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In order to strengthen the pre-sale management of commercial housing, standardize the mar

Notice on investigating and dealing with illegal acts of pre-sale of commercial housing according to law

In order to strengthen the pre-sale management of commercial housing, standardize the mar

Notice on investigating and dealing with illegal acts of pre-sale of commercial housing according to law

In order to strengthen the pre-sale management of commercial housing, standardize the market order of commercial housing transactions, and earnestly safeguard the legitimate rights and interests of both parties to commercial housing transactions, according to the People's Republic of China (PRC) Urban Real Estate Management Law, the People's Republic of China (PRC) Urban and Rural Planning Law, the People's Republic of China (PRC) Advertising Law, the Regulations on the Management of Urban Real Estate Development and Management, the Measures for the Management of Urban Commercial Housing Pre-sale, and other relevant laws and regulations, and in combination with the actual situation of Danyang City, commercial housing is now investigated and dealt with according to law.

First, real estate development enterprises must comply with the following provisions in the pre-sale of commercial housing.

(a) without obtaining the pre-sale permit of commercial housing, the sales place shall not be open to the public, and when displaying products in consultation centers, reception centers and other places, it shall not publicize the sales-related content, and shall not publish illegal advertisements through newspapers, television, radio, internet, outdoor media, leaflets and other forms, and shall not participate in exhibition activities.

(2) Without obtaining the pre-sale permit of commercial housing, it is not allowed to sell in any form, and it is not allowed to charge the buyer for reservation and advance payment by subscription, reservation, lottery and VIP card issuance.

(3) If the pre-sale permit for commercial housing has been obtained, the "five certificates" shall be publicized in a prominent position in the sales place, namely, the construction land planning permit, the property right certificate (or the state-owned land use right certificate), the construction project planning permit, the construction permit, the pre-sale permit for commercial housing, the model text of the commercial housing sales contract, the pre-sale plan, one room and one price and other related materials.

(4) If the Commodity House Pre-sale Permit has been obtained, all the houses for sale and the source price of each suite shall be publicized at one time within 10 days, and the external sales shall be clearly marked according to the declared price.

(5) After obtaining the pre-sale permit of commercial housing, you should register the pre-sale information with Danyang Provident Fund Center in time, and publicize the written commitment of not refusing the buyer to use the housing provident fund loan in a prominent position in the sales department.

Second, issues related to the illegal pre-sale of commercial housing.

(a) without obtaining land use, planning, construction and other licensing procedures, in the form of housing sales to absorb deposits from unspecified groups in society, suspected of illegally absorbing public deposits, fund-raising fraud and other criminal offences, the Municipal Public Security Bureau shall investigate and deal with them according to law.

(2) If the land use, planning, construction and other licensing procedures have been obtained, but the pre-sale permit of commercial housing has not been obtained, the Municipal Housing and Construction Bureau will investigate and deal with it according to law by charging the buyer for subscription, reservation, lottery and VIP card issuance, or charging the reservation and advance payment in disguised form. Among them, those suspected of illegally absorbing public deposits, fund-raising fraud and other criminal offences shall be investigated and dealt with by the Municipal Public Security Bureau according to law.

(three) without obtaining the qualification of real estate development enterprises engaged in real estate development and operation, the Municipal Housing and Construction Bureau shall investigate and deal with it according to law.

(four) engaged in real estate intermediary business (including network platform) without obtaining the business license of real estate intermediary service institutions, and shall be investigated and dealt with by the Municipal Market Supervision Bureau according to law.

(five) real estate intermediary service agencies sell commercial housing that does not meet the sales conditions, and shall be investigated and dealt with by the Municipal Housing Construction Bureau according to law.

(six) real estate development enterprises publish false real estate advertisements, or illegally publish real estate advertisements in newspapers, radio stations, television stations, the Internet and outdoor media without obtaining the "Pre-sale Permit for Commercial Housing", which shall be investigated and dealt with by the Municipal Market Supervision Bureau according to law.

Outdoor advertising facilities such as fences and enclosures set up by real estate development enterprises without approval shall be banned or forcibly removed by the Municipal Comprehensive Administrative Law Enforcement Bureau according to law; Law enforcement power has been delegated to towns (districts, streets), which shall be banned or forcibly removed according to law.

(seven) has obtained the "pre-sale permit for commercial housing", not according to the provisions of the implementation of commercial housing clearly marked or price fraud, by the Municipal Market Supervision Bureau to investigate and deal with according to law.

(8) If the real estate development enterprises and sales intermediaries that have obtained the pre-sale permit of commercial housing fail to publicize their written commitment not to refuse the use of housing provident fund loans by buyers in a prominent position in the sales department, and restrict, hinder or refuse the use of housing provident fund loans by buyers, the Municipal Housing Construction Bureau shall, jointly with the provident fund center, order rectification. If the circumstances are serious and refuse to rectify, it shall be publicly exposed.

All relevant functional departments shall, according to their respective responsibilities, strengthen the supervision of commercial housing market according to law, investigate and deal with illegal enterprises according to law, and incorporate them into enterprise credit information files; If there are potential risks, it shall be publicly exposed according to law.

It is hoped that residents will check whether the "five certificates" of the project are complete when purchasing commercial housing, and do not believe, spread or participate in the publicity and illegal pre-sale activities of various illegal real estate projects, report illegal pre-sale behaviors, and maintain the order of Danyang real estate market.

This notice shall be implemented as of the date of issuance.

Danyang Municipal People's Government

65438+2023 10 month