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Zhengzhou: Censorship of improper means such as forging house purchase information for house buyers

On March 29, the Zhengzhou Municipal Housing Security and Real Estate Administration Bureau issued the "Implementation Plan for Joint Supervision and Inspection of Zhengzhou City's Special Rectification in the Real Estate Sector of "Double Randomization and One Publicity" (hereinafter referred to as the "Plan"). It explicitly inspects real estate development companies, brokerage agencies, leasing companies and appraisal companies.

During the period from March 29, 2021 to April 30, 2021, Zhengzhou will organize a comprehensive investigation into the chaos and hidden dangers existing in the real estate market, and carry out centralized rectification of the problems discovered during the investigation. , establish a problem ledger. For problems discovered during the inspection, if they can be corrected on-site, they will be ordered to make rectifications on-site. If they cannot be corrected on-site, a rectification notice will be issued and they will be ordered to make rectifications within a time limit.

The "Plan" states that the inspection of development companies shall not be less than 50 of the projects for sale, the real estate brokerage shall be no less than 10 of the registered projects, the leasing companies shall be no less than 20, and the appraisal agencies shall be no less than of the registered projects. 30.

The rectification of brokerage institutions includes intermediary companies forcibly keeping the deposits and purchase funds of both parties to the transaction; failing to conduct filings as required and conducting real estate brokerage business in violation of regulations; illegally withholding deposits, deposits, and property ownership certificates during real estate transactions. ; Provide brokerage services for houses that do not meet the transaction conditions, or use improper means to forge house purchase information for house buyers to achieve the purpose of transaction; provide convenience for customers to sign "yin and yang contracts" with different transaction prices for the same house, illegally circumventing the house 10 items including transaction taxes and fees.

For development companies, the violations that will be concentrated on rectification include using improper means by development companies to forge house purchase information for house buyers to purchase houses for the purpose of selling houses; holding back on sales or hoarding houses in disguise to meet the pre-sale conditions of commercial houses. , failing to apply for a pre-sale license in a timely manner; not disclosing all housing information and selling it at once within 10 days after obtaining the pre-sale license; failing to obtain a pre-sale license or selling development projects that do not meet the conditions for commercial housing sales; having more than one house Selling, harming the lawful rights and interests of home buyers; selling commercial houses by means of return-of-cost sales or disguised return-of-cost sales, selling unfinished commercial houses by means of after-sales leasing or disguised after-sales leasing, splitting and selling commercial houses in pieces, and failing to use the pre-sale proceeds of commercial houses as required, or 11 items including setting up other accounts to directly collect housing payments from home buyers in other ways.

For leasing companies, the rectification content includes housing leasing companies, real estate brokerage agencies, online platforms and individuals or units that sublease more than 10 houses that have failed to register as market entities in accordance with the law; Housing leasing companies and real estate brokerage agencies that operate housing rentals do not have "housing leasing" in their business licenses; housing leasing companies and real estate brokerage agencies that engage in housing leasing and custody business do not register before opening; housing leasing companies and real estate agencies Failure to sign and record the housing lease contract online as required; use threats, intimidation and other violent means to evict tenants, maliciously withhold deposits and rents without legitimate reasons, and adopt business models such as "high in, low out" and "long receipt, short payment" to defraud tenants , the landlord's property and requires the tenant to use "rent loan" through concealment, deception, and coercion.

In terms of valuation agencies, the main violations to be rectified include the registration of real estate valuation agencies, the number of full-time real estate appraisers, and whether the legal representative or managing partner is a full-time registered real estate appraiser; within the institution, The establishment and implementation of quality control, file management, financial management and other systems, the disclosure of various business licenses, rules and regulations, service matters, charging standards, valuation business contracting and charging, valuation business contract signing, etc.

The following is the full text of the "Implementation Plan for Joint Supervision and Inspection of Zhengzhou City's Special Rectification in the Real Estate Sector of "Double Randomization, One Publicity" Department":

County (city, district) Housing Management Bureau (Center) ), city management departments at all levels, and relevant units:

In order to further standardize the order of the real estate market, purify the real estate market environment, solve a series of illegal and chaotic behaviors in the current real estate market, and promote the continued stability of the real estate industry , harmonious and orderly development, in accordance with the "Henan Provincial Department of Housing and Urban-Rural Development, Henan Provincial Department of Natural Resources, Henan Provincial Market Supervision Administration, and China Banking and Insurance Regulatory Commission Henan Supervision Bureau issued lt; Regarding the development of the province's real estate field in 2020 Notice of the joint inspection of "Double Randomization, One Publicity" (Yu Jianfang [2020] No. 425) and the "Zhengzhou City Special Rectification Action Plan in the Real Estate Sector" (Zhengzhou Real Estate Sector Special Rectification Office [2021] No. 1) , relevant deployments and requirements, fully implement departmental supervision responsibilities, strengthen territorial management responsibilities, improve coordinated supervision mechanisms, standardize the order of the real estate market, and promote the stable and healthy development of the real estate market, the "Special Rectification in the Real Estate Sector of Zhengzhou City" is now "double random, one open" The "Implementation Plan for Joint Supervision and Inspection of Departments" is issued to you. Please organize and implement it carefully in accordance with the work requirements. Please report the inspection results to Room 703 of the Marketing Department of the Municipal Housing Authority before April 20, 2021.

Contact person of the Municipal Housing Security Bureau: Chen Shaofeng Tel: 0371-67881218

Contact person of the Municipal Urban Management Bureau: Yang Shaobo Tel: 0371-67178009

Supervision work platform Contact: Wang Ze Tel: 0371-66978011

Zhengzhou Housing Security and Real Estate Administration Zhengzhou Urban Management Bureau

March 22, 2021

Implementation Plan for Joint Supervision and Inspection of Departments in Zhengzhou City’s Special Rectification of “Double Randomization and One Publicity” in the Real Estate Field

In order to fully implement departmental supervision responsibilities and strengthen joint departmental “double randomization and one publicity” supervision, according to the “Double Randomization and One Publicity” supervision of Zhengzhou City Notice of the Office of the Joint Conference on Supervision of "Random and Public" on the issuance of Zhengzhou City's 2020 Departmental Joint "Double Random and Public" Spot Inspection Plan>" to standardize business operations and formulate this plan.

1. Inspection time

From March 29, 2021 to April 30, 2021.

2. Inspection methods

Strictly follow the "double random, one public" inspection requirements, randomly select inspection objects, select law enforcement inspectors, and the municipal bureau inspection team is mainly responsible for the five inspections in the city District inspections, the real estate authorities of each county (city) and development zone are responsible for inspections in their respective jurisdictions according to time nodes. The Municipal Bureau will supervise the development of each county (city), upper block, and development zone in a timely manner.

3. Inspection objects

Mainly inspect real estate development companies, brokerage agencies, leasing companies and appraisal companies. Among them, the inspection of development companies shall not be less than 50 projects for sale, the real estate brokerage agencies shall not be less than 10 registered ones (excluding random inspections of unregistered brokerage agencies), the leasing companies shall be no less than 20, and the valuation agencies shall be no less than 10 registered ones. 30.

IV. Inspection personnel

The bureau has established 2 inspection teams, each with 4 people (official staff of the agency). In accordance with the inspection requirements of "double random, one open", from The relevant departments of the bureau (Marketing Department, Development Department, Regulations Department, Property Rights Department, Safety Department, Leasing Department, Planning and Security Department, Publicity and Policy Department, Letters and Calls Department, Administrative Approval Office) are selected. The first group is responsible for inspecting Jinshui District and Huiji District, and the second group is responsible for inspecting Zhongyuan District, Erqi District, and Guancheng District. The inspectors from the Municipal Urban Management Bureau were randomly divided into two inspection teams.

V. Contents of rectification

Housing security and real estate management departments at all levels and urban management departments shall focus on random inspections of the following matters according to the division of responsibilities:

Housing security and real estate management departments:

(1) Brokerage agencies, focus on rectifying the following violations:

1. The intermediary company forcibly keeps the deposits and purchase funds of both parties to the transaction.

2. Failure to register as required and illegally carry out real estate brokerage business;

3. Illegal deductions of security deposits, deposits and property ownership certificates during real estate transactions;

4. Provide brokerage services for houses that do not meet the transaction conditions, or use improper means to forge house purchase information for house buyers to purchase houses for the purpose of transaction;

5. Sign contracts for the same house for customers "Yin and yang contracts" with different transaction prices provide convenience and illegally avoid house transaction taxes and fees;

6. Collection and custody or even illegally embezzlement and misappropriation of customer transaction funds;

7 .Real estate brokerage agencies provide services such as agency loans and real estate registration, without the written consent of the client, and without explaining the service content and charging standards to the client in advance and charging fees other than commissions in violation of regulations;

8 .The real estate brokerage service contract is not signed by the real estate agent or broker associate;

9. The real estate brokerage agency’s business site fails to publicize it as required or the content of the publicity does not meet the regulatory requirements;

10. Other violations of laws and regulations.

(2) Development companies shall focus on rectifying the following violations:

1. In order to achieve the purpose of selling houses, development companies use unfair means to forge house purchase information for house buyers to purchase houses;

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2. Hold back on sales or hoard housing in disguise, meet the pre-sale conditions for commercial housing, and fail to apply for a pre-sale license in a timely manner; fail to disclose all housing information and sell it at once within 10 days after obtaining the pre-sale license;

3. Failure to obtain a pre-sale license or selling development projects that do not meet the conditions for commercial housing sales;

4. Selling more than one house, damaging the legitimate rights and interests of home buyers;

5. Selling commercial houses by means of return-of-cost sales or disguised return-of-cost sales, selling unfinished commercial houses by means of after-sales leasing or disguised after-sales leasing, and selling commercial houses in pieces;

6 . Failure to use the pre-sale funds for commercial housing as required, or setting up other accounts to directly collect housing payments from home buyers in other ways;

7. Failure to obtain qualification certificates and develop and operate in violation of regulations;

8. The on-site sales announcement of a real estate development enterprise does not meet the requirements, is incomplete in content, is not in standard format, or cannot reflect the dynamic situation;

9. Restricts or refuses house buyers to use housing provident fund loans or mortgage loans

10. During the real estate sale process, whether the owner of the land use right discloses the original soil pollution status of the plot and the pollution control and restoration status;

11. Other violations of laws and regulations.

(3) Leasing companies, focus on rectifying the following violations:

1. House leasing companies, real estate brokerage agencies, online platforms and sublet housing for more than 10 units engaged in housing leasing operations Individuals or units that have failed to register as market entities in accordance with the law;

2. Housing leasing companies and real estate brokerage agencies engaged in housing leasing operations have no "housing leasing" content in their business scope in their business licenses;

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3. Housing leasing companies and real estate agencies engaged in housing leasing and trusteeship business failed to register before opening;

4. Housing leasing companies and real estate agencies failed to conduct house rental contracts as required. Signing and filing;

5. Using threats, intimidation and other violent means to evict tenants, and maliciously deducting deposits and rents without justifiable reasons;

6. Adopting "high in, low out" , "long-term collection, short-term payment" and other business models to defraud tenants and landlords of property;

7. Requiring tenants to use "rent loans" through concealment, deception, or coercion;

8. Other house rental violations.

(4) Appraisal agencies, focus on rectifying the following violations:

1. Real estate appraisal agency registration, the number of full-time real estate appraisers on the job and whether the legal representative or executive partner is Full-time registered real estate appraisers, etc.;

2. The establishment and implementation of internal quality control, file management, financial management and other systems within the organization, and the disclosure of various business licenses, rules and regulations, service matters, and charging standards;

3. Valuation business contracting and charging, valuation business contract signing;

4. Valuation file establishment and management, office space and filing level, workstation matching, etc.;

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5. Failure to go through the procedures for changing matters related to the filing certificate in a timely manner as required, and failing to change the credit disclosure information in a timely manner as required;

6. Employing a real estate appraiser registered with other institutions in The agency practices and is still engaged in real estate valuation business beyond the validity period of the registration certificate;

7. Whether the appraisal agency conducts internal quality review on the appraisal report written by the practitioners, and whether the appraisal report is handled by at least two people Signed by the appraiser and stamped with the seal of the appraisal agency;

8. Use unfair methods such as lowering prices, paying kickbacks, signing low-price charges or monopoly agreements, making false publicity, or disparaging, slandering, or maliciously reporting other institutions. To solicit business by any means and harm the reputation of the industry or the interests of other institutions;

9. To establish branches, business outlets, or offices without authorization to carry out valuation business without filing;

10. Other violations of laws and regulations.

(5) Supervision of counties (cities, districts) and development zones, mainly inspecting the following aspects:

1. Whether to formulate inspection plans or programs and issue relevant inspections Notices, etc.;

2. Whether the work is implemented according to the required stages and time limits, whether the issues reported by the media are handled actively and effectively, and whether the coverage rate reaches the specified ratio;

3. Randomly Randomly inspect 2 to 3 real estate development projects and real estate brokerage agencies to verify the results of self-inspection;

4. Check whether the company has done one thing for one thing, whether it has formulated a rectification and management ledger, and whether it has been included in the ledger Whether projects or enterprises are supervised and resolved one by one according to time nodes;

5. Whether the inspection results are fed back to the municipal bureau in a timely manner. (Each county (city), upper block, and development zone must submit the name, phone number, and inspection summary of the unit’s contact person to Room 703 of the Municipal Bureau’s Marketing Department before April 20)

Urban Management Department :

Punish in a timely manner any matters found to involve punishment.

6. Work Steps and Time Arrangement

(1) Mobilization and Deployment Phase

March 25, 2021 to March 26, 2021.

Inspection notices should be issued in a timely manner, and all units should make relevant preparations before the inspection, formulate inspection plans, summon inspection personnel, arrange and deploy inspection work, unify thinking, and unify inspection contents.

(2) Investigation and rectification stage

From March 29, 2021 to April 30, 2021.

Organize a comprehensive investigation into the chaos and hidden dangers existing in the real estate market, carry out centralized rectification of the problems discovered during the investigation, and establish a problem ledger. For problems discovered during the inspection, if they can be corrected on-site, they will be ordered to make rectifications on-site. If they cannot be corrected on-site, a rectification notice will be issued and they will be ordered to make rectifications within a time limit.

(3) Consolidation and improvement stage

From May 8, 2021 to June 30, 2021.

In accordance with the principle of treating both the symptoms and root causes, strengthen system construction, introduce relevant measures, improve laws and regulations, ensure that management and control responsibilities are implemented in place, industry market supervision is effectively strengthened, and a long-term mechanism for normalized joint management is established and improved.

7. Relevant Requirements

(1) Effectively improve ideological understanding.

All units must consciously improve their political stance, and effectively integrate their thoughts and actions with the decision-making and deployment of superiors, and with the deployment requirements of the "Zhengzhou City Special Rectification Action Plan for the Real Estate Sector" (Zhengzhou Real Estate Sector Special Rectification Office [2021] No. 1) Come up, implement the work with a high degree of consciousness of action, a strong sense of responsibility and mission, and ensure that the special rectification work achieves solid results.

(2) Strengthen organizational leadership and clarify the division of responsibilities. The housing security departments of all districts, counties, (cities, districts) development zones must effectively strengthen organizational leadership, make overall plans and scientific arrangements, further strengthen responsibilities and refine the division of labor; formulate practical and feasible special improvement implementation plans based on the actual conditions of their respective jurisdictions, and carefully organize and implement them.

(3) Strengthen the guidance of public opinion and strengthen information disclosure. Make full use of modern information technology means, focus on the role of new media, strengthen news propaganda, correctly guide public opinion, and create a good social atmosphere. Strengthen the publicity and application of supervision and inspection results, give full play to the guiding role of positive examples, vigorously publicize good experiences and practices, and further strengthen the warning and deterrent effect by exposing typical cases.