Real Estate Brokerage Practice Rules (full text)

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 in the real estate brokerage industry and fully In order to solicit opinions, I will revise the "Real Estate Brokerage Practice Rules" issued in 2006. The revised "Real Estate Brokerage Practice Rules" were reviewed and approved at the fifth meeting of the second session of the Council on November 26, 2012, and are hereby promulgated and will come into effect on March 1, 2013. The following is the full text of the rules, welcome to read!

Article 1 is to strengthen the self-discipline management of real estate brokerage institutions and personnel, standardize real estate brokerage behavior, ensure the quality of real estate brokerage services, and ensure In order to protect 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 "Real Estate Management Law of the People's Republic of China", the "Real Estate Brokerage Management Measures" and other laws and regulations.

Article 2: These Rules are the basic guidelines for real estate brokerage institutions and personnel to engage in real estate brokerage activities. They are the reference standards for the public to judge the professional behavior of real estate brokerage institutions and personnel. They are the standards for real estate brokerage institutions to be evaluated by real estate brokerage industry organizations. The main basis for self-discipline management of employees.

Article 3 The definitions of relevant terms in these rules are as follows:

(1) Real estate brokerage refers to real estate brokerage institutions and personnel that provide real estate agents and intermediaries to clients in order to facilitate real estate transactions. The act of providing services and collecting commissions.

(2) Real estate brokerage agencies refer to intermediary service agencies established in accordance with the law to engage in real estate brokerage activities.

(3) Real estate agents refer to real estate agents and real estate agent associates who engage in real estate brokerage activities. A real estate agent performs real estate brokerage business in a real estate agency; a real estate agent associate assists real estate agents in a real estate agency to perform real estate brokerage business.

(4) Real estate agents refer to professionals who have passed the national real estate agent qualification examination or mutual recognition of qualifications, obtained real estate agent qualifications in accordance with the law, and been registered to engage in real estate brokerage activities.

(5) Real estate agent associate refers to a person who has passed the real estate agent associate qualification examination, obtained the real estate agent associate qualification in accordance with the law, and been registered, and engages in real estate brokerage activities under the guidance of a real estate agent. Assist executive staff.

(6) Real estate agency refers to the behavior of a real estate brokerage agency, in accordance with the real estate brokerage service contract, to conduct real estate transactions with a third party in the name of the client and collect commissions from the client.

(7) Real estate intermediary means that the real estate brokerage agency reports to the client the opportunity to enter into a real estate transaction contract or provides intermediary services for entering into a real estate transaction contract in accordance with the real estate brokerage service contract, and charges the client commission behavior.

(8) Real estate brokerage service contract refers to the agreement between the real estate brokerage institution and the client on real estate brokerage services, including house sales brokerage service contract, house rental brokerage service contract, and house purchase and sale. Brokerage service contract and house leasing brokerage service contract, etc.

(9) Real estate brokerage services refer to the related services provided by real estate brokerage institutions and personnel to clients in order to facilitate real estate transactions, including providing information on housing, customer sources, prices, etc., and on-site inspection of real estate, Drafting real estate transaction contracts, etc.

(10) Exclusive agency means that the client entrusts only one real estate agency to act as agent for real estate transactions.

(11) Commission refers to the service fee charged by a real estate agency to the client in accordance with the real estate brokerage service contract when it provides real estate brokerage services to the client.

(12) The price difference refers to the price (rent) obtained by the real estate seller (lessor) in a transaction facilitated by a real estate broker that is lower than the price paid by the real estate purchaser (lessee) ( rent) part.

Article 4 Real estate brokers should be aware of the necessity of real estate brokerage and its role in ensuring the safety of real estate transactions, promoting transaction fairness, improving transaction efficiency, reducing transaction costs, optimizing resource allocation, and improving people's living standards, etc. They should have professional self-confidence, a sense of professional honor and a sense of professional responsibility.

Article 5 When engaging in real estate brokerage activities, real estate brokerage institutions and personnel shall abide by laws, regulations, and rules, abide by professional ethics, and follow the principles of voluntariness, equality, fairness, and good faith.

Article 6 Real estate brokerage institutions and personnel shall be diligent and responsible, take it as their own responsibility to provide standardized, high-quality and efficient professional services to their clients, and take it as their mission to promote legal, safe and fair real estate transactions.

Article 7 When performing agency business, real estate brokerage institutions and personnel shall safeguard the rights and interests of the client on the premise of legality and integrity; when performing intermediary business, they shall be fair and upright and not biased towards both parties to the transaction. any party.

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 professional competence and maintain a good social image.

Article 9 Real estate brokerage institutions should care about the growth and development of real estate brokers, create a corporate culture of humanistic care, and attract and retain outstanding talents.

Encourage 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 brokerage agencies and real estate brokers should respect each other, compete fairly, jointly create a good practice environment, and establish mutual complementation of advantages, sharing of information resources, and Cooperation is a win-win harmonious development relationship.

Article 11 Real estate brokerage institutions and their branches shall publicize the following content in a conspicuous place on their business premises:

(1) Business license and filing certification documents;

(2) Service items, service content and service standards;

(3) Real estate brokerage business process;

(4) Charging items, charging basis and charging standards; < /p>

(5) Real estate transaction fund supervision methods;

(6) Real estate brokerage credit file inquiry methods, complaint hotline and 12358 price reporting hotline;

(7) Model texts of real estate brokerage service contracts, house sales contracts, and house leasing contracts formulated by the construction (real estate) authorities or real estate brokerage industry organizations;

(8) Other matters that should be disclosed according to laws, regulations, and rules.

The branch shall also publicize the business address and contact information of the real estate brokerage institution that established the branch.

If a real estate brokerage agency sells commercial housing projects as an agent, it shall also publicize the commercial housing sales power of attorney and relevant certification documents approving the sale of commercial housing in a conspicuous position at the sales site.

The content disclosed by the real estate agency and its branches should be true, complete and clear.

Article 12 When performing business, real estate agents shall wear a name badge (card) marked with their name, registration number, practice unit, photo, etc., pay attention to appearance, be polite to others, and maintain it in good condition. .Professional image.

Article 13 The real estate brokerage business shall be uniformly undertaken by real estate brokerage agencies. A branch shall undertake business in the name of the real estate brokerage institution that established the branch. Real estate agents shall not undertake real estate brokerage business in their personal names.

Article 14 Real estate brokerage institutions and personnel shall not use false information about housing listings, customer sources, prices, etc. to lure customers, and shall not use coercion, malicious collusion, blocking other people's transactions, or maliciously poaching peers' housing listings Customer sources, vicious low fees, helping parties avoid transaction taxes and fees, belittling peers, false propaganda and other unfair means to solicit and undertake real estate brokerage business.

Real estate brokerage institutions and personnel shall not contact the landline, mobile phone or personal email address of the information recipient or respondent without the consent or request of the information recipient or respondent, or the information recipient or respondent expressly refuses. When sending information about housing and customer sources, you are not allowed to make phone calls, door-to-door sales of housing or customers, or solicit business.

Real estate brokerage institutions and personnel soliciting real estate brokerage business by placing housing information display boards outside their business premises, issuing housing information flyers, etc., shall comply with relevant regulations, and shall not affect or interfere with the normal lives of others, and shall not Damaging the image of the real estate brokerage industry.

Article 15 Real estate brokerage institutions and personnel shall not solicit or undertake the following businesses:

(1) Real estate that cannot be traded according to laws and regulations and affordable housing that does not meet the trading conditions Brokerage business;

(2) Real estate brokerage business that violates laws and regulations or violates social ethics and harms public interests;

(3) Knowingly being exclusively represented by other real estate brokerage agencies Brokerage business;

(4) Real estate brokerage business for which one’s own professional abilities are difficult to handle.

Article 16 When a real estate brokerage agency undertakes real estate brokerage business, it shall sign a written real estate brokerage service contract with the client.

For real estate brokerage service contracts, priority should be given to using the model texts formulated by the construction (real estate) authorities or real estate brokerage industry organizations; if not, the written consent of the client must be obtained.

When a real estate brokerage agency undertakes other services such as agency real estate loans and agency real estate registration, it shall sign a separate service contract with the client.

Article 17 When a real estate agency signs a real estate brokerage service contract with a client, it shall explain to the client the relevant contents of the real estate brokerage service contract and the real estate transaction contract, and inform the client of the following matters in writing:

(1) Whether it has an interest in the entrusted real estate;

(2) Matters that should be assisted by the client and the information provided;

(3) The market for the entrusted real estate Reference price;

(4) General procedures and possible risks of real estate transactions;

(5) Taxes and fees involved in real estate transactions;

(6 ) Content and completion standards of real estate brokerage services;

(7) Real estate brokerage service charging standards and payment time;

(8) Other matters that need to be informed.

If a real estate brokerage agency provides services other than real estate brokerage services based on the needs of the parties to the transaction, it shall explain the service content, charging standards, etc. to the client, and obtain the written consent of the parties to the transaction.

Written notification materials should be confirmed by the client’s signature (seal).

Article 18 When a real estate agency signs a house sales or rental brokerage service contract with a client, it shall check the client’s identity certificate, the ownership certificate of the entrusted house for sale or rental, and the identity certificate of the house owner. Wait for relevant information, inspect the house on site and prepare a house condition statement.

When a real estate agency signs a house purchase or lease brokerage service contract with a client, it shall check the client’s identity certificate and other relevant information, understand the client’s purchase qualifications, and inquire about the client’s purchase (lease) intention. , including the purpose, location, price (rent level), unit type, area, year of construction or newness of the house, etc.

Real estate agencies and personnel should properly keep the information provided by the client as well as house keys and other items.

Article 19: For each real estate brokerage business, a real estate brokerage agency shall appoint or be selected by the client a real estate agent registered with the agency as the agent, and this shall be stated in the real estate brokerage service contract. .

Article 20 A real estate brokerage service contract shall be signed by one real estate agent or two real estate agent associates undertaking the brokerage business, and shall be affixed with the seal of the real estate brokerage institution.

Article 21 Real estate brokerage institutions and personnel shall not stamp or sign business documents such as real estate brokerage service contracts for which they have not provided services, and shall not allow other units or individuals to engage in real estate brokerage in their own names. business, and shall not engage in real estate brokerage business in the name of other units or individuals.

Article 22 Real estate agencies and personnel shall obtain the written consent of the client when publishing housing information to the outside world; in the published housing information, the houses must truly exist, and the description of the condition of the housing must be true and objective. The listing price should be the client’s true quotation and indicate the price connotation.

Article 23 Real estate brokerage institutions and personnel shall not fabricate or spread false real estate market information, shall not control or cooperate with clients to control housing prices and rents, shall not incite real estate rights holders to increase prices or rents, shall not cooperate with Real estate development and management units collude to hold back on sales and speculate on property numbers.

Article 24 Real estate brokers shall, based on the client’s intentions, promptly, comprehensively and truthfully report to the client contracting opportunities, changes in market conditions and other relevant situations during the business process, and shall not The client conceals important matters related to the transaction; the client shall report the business progress to the real estate agency in a timely manner, and shall not conduct brokerage business without being separated from, concealing, or deceiving the real estate agency.

Article 25 Real estate agents shall rely on their professional knowledge and experience to conduct due diligence on the status of the subject real estate, and truthfully inform the purchaser (lessee) of the true, objective and complete subject matter that they know. The state of the real estate shall not conceal the known defects of the subject real estate, and shall assist in the inspection of the subject real estate.

Article 26 Real estate brokerage institutions and personnel shall not deceive or force parties to sign real estate transaction contracts, shall not block or disrupt real estate transactions in which peers provide brokerage services, and shall not undertake or lease real estate brokerage services provided by themselves. Real estate shall not sell or lease its own real estate to its clients who provide brokerage services.

Article 27 Real estate brokerage agencies and personnel shall publicize and explain to the transaction parties that the state implements a real estate transaction price declaration system and that truthful declaration of transaction prices is a legal requirement; they shall not avoid real estate transaction taxes and fees for transaction parties. To facilitate the signing of contracts with different transaction prices for the same real estate for multiple purposes such as multiple loans; it is not allowed to provide convenience for the transaction parties to defraud the qualifications for house purchase; it is not allowed to circumvent relevant national regulations by means of fake gifts, fake notarization and commissioned house sales, etc.

Article 28 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 embezzle, misappropriate or delay the payment of customers' real estate transaction funds.

If a real estate agency collects and pays transaction funds in accordance with the agreement between the parties to the transaction, it shall transfer the transaction funds through the special deposit account for client transaction settlement funds opened by the real estate agency in the bank. The transfer of transaction funds shall be signed and stamped by the payer of real estate transaction funds and the real estate brokerage agency.

Article 29 Real estate brokerage agencies and personnel shall not, while concealing or deceiving the client, recommend to the client the use of guarantee, valuation, insurance, financial and other institutions that have a direct interest in them. Serve.

Article 30 Commissions and other service fees shall be collected uniformly by real estate brokerage agencies. Real estate agents may not charge fees on a personal basis.

Real estate agencies are not allowed to charge any fees that are not stated or agreed in the service contract; they are not allowed to purchase the target house at a low price without investing in decoration, furniture, appliances, etc. Rent), sell at a high price (sublet), etc. to earn the price difference; you must not use false information to defraud intermediary fees, service fees, house viewing fees and other fees.

Article 31 If a real estate agency fails to complete the matters stipulated in the real estate brokerage service contract, or the service does not meet the standards stipulated in the real estate brokerage service contract, it shall not charge commission; If it is not completed or does not meet the agreed standards, the client may be required to pay the necessary fees incurred in providing brokerage services in accordance with the real estate service contract.

Article 32 If a real estate agency transfers or cooperates with other real estate agencies to carry out brokerage business, it must 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; the cooperative real estate brokerage agencies shall allocate commissions according to the agreement between the two parties.

Article 33 Real estate brokerage institutions and personnel shall timely mark the housing information that has been completed or has exceeded the entrustment period, or remove it from business premises, websites and other information release channels.

Article 34 Real estate brokerage institutions shall establish and improve their business record systems. Real estate brokers who perform business shall truthfully record the execution of the business and the expenses incurred throughout the entire process to form a real estate brokerage business record.

Article 35 Real estate brokerage institutions shall properly preserve real estate brokerage service contracts and other service contracts, real estate transaction contracts, housing condition statements, real estate brokerage business records, business handover documents, original vouchers and other real estate brokerage business Related information.

The retention period of real estate brokerage service contracts and other real estate brokerage business-related materials shall not be less than 5 years.

Article 36 Real estate brokerage institutions and personnel shall keep the business secrets of the parties they learn during their professional activities and shall not disclose personal privacy; they shall properly keep the client’s information and the materials provided, and shall not disclose any information without authorization. The client agrees not to make it public, leak or sell it to others without authorization.

Article 37 Real estate brokerage institutions shall establish a real estate brokerage dispute complaint handling mechanism to promptly and properly handle disputes between real estate transaction parties and real estate brokers.

Article 38 Real estate brokerage institutions shall establish and improve various internal management systems, strengthen internal management, standardize their own professional behaviors, and guide and urge real estate brokers and relevant auxiliary personnel to conscientiously abide by these rules.

Real estate brokerage institutions shall be responsible for the professional behavior of real estate agents in accordance with the law. If real estate agents are found to have violated laws and regulations, they shall stop them and take necessary remedial measures.

Article 39: The China Society of Real Estate Appraisers and Real Estate Brokers is responsible for the interpretation of these rules.

Article 40 These rules will come into effect on March 1, 2013. The "Real Estate Brokerage Practice Rules" (Zhongfangxue [2006] No. 15) issued on October 31, 2006 were abolished at the same time.

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