to the provincial communications authorities where the institutions are located, but also go to the real estate authorities in cities and counties where the services are covered. The second is to implement the publicity system for the list of intermediaries. Local real estate, communications, and industrial and commercial administrative departments establish a linkage mechanism to exchange information regularly, and publicize the list of intermediaries that have been filed and not filed through government websites and other channels to remind the masses to carefully choose intermediaries.
In order to strengthen the management of intermediary employees, the Opinions also clarify the following points: if intermediary employees publish housing information on websites and other channels, they should publish it with their real names, and they should wear work cards indicating their names, organization names, national professional qualifications and other information when serving; City and county real estate departments should register the real names of intermediaries; Implement the professional qualification system for real estate brokers.
Those who keep their promises will be smooth all the way, and those who break their promises will be unable to move.
Effective supervision depends on institutional innovation. In the future, we will strengthen the construction of industry credit system and build a new supervision system with credit as the core.
According to the Opinions, the relevant departments of cities and counties should speed up the construction of a credit management platform for the real estate intermediary industry, record the basic information, good behaviors and bad behaviors of intermediaries and employees in the credit management platform in a timely manner, and publicize them to the public. The national credit management platform will also be gradually established and incorporated into the national social credit system.
In the future, honest and trustworthy intermediaries and employees will enjoy convenient and fast services when handling housing verification, contract online signing, loan agency and tax-related business; Relevant departments will optimize the inspection frequency in daily inspection and special inspection; When choosing an intermediary to operate and manage public rental housing invested by the government, all localities will give priority to honest intermediaries.
For intermediaries and employees who violate laws and regulations, the relevant departments will take joint disciplinary measures against serious dishonesty through information sharing, and list the subject of serious dishonesty as the key supervision object, restricting them from engaging in various real estate intermediary services; The illegal decisions and "blacklists" made by intermediaries will be publicized according to law through the enterprise credit information publicity system; For serious untrustworthy intermediaries, their legal representatives, principal responsible persons and employees who are directly responsible for untrustworthy behavior, market and industry ban measures will be jointly implemented.