The full text of the notice is as follows:
Notice of Dongguan Housing and Urban-Rural Development Bureau on Further Strengthening the Management of Real Estate Brokerage Industry
Each park, town (street) housing management office, city real estate agency association, real estate agency and real estate network information publishing platform:
In order to resolutely implement the positioning of "houses are used for living, not for speculation", effectively standardize the business behavior of real estate brokerage institutions, strengthen the construction of industry credit system, create a good industry development environment, safeguard the legitimate rights and interests of consumers, and promote the stable and healthy development of the real estate market in our city, relevant matters are hereby notified as follows according to the Measures for the Administration of Real Estate Brokers and other relevant laws and regulations and the national and provincial arrangements for special rectification of the real estate market order:
First, strengthen industry supervision and promote multi-party governance.
(1) Strictly implement the filing system of brokerage institutions. Real estate brokerage institutions and their branches (including online real estate brokerage platform institutions) engaged in real estate brokerage business in this Municipality shall operate in strict accordance with the relevant provisions of the Measures for the Administration of Real Estate Brokers, and go through the filing formalities with the Municipal Housing and Urban-Rural Development Bureau within 30 days from the date of obtaining the business license. If the brokerage institution and its branches are changed or terminated, it shall, within 30 days from the date of change or termination, go through the formalities for record change or cancellation at the Municipal Housing and Urban-Rural Development Bureau. Anyone who fails to obtain the registration certificate of real estate brokerage institutions to carry out real estate brokerage services after investigation will be ordered to make rectification within a time limit, and will be included in the list of transaction risk tips, copied to the market supervision and management department, and announced to the public at the same time to remind the masses to guard against transaction risks. Real estate brokerage institutions and their branches shall publish complaints telephone numbers (including complaints telephone numbers of enterprises, complaints telephone numbers of local real estate management departments, complaints telephone numbers of real estate market supervision department of the Municipal Housing and Urban-Rural Development Bureau, etc.). ) in a prominent position in the business premises, establish and improve the business ledger, truthfully record the business situation, and save the real estate brokerage service contract.
(2) Strictly implement the real-name registration system for employees. Support industry organizations to play a synergistic governance role. City Real Estate Intermediary Association (hereinafter referred to as "Intermediary Association") shall fully implement the articles of association, strengthen industry self-discipline, formulate rules for real estate brokerage practice, establish an information database of intermediary practitioners, strengthen the training and education of practitioners, and take the lead in implementing real-name information registration of practitioners in real estate brokerage institutions. When a brokerage institution puts on record, it shall provide information of all personnel engaged in brokerage business and registered with their real names. Intermediary practitioners should wear the "Real Estate Broker Information Registration Card" uniformly produced by the intermediary association when conducting business. Those who are not registered with their real names will be restricted from carrying out activities such as housing release and community display.
(three) improve the industry self-discipline mechanism and measures. Support intermediary associations to form a "good faith alliance" for real estate agents, speed up the research and formulation of a unified model of the "Dongguan Real Estate Intermediary Service Contract", and promote its use in the member units of the "good faith alliance". For brokerage institutions that have been filed and voluntarily joined the "Integrity Alliance" and consciously accepted the supervision of the industry and society, the industry authorities will optimize the inspection frequency in daily inspections and special inspections. Intermediary associations should carry out the industry's honest service commitment activities, urge employees to abide by professional norms, abide by professional ethics, consciously abide by laws and regulations, consciously resist bad intermediary behavior, promote the development of the real estate brokerage industry in our city and improve the quality of personnel, and create a good market environment. Within the alliance, it is necessary to establish and improve the credit scoring system and credit blacklist system for brokerage institutions and employees, adhere to the guidance of "helping the superior and punishing the inferior", and regularly disclose the credit scoring and credit blacklist to the society.
(4) Increase the publicity of house price information. Further improve the monitoring and statistical mechanism of second-hand housing prices, establish an online "Dongguan housing price map" by using geospatial information and the online transaction data of a second-hand house, announce the online transaction price of first-hand real estate and the reference price of second-hand real estate transactions in the city, and guide the market to conduct rational transactions. Explore the establishment of a platform for renting and selling stock houses, and the members of the real estate agency "Integrity Alliance" will give priority to becoming contracted service units. Relying on the real estate registration and the city's government affairs data, we will improve the online signing system for second-hand housing transactions and further standardize the second-hand housing transaction process.
(five) standardize the housing information release management mechanism. Intermediary associations should strengthen market research and listing price monitoring of second-hand housing transactions, and make unified standards for the release of housing information. When accepting the entrustment, real estate brokerage institutions and employees shall not render the transaction information to guide the owners to raise the quotation at will. The displayed housing price must be consistent with the owner's written entrustment price, and it is not allowed to accept and publish the listing price significantly higher than the reference price of second-hand housing transactions in this city through online and offline channels. The real estate network information publishing platform shall establish and improve relevant mechanisms, strengthen the qualification examination of brokerage institutions and employees who publish housing information, clarify the complaint reporting methods of housing information and the handling mechanism of illegal brokerage behavior, and notify the real estate industry authorities and intermediary associations for handling if it is found that brokerage institutions or employees publish false housing information in violation of regulations.
(six) to strengthen the linkage management with property associations. Intermediary associations should strengthen communication and coordination with municipal property management industry associations, explore the establishment of linkage governance mechanisms, guide the formulation of unified and standardized service guides, take various measures to limit the brokerage services of brokerage institutions and employees who do not have business qualifications and working conditions, and urge real estate brokerage institutions to further standardize their business practices and intermediary services.
Second, severely crack down on illegal acts of real estate agents.
Intensify the investigation and punishment of violations of laws and regulations of real estate brokerage institutions and employees, take reports from the masses, media reports and public concern as the main clues, and effectively solve problems of concern to the masses as the starting point, focusing on severely punishing the following violations of laws and regulations of real estate brokerage institutions and employees according to law:
1. Engaged in real estate brokerage services without filing with the real estate authorities;
2 undisclosed service items, service contents, charging standards, institutional information, trading fund supervision methods, complaint reporting methods, etc. Eye-catching position in the business premises or incomplete and inaccurate publicity content;
3. Providing brokerage services for houses that do not meet the trading conditions and are prohibited from trading, or concealing mortgage, seizure and other restrictions on housing transactions from buyers;
4. Publishing false listing information in stores, websites and other different channels, spreading rumors, speculating school districts, speculating false information and other behaviors that mislead consumers or market expectations;
5. Inducing, instigating and assisting the purchaser to defraud the qualification of purchasing a house, defrauding the withdrawal or defrauding of the housing provident fund for loans, and evading the purchase restriction and loan restriction by forging proof materials or relying on a third-party company to pay social security;
6. Facilitate customers to sign "Yin-Yang contracts" with different transaction prices for the same house, and illegally evade transaction taxes and fees;
7. In violation of the relevant regulations on the supervision of trading funds, illegally occupying or misappropriating the trading funds of customers, forcing the provision of agency services and guarantee services, or charging fees in the form of bundled services;
8. The act of signing a real estate brokerage service contract in the name of a real estate agent or an associate real estate agent, or the act of signing an intermediary service contract without the signature of a real estate agent or an associate real estate agent;
9. Using asymmetric information to control sellers and houses through "ABC bill" and transaction chain, and using excuses such as "not qualified to buy a house" and "waiting for loan approval" to induce sellers to sign online or earn the price difference with third parties;
10. When providing real estate sales agency or intermediary services, the purchaser is not required to promise in writing that there are no problems such as misappropriation of bank credit funds in his purchase funds, or to provide consultation and services for the purchaser on financial products such as mortgage loans or cooperate with other institutions, or to induce the purchaser to use the funds for business purposes in violation of regulations;
1 1. colluding with real estate development enterprises, hoarding houses, speculating house numbers, charging "tea fees" and selling houses "inward";
12. Harassment of commercial housing marketing telephone, malicious telephone harassment, disclosure, sale or improper use of customers' personal information to seek illegitimate interests;
13. Other violations of laws and regulations strongly reflected by the masses.
Third, strengthen the joint disciplinary mechanism of real estate intermediary dishonesty.
(a) to strengthen the daily inspection management and administrative law enforcement. The real estate management departments of each park and town (street) shall establish a ledger of brokerage institutions and employees in their respective areas, update the relevant information of the ledger every quarter, and submit it to the Real Estate Market Supervision Department of the Municipal Housing and Urban-Rural Development Bureau for the record. It is necessary to strengthen the construction of the management team of the real estate intermediary industry, and intensify the inspection of the business premises of real estate brokerage institutions and their branches, the spot check of business ledger files and the handling of reports and complaints. Brokerage agencies and employees who violate laws and regulations shall be ordered to make corrections within a time limit according to law, and submitted to the Municipal Housing and Urban-Rural Development Bureau for administrative punishment and cancellation of online signing qualification. Those under the jurisdiction of other administrative organs shall be transferred to other competent authorities according to law, and those suspected of committing crimes shall be transferred to public security and judicial departments for investigation.
(2) Intensify cross-departmental joint law enforcement and joint punishment. Strengthen communication and coordination with market supervision, public security, taxation, financial supervision, publicity, online information and other departments, and comprehensively adopt centralized interviews, unannounced visits, "double random" spot checks, special inspections, joint law enforcement, and key reviews to form a joint effort, strengthen responsibilities, and maintain a high-pressure situation in managing the chaos of real estate agencies. Establish and improve the information exchange and sharing mechanism, conduct regular or irregular inspections on the shops, Internet platforms and real estate websites of brokerage agencies that publish housing information in our city, publicize the brokerage agencies that illegally publish false housing information during the inspection, and urge them to rectify. If the circumstances are serious, it will be blacklisted and announced to the public. The real estate network information publishing platform that illegally publishes false listing information will be submitted to the relevant departments for handling. While dealing with brokerage institutions and employees who violate laws and regulations according to law, we should jointly punish the subjects who are seriously untrustworthy, list them as key supervision targets through information sharing, and restrict them from engaging in various real estate intermediary services according to law, forming a credit supervision pattern of "one place is illegal and everywhere is limited".
Dongguan Housing and Urban-Rural Development Bureau
202127 September