Dongguan Housing and Urban-Rural Development Bureau issued a document to severely crack down on illegal activities of intermediaries!

On the evening of September 27, just now, the Dongguan Municipal Bureau of Housing and Urban-Rural Development issued the "Notice on Further Strengthening the Management of the Real Estate Brokerage Industry."

The full text of the notice is as follows:

Notice of the Dongguan Municipal Bureau of Housing and Urban-Rural Development on Further Strengthening the Management of the Real Estate Brokerage Industry

Each park, town (street) housing management office , Municipal Real Estate Agency Association, all real estate brokerage agencies, and all real estate network information release platforms:

In order to resolutely implement the positioning of "houses are for living in, not for speculation", and effectively regulate real estate agency agencies Business behavior, strengthen the construction of the industry credit system, create a good industry development environment, safeguard the legitimate rights and interests of consumers, promote the stable and healthy development of our city’s real estate market, and carry out special rectification of the real estate market order in accordance with the "Real Estate Brokerage Management Measures" and other relevant laws and regulations as well as the national and provincial governments Relevant work arrangements are hereby notified of relevant matters as follows:

1. Strengthen industry supervision and promote multi-party governance

(1) Strictly implement the brokerage agency registration system. Real estate brokerage institutions and their branches in this city (including online platform institutions involved in real estate brokerage business) engaged in real estate brokerage business shall strictly comply with the relevant provisions of the "Real Estate Brokerage Management Measures" and regulate their operations within 30 days from the date of obtaining the business license. The Municipal Housing and Urban-Rural Development Bureau handles the filing procedures. If a brokerage agency and its branches are changed or terminated, they must go to the Municipal Housing and Urban-Rural Development Bureau to go through the registration change or cancellation procedures within 30 days from the date of change or termination. Anyone who is verified to carry out real estate brokerage service activities without obtaining a real estate agency registration certificate will be ordered by our bureau to make rectifications within a time limit and be included in the transaction risk warning list. A copy will be sent to the market supervision and management department. At the same time, it will be announced to the public to remind the public to prevent transactions. risk. All real estate brokerage agencies and their branches shall publicize the complaint telephone number (including the enterprise complaint telephone number, the local real estate management department complaint telephone number, the Municipal Housing and Urban-Rural Development Bureau Real Estate Market Supervision Section complaint telephone number, etc.) in a conspicuous place in the business premises, and establish and improve business ledgers. Record business conditions truthfully and preserve real estate brokerage service contracts.

(2) Strictly implement the real-name registration system for employees. Support industry organizations to play a collaborative governance role. The Municipal Real Estate Agency Association (hereinafter referred to as the "Agency Association") must fully implement the charter and strengthen industry self-discipline, formulate real estate brokerage practice regulations, establish an information database for agency practitioners, strengthen training and education for practitioners, and take the lead in implementing the real-name information of practitioners in real estate agency agencies Registration work. When a brokerage institution registers, it must provide information on all personnel of the institution who are engaged in brokerage business and have completed real-name registration. When conducting business, intermediary practitioners must wear the “Real Estate Brokerage Practitioner Information Registration Card” uniformly produced by the Intermediary Association. Those who have not registered with their real names will be restricted from activities such as house listings and community tours.

(3) Improve industry self-discipline mechanisms and measures. Support intermediary associations to establish the "Integrity Alliance" for real estate intermediaries, accelerate the study and formulation of a unified model of the "Dongguan Real Estate Intermediary Service Contract", and promote its use among the member units of the "Integrity Alliance". For brokerage agencies that have been registered and voluntarily joined the "Integrity Alliance" and voluntarily accepted industry and social supervision, industry authorities will optimize the frequency of inspections in daily inspections and special inspections. The intermediary association should carry out industry integrity service commitment activities, urge employees to abide by professional norms, abide by professional ethics, consciously abide by laws and regulations, consciously resist bad intermediary behaviors, promote the development of our city’s real estate brokerage industry and improve the quality of personnel, and create a Good market environment. The alliance must establish and improve the credit score system and integrity blacklist system for brokerage agencies and employees, adhere to the orientation of "supporting the good and punishing the bad", and the credit score situation and the integrity blacklist must be disclosed to the public on a regular basis.

(4) Increase the disclosure of housing price information. Further improve the monitoring and statistical mechanism of first-hand and second-hand housing prices, use geospatial information and online transaction data of first- and second-hand residential properties to establish an online "Dongguan House Price Map", and publish the online transaction prices of first-hand properties and transaction references of second-hand properties in the city Prices guide the market to rational transactions. Explore the establishment of a rental and sales platform for existing housing, and give priority to members of the real estate agency "Integrity Alliance" to become contract service units. Relying on real estate registration and city-wide political data, we will improve the online contract signing system for second-hand housing transactions and further standardize the second-hand housing transaction process.

(5) Standardize the housing information release and management mechanism.

The intermediary association should strengthen market research on second-hand housing transaction prices and monitoring of listing prices, and develop unified standards for releasing housing information. When real estate brokerage agencies and practitioners accept entrustment to place listings, they are not allowed to exaggerate transaction information to guide owners to increase their bids at will. The price of the house displayed must be consistent with the owner's written entrustment price, and they are not allowed to accept or publish through online and offline channels that are significantly higher than the price. The listing price is the reference price for second-hand housing transactions in this city. The real estate network information release platform should establish and improve relevant mechanisms, strengthen the qualification review of brokerage agencies and practitioners who publish housing information, clarify the methods for complaining and reporting of housing information, and the handling mechanism for illegal brokerage behavior, and find that brokerage agencies or practitioners publish false properties in violation of regulations. If source information is obtained, the real estate industry authorities and intermediary associations shall be promptly notified for processing.

(6) Strengthen joint governance with property associations. The intermediary association should strengthen communication and coordination with the Municipal Property Management Industry Association, explore the establishment of a joint governance mechanism, guide the formulation of unified and standardized service guidelines, and take multiple measures to restrict the brokerage of brokerage agencies and practitioners who do not have business qualifications and working conditions, or operate in compliance with regulations. service behavior, prompting real estate brokerage institutions to further standardize business behavior and intermediary services.

2. Strictly crack down on illegal and illegal behaviors of real estate agencies

Intensify the investigation and punishment of illegal and illegal behaviors of real estate brokerage institutions and employees, using public feedback, media reports, and public opinion concerns as the main clues , with the starting point of effectively solving the issues of concern to the masses, focusing on the following violations of laws and regulations by real estate brokerage institutions and employees and severely punishing them in accordance with the law:

1. Those who fail to register with the real estate authority and engage in real estate brokerage services without authorization Behavior;

2. Failure to publicize service items, service content, charging standards, institutional information, transaction fund supervision methods, complaint and reporting methods, etc. in a conspicuous place on the business premises, or the publicity content is incomplete or inaccurate ;

3. Provide brokerage services for houses that do not meet the transaction conditions and are prohibited from trading, or conceal mortgage, seizure and other restricted house transaction information from home buyers;

4. Publish false housing information through different channels such as stores and websites, create rumors, spread rumors, hype up housing in school districts, hype up false information, and other behaviors that mislead consumers or market expectations;

5. Inducing, instigating, and assisting in purchasing a house By forging certification materials, relying on third-party companies to pay social security, etc., they defraud the qualifications to purchase a house, defraud the withdrawal or loan of housing provident funds, and circumvent purchase and loan restrictions;

6. Sign a contract for the same house for a customer "Yin and Yang contracts" with different transaction prices provide convenience and illegally avoid transaction taxes and fees;

7. Violate relevant regulations on transaction fund supervision, illegally embezzle or misappropriate customer transaction funds, and force the provision of agency services and guarantee services , or the act of charging arbitrary fees in the form of bundled services;

8. Signing a real estate brokerage service contract in the name of a real estate agent or real estate agent associate, or signing an intermediary service contract without the consent of a real estate agent or real estate agent 9. Using information asymmetry to control sellers and housing resources through "ABC orders" and transaction chains, using the excuse of "not qualified to purchase a house" and "waiting for loan approval" , inducing sellers to sign a house purchase online with a third party or earn the price difference;

10. When providing real estate sales agency or intermediary services, the buyer is not required to promise in writing that there will be no misappropriation of the purchase funds. Issues such as bank credit funds, providing house buyers or cooperating with other institutions to provide consultation and services on financial products such as housing mortgage loans, or inducing house buyers to use funds for business purposes in violation of regulations;

11. Real estate development companies collude to hold back on sales, speculate on house numbers, charge "tea fees" and "inward transfer" to sell houses;

12. Commercial housing marketing calls are disturbing people, malicious phone calls are harassing, leaked, sold or used improperly The personal information of the client, and the act of seeking improper benefits;

13. Other violations of laws and regulations that are strongly reported by the public.

3. Strengthen the joint punishment mechanism for real estate intermediaries’ breach of trust

(1) Strengthen daily inspection management and administrative law enforcement. The real estate management departments of each park and town (street) must establish a ledger of brokerage agencies and employees within their jurisdiction, update the relevant information of the ledger every quarter, and submit it to the Real Estate Market Supervision Section of the Municipal Housing and Urban-Rural Development Bureau for filing.

It is necessary to strengthen the construction of the management team of the real estate intermediary industry, and increase the inspection of business premises of real estate brokerage institutions and their branches, spot checks of business ledger files, and the handling of reports and complaints. Brokerage agencies and employees who have violated laws and regulations will be ordered to make corrections within a time limit in accordance with the law, and the Municipal Housing and Urban-Rural Development Bureau will be submitted to the Municipal Housing and Urban-Rural Development Bureau for administrative penalties, cancellation of online contracting qualifications, etc. If it falls under the jurisdiction of other administrative agencies, they will be transferred to other competent agencies in accordance with the law. Those who commit crimes will be handed over to the public security and judicial departments for investigation and punishment according to law.

(2) Increase cross-department joint law enforcement and joint punishment. Strengthen communication and coordination with market supervision, public security, taxation, financial supervision, publicity, cyberspace and other departments, and comprehensively adopt methods such as centralized interviews, patrol inspections and unannounced visits, "double random" spot inspections, special inspections, joint law enforcement, and key reviews to formulate work Work together to strengthen responsibility and maintain a high-pressure posture to control chaos in real estate intermediaries. Establish and improve an information exchange and sharing mechanism, and conduct regular or irregular inspections of brokerage agency stores, Internet platforms, and real estate websites that publish housing information in our city. Brokerage agencies that are found to have illegally published false housing information during the inspection will be punished by The intermediary association will make a public announcement and urge rectification. Serious cases will be included in the integrity blacklist and announced to the public. Real estate online information publishing platforms that publish false housing information in violation of regulations will be referred to relevant departments to deal with the platform. While handling illegal and illegal brokerage institutions and employees in accordance with the law, joint punishments will be implemented for serious untrustworthy entities, and they will be listed as key supervision objects through information sharing, and they will be restricted from engaging in various types of real estate intermediary services in accordance with the law, forming a "one place" Illegal and restrictive” credit supervision pattern.

Dongguan Municipal Housing and Urban-Rural Development Bureau

September 27, 2021