Zibo issued a document to regulate the sale of commercial housing, and will severely punish these behaviors from now on.

A few days ago, Zibo Housing and Urban-Rural Development Bureau issued a notice on further regulating the sales behavior of commercial housing, which will take effect on May 3, 2020.

First, standardize commercial housing sales advertisements.

(a) the development project has not obtained the pre-sale permit of commercial housing or the record certificate of the current commercial housing, and shall not publish the commercial housing sales advertisement.

(2) When advertising the sale of commercial housing, the name of the real estate development enterprise, the name of the commercial housing underwriting institution, the number of the pre-sale permit of commercial housing or the number of the record certificate of the commercial housing being sold now shall be clearly indicated.

(three) the advertising name of the commercial housing project shall be consistent with the name marked in the pre-sale permit or the record certificate of the current sale of commercial housing, and no other name shall be used.

(four) commercial housing sales advertisements and promotional materials must be true, lawful and accurate, and shall not deceive or mislead the buyer. If the price is indicated in the advertisement, it shall be clearly stated as the actual sales price, and the effective period of the price shall be clearly stated; The schematic diagram of the project location in the advertisement should be accurate and clear, and the proportion should be appropriate; Involving internal structure and decoration, it shall be true and accurate; If architectural design renderings or model photos are used in advertisements, it shall be indicated in the advertisements; Involving the content of property management, it shall comply with the relevant provisions of the state.

(five) commercial housing advertisements shall not contain feudal superstitions such as geomantic omen and divination; The description and rendering of the project shall not violate social public order and good customs; It shall not contain the commitment of appreciation or return on investment, financing or disguised financing; The location of the project shall not be expressed by the time it takes for the project to reach a specific reference; Shall not mislead and publicize the transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction; Shall not violate the provisions of the state on price management; Do not use the image and environment of other projects as the effect display of this project; It shall not contain any commitment to the buyer's household registration, employment, further education and other matters; There shall be no comprehensive evaluation of real estate development enterprises or development projects such as appraisal, ranking and awards (cards) that have not been confirmed by government departments; It shall not contain commercial propaganda contents such as "employees to households" and "household registration to households".

(six) the matters clearly stated in the advertisements and publicity materials for commercial housing sales issued by real estate development enterprises and commercial housing underwriting institutions shall be agreed by the parties in the commercial housing sales contract. If one party violates it, it shall bear the liability for breach of contract.

(7) Operators and publishers of commercial housing sales advertisements shall examine the name of real estate development enterprises, the name of commercial housing underwriting institutions, the number of real estate development and operation warrants, the number of pre-sale permits of commercial housing, the number of commercial housing sales registration certificates and other relevant certification materials according to law. Do not provide services for commercial housing sales advertisements that do not meet the requirements.

Two, standardize the commercial housing sales site publicity

(1) The schematic diagram of the location of the commercial housing sales site project, the greening effect diagram and the sand table should be accurate and clear, with appropriate proportions, which are in line with the actual planning. It is not allowed to plan ahead, overdraw or exaggerate excessively, and it is not allowed to deliberately avoid the unfavorable factors around the project.

(2) No false propaganda, exaggerated propaganda, etc. In the promotional videos, publicity renderings, decoration renderings and related publicity materials of commercial housing sales.

(three) with decoration delivery, real estate development enterprises must build a model house (room) before applying for pre-sale permit, and the model house (room) must truly reflect the apartment type, structure, area and delivery standard; The brands and specifications (model and size) of main decoration materials, facilities and equipment must be publicized. The relative space of each model room (room) (including living room, bedroom, dining room, kitchen, bathroom, etc.). ) clearly mark the decoration content consistent with the delivery standard. The decoration project, decoration style and lighting of the model house should be consistent with the delivery of the house decoration, but indeed inconsistent with the delivery standard. Real estate development enterprises must be clearly stated in a prominent position among the model rooms, and should give special hints in the contract when signing a contract with the owner. Where a rough house is delivered or a model house (house) is built, the real estate development enterprise shall truthfully explain the delivery standard to the buyer. The model room (room) shall not be changed or cancelled at will. The retention time of the model house (room) shall not be less than 6 months from the date of obtaining the comprehensive acceptance record of completion.

(4) After obtaining the pre-sale permit, the commercial house shall disclose all the houses for sale and the source price of each suite at one time within 10 days, and sell them in strict accordance with the record price.

(5) Real estate development enterprises are responsible for the sales behavior of sales personnel. Sales staff of real estate development enterprises shall not use the municipal conditions such as transportation, commerce, cultural and educational facilities around the project, which are still in the planning and demonstration stage, as explanations and commitments to publicize commercial housing, induce and deceive buyers.

Three, standardize the contents and standards of commercial housing sales site publicity

(1) Basic information of the project

1. Relevant certificates. ① Qualification certificate of real estate development enterprise; ② Certificate of immovable property right; ③ Certificate of real estate development and management right; (4) Construction project planning permit; ⑤ Construction permit; ⑥ Pre-sale permit of commercial housing (the record certificate of the current sale of the project to be publicized); ⑦ The name of the supervising bank for pre-sale of commercial housing and the account number for fund supervision; The general plan of the approved design scheme of the construction project; Pet-name ruby enterprise after-sales service agency information.

If sales are entrusted as an agent, the following documents shall also be publicized: Power of Attorney for Commercial Housing Sales and Record Certificate of Commercial Housing Underwriting Agency.

2. List information. The sales control table should be placed in a prominent position on the sales site. The sales control table can display all the houses and record the prices, including each building number, house number, building area (both interior area and pool area should be indicated), unit price, total price and sales status (the houses sold are marked differently and updated dynamically).

3. Subscription agreement and contract contents. The subscription agreement, the model text of the sales contract and the contents of the supplementary agreement signed.

4. unfavorable factors. Whether the external waistline of the project is shaded, whether the front balcony column is shaded, whether the fire escape is shaded, whether the elevator goes directly to the underground parking lot, whether the parking space size affects parking, whether the purchased annex has pipes, and other unfavorable factors include but are not limited to the internal and external planning and environment of the project.

5. Other contents that need to be publicized. ① Measures for the Administration of Commercial Housing Sales, Measures for the Administration of Urban Commercial Housing Pre-sale and other relevant laws and regulations; (2) Information on housing rights such as land use rights, and whether the project under construction is mortgaged; (3) Manual for the use of commercial housing, temporary management regulations, preliminary property service contracts, etc. ; (4) the ownership of public service facilities and the construction completion time; ⑤ Relevant control policies in the project area.

(B) On-site sales model (sand table)

The sales model must be made in proportion according to the approved general plan, and the display content must conform to the actual situation of the real estate.

The sales model must be accompanied by a brief production description (model size, production basis, date, etc.). ).

(3) On-site sales personnel information publicity

Set up a publicity desk for commercial housing sales personnel to publicize the names and positions of sales personnel, who shall provide housing services.

(four) set up a special prompt column to publicize the following information

Tips for buying a house.

The right to enjoy special policies or restrictive policies for the sale of commercial housing.

The charging items, charging standards, charging scope and charging basis of commercial housing transaction and property right transfer. The collection of agency fees shall be marked as consumers' voluntary choice, and they promise not to appoint or entrust a third party to forcibly collect fees from the buyer in any form.

The name of the prophase realty service enterprise, the content of prophase realty service, service standard, charging basis and charging standard, and the deposit standard of residential special maintenance funds, etc.

Other relevant charging details, charging standards, charging basis, etc.

(5) Information publicity standards

The publicity period starts from the date of commercial housing sales to the end of all sales. All publicity information should be placed in an eye-catching position at the sales site, following the principles of comprehensiveness, truthfulness, accuracy and effectiveness, so that the handwriting is clear and the label is eye-catching.

Public information should generally be publicized in the form of information publicity board (column) or publicity desk. The characters can be bound into A4-format volumes or fascicles in plastic packaging, and placed on the publicity platform according to categories for buyers to read. On the publicity platform, there should be a signboard of "project information, welcome to consult". The introduction of enterprises and projects, the sales control table of commercial housing, etc. can be publicized by means of publicity boards (columns).

The certificate to be publicized shall be directly copied with copies, and those without copies shall be printed and publicized with color scanning according to the ratio of 1: 1 or A4 format size.

All kinds of public signs (columns) should be made of hard frames (stainless steel, aluminum alloy, wrought iron paint, etc.). ). The picture size of public signs and bulletin boards is generally 600mm×900mm or 900mm× 1200mm or 2400 mm×1200mm; The screen size of the booth is generally 500mm×400mm. Public signs (posts) can be hung on the wall or placed on the floor bracket. All public signs (columns) are marked with the words "supervised by housing and urban-rural construction departments and market supervision and management departments" at the bottom of the content. All enterprises should make a reasonable layout according to the area of the sales site, and a number of publicity contents should be arranged in a centralized and orderly manner, and should not be moved at will.

Fourth, standardize the agent sales behavior.

(1) If a real estate development enterprise entrusts the sale of commercial housing, it must entrust a real estate brokerage institution (including all kinds of commercial housing underwriting institutions, marketing planning agencies and e-commerce platforms providing real estate intermediary services, etc.). ) established in accordance with the law, and filed by the real estate sales department where the project is located. Real estate development enterprises are responsible for the sales behavior of commercial housing underwriting institutions entrusted by them.

(2) The real estate development enterprise shall sign a written entrustment contract with the entrusted commercial housing underwriting institution. The entrustment contract shall specify the entrustment period, entrustment authority, commission payment and other contents. When the entrusted commercial housing underwriting institution sells commercial housing, it shall clearly indicate to the buyer the contents publicized at the commercial housing sales site.

(three) the entrusted commercial housing underwriting agency shall not charge any fees other than commissions for the sale of commercial housing. The commission generated by the commercial housing underwriting agency selling commercial housing shall be paid by the real estate development enterprise. Any real estate commercial housing underwriting institution shall not charge the buyer in the form of "group purchase fee, membership fee, deposit, service fee and e-commerce fee"; Commission shall not be charged to the buyer in disguised form through price increase by a third party. All expenses paid by the buyer for purchasing the house are included in the total house price of the buyer, which is consistent with the total house price agreed in this contract.

(four) the price of commercial housing sold by a real estate development enterprise shall be consistent with the price of its commercial housing underwriting agency, and shall not be two prices per room.

(five) in the sales agent, the buyer shall be informed of various preferential policies in writing, and the payment shall not be split in any form; Do not use false or irregular price signs to mislead buyers; Shall not use false or misleading pricing methods for price fraud; Do not create false supply and demand information, fabricate or spread false information for malicious speculation; It is not allowed to hoard real estate in disguise and disrupt market order.

Five, standardize the transfer and mortgage registration of new commercial housing.

(a) after the signing of the commercial housing sales contract, the real estate development enterprise shall, together with the commercial bank, provide the pre-mortgage service for the commercial housing to the buyer, publicize the responsibilities of all parties, and shall not charge the buyer.

(2) After the delivery of the commercial house, the real estate development enterprise shall provide services for the buyer to handle the real estate transfer registration and mortgage registration in time according to the commercial house sales contract, and shall not charge the buyer any fees.

(three) the real estate development enterprise needs to entrust a third party to undertake the services that the real estate development enterprise should provide, and handle the transfer registration and mortgage registration of commercial housing on behalf of the buyer. A real estate development enterprise shall sign an entrustment agreement with a third party to clarify the entrustment matters and service contents, and the third party service fees arising therefrom shall be borne by the real estate development enterprise.

(4) If the buyer voluntarily entrusts a third-party agency to undertake the affairs that should be handled by the buyer, and applies for the transfer registration and mortgage registration of the commercial house on his behalf, the third-party service fees arising therefrom shall be borne by the buyer.

(5) If the buyer applies for or voluntarily entrusts a third-party agency to apply for relevant registration business, the real estate development enterprise shall not designate or entrust a third-party agency to provide paid services for the buyer in any form.

Sixth, standardize the signing of contracts

Real estate development enterprises or commercial housing underwriting institutions shall not exempt themselves from responsibilities, increase the responsibilities of buyers or exclude the legitimate rights and interests of buyers when signing subscription agreements or commercial housing sales contracts. All contents involved in the model text of this contract shall adopt the terms of the model text, and no supplementary terms shall be agreed separately. The publicized model contract text should be consistent with the contract actually signed in this project.

Before signing the commercial housing sales contract, the development enterprise must sign the commercial housing sales commitment notice with the buyer. Inform the buyer of the project and the house in writing, and both parties will sign for confirmation. This notice is made in duplicate, one for the real estate development enterprise and one for the buyer. The letter of commitment signed and confirmed by both parties shall be uploaded and filed together with the online signing contract.

Seven. Related requirements

Please attach great importance to the housing and urban-rural construction departments and market supervision and management departments of all districts and counties, and take standardizing the advertisements for commercial housing sales, standardizing the publicity of sales sites, standardizing agency sales and signing contracts as the starting point to rectify the problems existing in the process of commercial housing sales and maintain the order of the real estate market. Real estate development enterprises that have illegal propaganda, false propaganda, exaggerated propaganda or fail to sell according to the above provisions shall immediately conduct self-examination and rectification. The housing and urban-rural construction department will carry out special inspections in conjunction with the market supervision and management department. Real estate development enterprises and commercial housing underwriting institutions that violate the provisions of this notice will be ordered to make corrections within a time limit; If it is not corrected within the time limit, measures such as stopping online signing, allocating pre-sale funds and handling relevant procedures will be taken to stop its sales behavior. Bad behavior will be recorded in the enterprise credit file, and will be notified as appropriate; Anyone suspected of breaking the law will be investigated and dealt with according to law.

This notice shall come into force on May 3, 2020 and shall be valid until May 2, 2025.