Beijing: Commercial housing sales staff are strictly prohibited from false propaganda and promotions that exaggerate a tense atmosphere

On August 16, the Beijing Municipal Housing and Urban-Rural Development Commission officially issued the "Notice on Further Regulating the Sales of New Commercial Housing."

In view of the problems and opinions that development companies have over-decorated model rooms and over-beautified real estate displays for a period of time, leading to problems and opinions among home buyers with "wrong versions of goods" and "serious reductions in allocations", the Beijing Municipal Housing and Urban-Rural Development Commission has previously studied and drafted The "Notice on Further Regulating the Sales Behavior of New Commercial Housing" was issued and publicly solicited opinions from the public from July 9 to 16, 2021. During the solicitation period, *** received 79 pieces of feedback from all walks of life and 108 opinions and suggestions, mainly focusing on expanding the scope of application of the "Notice", establishing a government intention platform, canceling the prohibition of model rooms in buildings that have not been completed and accepted, and adding more Unfavorable factors, etc.

After analysis and study one by one, Beijing mainly adopted three suggestions.

1. In response to the suggestion of “increasing unfavorable factors”, the Beijing Municipal Housing and Urban-Rural Development Commission partially adopted it and added funeral content to the unfavorable factors.

2. In response to the suggestion that "Project sales should not be suspended when sales organizations and sales personnel are changed", considering that it is unreasonable to suspend project sales when individual sales personnel are changed, this opinion is planned to be partially adopted.

Adjusted to: When selling a project, the sales agency and sales personnel registered by the development enterprise when applying for a pre-sale license shall organize the sale. If the sales organization or sales personnel need to be changed, an application should be submitted to the housing and urban-rural development department where the project is located. If a project changes its sales organization or more than half of its sales staff, project sales should be suspended during the change process.

3. In response to the requirement that “the development company should make timely repairs and rectifications and provide feedback to the house buyers regarding the opinions or suggestions of home buyers on the project quality during the construction site open day activities”, or change it to “timely repairs, rectifications or explanations” "Explain and give feedback to home buyers" suggestions. Considering that home buyers are non-professionals and the opinions and suggestions put forward by the construction site are not necessarily quality issues, it is planned to partially adopt this opinion.

Adjusted to: During the "Construction Site Open Day" event, home buyers' opinions or suggestions on project quality should be explained in a timely manner. If there are quality defects, they should be repaired and rectified in a timely manner and fed back to the home buyers.

The improved and revised "Notice" still maintains the structure of five parts and 15 articles, including: standardizing the setting up of delivery model rooms, standardizing the sales and promotion of new commercial housing, implementing the pre-delivery housing quality inspection system, and compacting development There are five parts including corporate main responsibilities and others.

Specifically, according to the "Notice", it is particularly clear in terms of setting up delivery model rooms: First, the model rooms that are under temporary construction within the scope of the project are indeed demolished and cannot be retained due to the need for completion acceptance. , the layout content should be entrusted to a third party for notarization. Second, the enterprise shall not set up a display (publicity) model room before setting up a delivery model room, and the delivery model room, process model area and display (publicity) model room should be set up in the same place. The display (promotion) model room should be marked with a prominent position indicating that the interior decoration and decoration are for display only.

At the same time, the "Notice" stipulates that enterprises should list the main materials and equipment lists in the pre-sale plan according to the decoration standards agreed in the transfer contract; when setting up model rooms when pre-selling commercial housing, they should be based on the decoration standards stipulated in the transfer contract. The planning drawings and pre-sale plan will clearly define the unit type, size, standard and process settings for the delivery model room, and arrange the process model area in the delivery model room. Put forward the "three consistency" requirements, that is: the decoration standards of the model rooms should be consistent with the list contents listed in the pre-sale plan, consistent with the delivery standards agreed in the home purchase contract, and consistent with the actual delivery status of the project. Add other decorations and facilities beyond the standard delivery. It is also required that the model rooms should be retained until three months after the project is delivered.

In terms of sales promotion regulations, it is stipulated that when enterprises produce various sales promotional materials, the content displayed within the project scope should be consistent with the content of the planning permit, and outside the project should be consistent with the status quo; it should be conspicuous at the sales site Disadvantages of the location announcement project. Strictly manage sales organizations, personnel, and behaviors. Before the project is sold, the development company should provide training to the sales personnel. The training content includes: basic information of the project, content of unfavorable factors, sales policies and regulations, standardized promotion terms, etc.

During the sales process, sales staff should wear badges when working, and online sales should use real names. At the same time, the "Four Strict Prohibitions" for sales staff are proposed, namely: it is strictly prohibited to make false propaganda, and it is strictly prohibited to mislead customers to handle possession of public property* It is strictly prohibited to publicize public service facilities that have not been built in the surrounding area, and to promote promotions that exaggerate a tense atmosphere.

In terms of quality inspection of houses before delivery, it is stipulated that under the premise of ensuring safety, enterprises should conduct no less than two "construction site open days" before completion acceptance to organize house buyers to enter the project site to understand the project. Situation on the ground. Online videos are encouraged to show construction progress to home buyers in real time.

Emphasize the implementation of the pre-delivery house quality inspection system. In addition to organizing house buyers to inspect the construction quality of the houses in accordance with the Beijing Municipal Housing and Urban-Rural Development Commission’s "Notice on Implementing House Quality Inspection of Newly Built Residences Before Delivery for Use", Home buyers should also be organized to inspect the decoration quality standards listed in the pre-sale plan.

In response to the opinions and suggestions put forward by home buyers on the "construction site open day", the official "Notice" clarified that the development company should explain in a timely manner, and any quality defects should be repaired and rectified in a timely manner and fed back to the home buyers.

In terms of consolidating the main responsibilities of enterprises, this "Notice" clarifies that if an existing house is sold, the actual delivered house should be fully displayed to the buyer. Enterprises are required to strengthen sales management. For hot-selling projects (those with more than 3 customers/households), under the guidance of the district housing and construction department, the notarized lottery will give priority to sales to households without houses, households in the territory, and households of employees of surrounding enterprises and institutions.

It is stipulated that when signing a contract, the company should show the model room to the house purchaser and introduce the materials, workmanship, dimensions, etc.; at the same time, inform the project unfavorable factors and have them confirmed in writing by the house purchaser; it is required that the project publicity and promotion materials should be formed Written and video materials shall be retained for future reference; it shall be clarified that the enterprise shall be solely responsible for the overall quality and after-sales service of commercial housing, and shall issue a "Residential Quality Guarantee" and "Residential Instruction Manual" to the purchaser that comply with the contract.

In addition, the Beijing Municipal Housing and Urban-Rural Development Commission requires the district housing and urban-rural development authorities to conduct on-site inspections of the setup of model rooms before development companies apply for pre-sale licenses. Those who violate the provisions of the notice will be ordered to make rectifications within a time limit, and the violations will be scored and included in the credit system management.