The sale and purchase of commercial housing is very particular, and each locality has formulated its own commercial housing pre-sale management rules based on local actual conditions. Wuxi also promulgated the "Wuxi City Commercial Housing Sales Management Implementation Rules" in 2004. The rules have 28 articles and explain in detail the rules and systems for commercial housing sales management. Both homebuyers and developers can refer to the detailed rules for reference.

The purchase and sale of commercial housing is very particular, and each locality has formulated detailed management rules for the pre-sale of commercial housing that are in line with the actual local conditions. Wuxi also promulgated the "Wuxi City Commercial Housing Sales Management Implementation Rules" in 2004. The rules have 28 articles and explain in detail the rules and systems for commercial housing sales management. Both homebuyers and developers can refer to the detailed rules for reference.

Article 1 In order to further strengthen the sales management of commercial housing in this city, regulate the market behavior of real estate development enterprises and sales agency enterprises, and effectively protect the legitimate rights and interests of home buyers, in accordance with the "Real Estate Management Law of the People's Republic of China and Guocheng City" 》. These detailed rules are formulated in accordance with the provisions of laws, regulations and rules such as the "Urban Real Estate Development and Operation Management Regulations", "Urban Commercial Housing Pre-sale Management Measures", "Commercial Housing Sales Management Measures" and other laws, regulations and rules, combined with the actual situation of this city.

Article 2 These detailed rules shall apply to the sales and management of commercial housing sales within the urban area of ??this city.

Article 3 The sales of commercial housing as mentioned in these detailed rules include the current sale of commercial housing and the pre-sale of commercial housing.

Spot sale of commercial houses refers to the behavior of real estate development enterprises selling commercial houses that have passed the completion acceptance and obtained the initial registration certificate to the buyer, and the buyer pays the house price.

Pre-sale of commercial housing refers to the behavior in which real estate development companies sell commercial housing under construction to buyers in advance, and the buyers pay deposits or house prices.

Article 4 The sales management of commercial housing in this city implements a commercial housing pre-sale (sales) license system, a commercial housing sales contract registration and filing system, and a sales process tracking and supervision system.

The Wuxi Real Estate Administration Bureau is the competent authority for the sales management of commercial housing in this city. The pre-sale (sales) licenses for commercial housing within the urban area of ??this city are uniformly issued by the Municipal Real Estate Administration Bureau. The registration and filing of commercial housing sales contracts and the ownership registration related to pre-sales (sales) are entrusted by the Municipal Real Estate Administration Bureau to the Municipal Real Estate Administration. The Property Rights Supervision Office of the Administration Bureau implements unified implementation.

Article 5 Before conducting pre-sales of commercial housing, real estate development enterprises shall apply for a pre-sale license from the Wuxi Real Estate Administration Bureau, and can only pre-sell after obtaining the "Commercial Housing Pre-(Sales) License".

Article 6 When a real estate development enterprise applies for a "Commercial Housing Pre-(Sales) License", it shall enter relevant information as required through the Wuxi Real Estate Market Information Management Platform and submit the following certificates (copies) and materials :

1. Real estate development enterprise business license and qualification certificate:

2. Land use right certificate (with transfer contract or land use approval document attached):

3. Construction project planning license and construction project construction license (with community planning master plan attached):

4. Project construction contract:

5. Commercial housing pre-sale plan. The pre-sale plan should explain the design plan of the community's public facilities and green planting, the results of pre-sale area surveying and mapping, the pre-sale price, termite prevention measures for commercial houses and the implementation of property management after delivery, a detailed inventory of the commercial houses put into pre-sale, and whether they will be sold by themselves or entrusted to sell. (For entrusted sales, a copy of the entrustment contract and the sales agency business license and qualification certificate should also be submitted);

6. Other supporting materials

Article 7 The Municipal Real Estate Administration accepts development After the enterprise applies, it will conduct information review and on-site inspection. For commercial housing projects with complete information and meeting the following conditions, a "Commercial Housing Pre-Sales License" will be issued within one working day:

1. Already Complete the demolition tasks specified in the demolition permit within the scope of the planned site map,

2. According to the construction project determined by the plan, land and planning, the image construction progress of each multi-story commercial house put into pre-sale reaches more than 50% , the image construction progress of each small high-rise and high-rise commercial housing has reached more than 30%.

Article 8 For projects that have obtained pre-sales licenses, the Municipal Real Estate Administration Bureau will announce them to the public through newspapers, the Internet or other channels, and set up online or telephone inquiry services.

Article 9 When a real estate development enterprise pre-sells commercial housing, it shall present the "Commercial Housing Pre-(Sales) License" to the purchaser. For real estate development projects that have not obtained the "Commercial Housing Pre-(Sales) Sales License", real estate development companies are not allowed to conduct pre-(sales) sales of commercial housing or conduct disguised sales activities through reservations, appointments, etc., and are not allowed to collect deposits or advance payments in any form.

Article 10 When a real estate development enterprise sells commercial housing, in addition to presenting the "Commercial Housing Pre-sale (Sales) License" to the purchaser, it should also present the commercial housing completion acceptance certificate and the commercial housing initial registration certificate.

Article 11 If a real estate development enterprise entrusts an intermediary agency to sell commercial housing as an agent, it shall entrust an honest and trustworthy intermediary agency and sign a commercial housing sales entrustment contract with the intermediary agency. When an intermediary agency sells commercial housing, it shall present relevant certification documents and the commercial housing sales entrustment contract to the commercial housing purchaser in accordance with the provisions of Articles 9 and 10 of these Detailed Rules.

Article 12 Real estate development enterprises and sales agency enterprises shall conduct advertising in strict accordance with the Advertising Law and the Interim Provisions on the Release of Real Estate Advertisements. Property sales advertisements and brochures must indicate the corresponding approval number of the "Commercial Housing Pre-(Sales) License". Real estate development projects that have not obtained the "Commercial Housing Pre-(Sales) License" shall not be advertised in the names of "internal subscription", "internal subscription", "internal registration", etc.

Article 13 Real estate development enterprises and sales agency enterprises shall strictly implement national and provincial and municipal price policies, sell goods fairly and honestly, and shall implement the following regulations:

1 , It is not allowed to create false sales control lists and any other form of false price increase information, it is not allowed to artificially organize queues or drive up housing prices in any other way, it is not allowed to pay wages in a way that violates the regulations of the labor management department to cause sales staff to raise prices to sell houses, and it is not allowed to If prices are raised at will and housing prices need to be adjusted within the price adjustment range allowed by the price department, the price adjustment plan should be announced one month in advance.

2. Sales personnel are strictly prohibited from speculating on real estate by taking advantage of their position. When sales personnel purchase commercial housing developed or sold by their company, they shall not transfer it before registering the transfer of ownership of the commercial housing and obtaining the house ownership certificate and land use right certificate.

3. It is strictly prohibited to pre-sell commercial housing in disguised form through the sale of valuable membership cards, VIP cards, room selection plates, etc. Membership cards, VIP cards or room selection plates issued free of charge to reserved target customers must be registered with real names. Membership cards, VIP cards and room selection number plates are prohibited from being transferred.

4. It is prohibited to sell commercial houses by means of return-of-cost sales or disguised return-of-cost sales, and it is prohibited to sell unfinished commercial houses by means of after-sales leasing or disguised after-sales leasing.

Article 14 When a real estate development enterprise pre-sells commercial housing, it shall clearly mark the price, safeguard the buyers’ right to know the calculation of the commercial housing area and house price, and strictly fulfill the following notification obligations:

< p> 1. The relevant housing construction area calculation data should be publicized at the sales office for home buyers to check. The publicized information includes: the overall community plan, building layered plan, commercial housing area surveying and mapping report, community public plan approved by the planning department The construction of supporting buildings and public houses must have site instructions and construction area apportionment schedules.

2. The base sales price, floor, location, orientation, environment and other adjustment coefficients, as well as the calculation formula for the total price of commercial housing, etc., should be publicized at the sales office. If one house is sold at one price, the price list of available houses should also be published.

Article 15 Commercial housing is sold by units. Shopping malls and office buildings are sold by basic units such as buildings, floors, and units (rooms) with closed, permanent, fixed maintenance structures as boundaries. Real estate development enterprises , Sales agency companies are not allowed to split and sell in pieces.

Article 16 The parties involved in the sale of commercial housing shall use the model text formulated by the Ministry of Construction and the State Administration for Industry and Commerce when signing the "Commercial Housing Sales Contract". Optional clauses and supplementary clauses in the model contract text should be negotiated and agreed upon by both parties to the contract on the basis of equality and voluntariness. Real estate development companies and sales agency companies must not abuse their advantageous position and use standard contracts or standard clauses to impose restrictions on counterparties. Make unreasonable and unfair regulations.

Article 17 After the commercial housing sales contract is confirmed by both parties, the real estate development enterprise shall promptly register and file online with the Property Rights Supervision Office of the Municipal Housing Administration Bureau through the Wuxi Real Estate Market Information Management Platform, and print out the commercial housing sales contract. Proof of contract registration and filing, and at the same time, indicate in the property listing of the commercial house that the unit (set) of the commercial house has been sold. The contract registration and filing certificate is an attachment to the "Commercial House Sales Contract". The real estate development company, sales agency company and house purchaser should all sign (seal) the "Commercial House Sales Contract" and the registration and filing certificate together.

Article 18 Before applying for the transfer registration of commercial housing ownership, if both parties to the pre-sale agreement need to change the terms of the commercial housing sales contract other than the contract parties, they shall present the original contract text, registration and filing certificate, The contract change application form and other required registration materials shall be submitted to the Property Rights Supervision Office of the Municipal Real Estate Administration Bureau, and relevant procedures shall be completed through the online operating system.

Article 19 Commercial houses that have been registered for pre-sale shall not be transferred before they are delivered for use and the house ownership certificate is obtained. If the name change is indeed between immediate family members or between members of the same household registration, with the consent of both parties to the contract, the household registration book, marriage certificate or certificate from the household registration management department must be provided, and an application must be submitted to the Property Rights Supervision Office of the Municipal Real Estate Administration Bureau, and Complete relevant procedures through the online operating system.

Article 20 Before applying for the transfer registration of commercial housing ownership, if both parties reach an agreement through negotiation and need to terminate the commercial housing sales contract, they shall present the written contract with the filing certificate, the written agreement to terminate the contract and other provisions. Registration materials, and go through the cancellation contract filing procedures with the Property Rights Supervision Office of the Municipal Housing Authority. If the circumstances listed in the preceding paragraph occur, the Property Rights Supervision Office of the Municipal Housing Authority shall promptly indicate in the property listing of the commercial house that the sales contract of the commercial house has been terminated through the online operating system.

Article 21 If a buyer requests to purchase a commercial house that has been announced online and is available for sale, the real estate development enterprise shall not refuse without justifiable reasons.

Article 22 Real estate development companies and sales agency companies shall agree on payment methods, payment ratios and payment terms with house buyers based on the progress of the project. If the home buyer chooses the mortgage loan payment method, the construction progress of the pre-sold house should reach the capping of the multi-story structure, and only after more than 2/3 of the high-rise main structure is completed, the real estate development company can require the home buyer to handle the mortgage loan procedures.

Article 23 Real estate development enterprises and sales agencies that conduct pre-sales of commercial houses shall set up commercial houses in the commercial banks where they open accounts

Article 24 Purchasers of commercial houses shall purchase commercial houses from Within 90 days from the date of delivery for use, the real estate development enterprise shall assist the purchaser of commercial housing to handle the registration procedures for land use rights change and house ownership registration, and provide necessary supporting documents.

Article 25 Real estate development companies and sales agency companies should take the initiative to accept supervision and strengthen integrity and self-discipline. Those who do not comply with the provisions of these rules for selling commercial housing will be dealt with separately by the Municipal Real Estate Administration Bureau according to different violations:

(1) Failure to apply for a pre-sale license and obtain a "Commercial Housing Pre-(Sales) License" as required Anyone who sells or pre-sells commercial housing in disguised form by reservation, reservation, etc. shall be ordered to stop the pre-sale, complete the procedures, confiscate the illegal gains, and impose a fine of not more than 1% of the advance payment collected;

(2) Anyone who fails to publish advertisements in accordance with the provisions of Article 12 of these rules or uses advertisements to create false information and create malicious hype will be given a warning, ordered to make corrections within a time limit, and seriously investigated and punished in conjunction with the industrial and commercial administration department;

(3) Violation of these rules Articles 13, 14, and 15 stipulate that those who sell commercial housing shall be exposed and publicized in the news media, the Internet, sales locations, real estate sites, and the municipal real estate trading market, and the bad behaviors of enterprises and employees shall be recorded and dealt with. A fine of not less than 10,000 yuan but not more than 30,000 yuan,

(4) If the commercial housing sales contract is not signed through the online operating system and the filing and registration procedures are not completed, the Property Rights Supervision Office of the Municipal Housing Management Bureau may not accept the transfer registration of the commercial housing ownership and other rights registration applications;

(5) Anyone who does not use the pre-sale funds for commercial housing in accordance with regulations shall be ordered to make corrections within a time limit, and may be fined not more than three times but not more than 30,000 yuan of illegal income.

Article 26 Jiangyin and Yixing cities may refer to the implementation according to the actual situation.

Article 27 The Wuxi Real Estate Administration Bureau is responsible for the interpretation of these rules.

Article 28 These rules will come into effect on July 15, 2004. If the "Commercial Housing Sales Contract" has been signed in accordance with the regulations before the implementation of these detailed rules, the contract registration and filing shall still be carried out in accordance with the original regulations.