How much do you know about the implementation of Wuxi commercial housing pre-sale management rules

Commercial housing sales are exquisite, and various localities have also formulated detailed rules for the management of pre-sale of commercial housing in light of their own actual conditions. In 2004, Wuxi also promulgated the "Detailed Rules for the Implementation of Wuxi Commercial Housing Sales Management", with 28 articles in total, which explained the rules and systems of commercial housing sales management in detail. Property buyers and developers can learn from the detailed rules for reference.

Commercial housing sales are exquisite, and various localities have also formulated detailed rules for the management of pre-sale of commercial housing in light of their own actual conditions. In 2004, Wuxi also promulgated the "Detailed Rules for the Implementation of Wuxi Commercial Housing Sales Management", with 28 articles in total, which explained the rules and systems of commercial housing sales management in detail. Property buyers and developers can learn from the detailed rules for reference.

Article 1 In order to further strengthen the management of commercial housing sales in this Municipality, standardize the market behaviors of real estate development enterprises and sales agents, and earnestly safeguard the legitimate rights and interests of property buyers, according to the People's Republic of China (PRC) Urban Real Estate Management Law. According to the provisions of laws, regulations and rules such as the Regulations on the Management of Urban Real Estate Development and Operation, the Measures for the Management of Urban Commercial Housing Pre-sale, and the Measures for the Management of Commercial Housing Sales, these rules are formulated in combination with the actual situation of this Municipality.

Article 2 These Detailed Rules shall apply to the sales and management of commercial houses within the urban area of this Municipality.

Article 3 The term "sale of commercial housing" as mentioned in these Detailed Rules includes spot sale of commercial housing and pre-sale of commercial housing.

The commercial house for sale now refers to the behavior that the real estate development enterprise sells the commercial crystal house that has passed the completion acceptance and obtained the initial registration certificate to the buyer, and the buyer pays the house price.

Pre-sale of commercial housing refers to the behavior of real estate development enterprises to sell commercial housing under construction to buyers in advance, and the buyers pay the deposit or house price.

Article 4 The sales management of commercial housing in this Municipality shall implement the pre-sale (sales) licensing system of commercial housing, the registration and filing system of commercial housing sales contracts and the tracking and supervision system of the sales process.

Wuxi Real Estate Management Bureau is the competent authority of commercial housing sales management in this city. The pre-sale permit of commercial housing within the urban area of this Municipality shall be uniformly issued by the Municipal Real Estate Management Bureau, and the specific work related to the registration of commercial housing sales contracts and pre-sale registration shall be uniformly implemented by the Municipal Real Estate Management Bureau.

Article 5 A real estate development enterprise shall apply to Wuxi Real Estate Management Bureau for a pre-sale permit before the pre-sale of commercial housing, and the pre-sale can only be carried out after obtaining a pre-sale (sales) permit for commercial housing.

Article 6 A real estate development enterprise applying for the pre-sale (sales) permit of commercial housing shall enter relevant information through Wuxi real estate market information management platform as required, and submit the following documents (photocopies) and materials:

1. Business license and qualification certificate of real estate development enterprise:

2. Certificate of land use right (attached with transfer contract or land use approval document);

3, the construction project planning permit and the construction project construction permit (with the general plan):

4, engineering construction contract:

5. Pre-sale plan for commercial housing. The pre-sale plan shall explain the design scheme of supporting public buildings and greening planting in the community, the results of pre-sale area surveying and mapping, the pre-sale price, the termite control measures of commercial housing and the implementation of property management after delivery, and the detailed list of commercial housing put into pre-sale, self-sale or entrusted sales (for entrusted sales, a copy of the entrusted contract and the business license and qualification certificate of the sales agency shall also be submitted);

6. Other supporting materials

Article 7 After accepting the application of the development enterprise, the Municipal Real Estate Management Bureau shall conduct data review and on-site investigation, and issue the pre-sale (sales) license for commercial housing projects with complete data and meeting the following conditions within 1 working days:

1. The demolition task with a clear demolition permit in the planned fixed-point map has been completed.

2, according to the plan, land, planning to determine the construction project, put into pre-sale of multi-storey commercial housing image construction progress reached more than 50%, small high-rise and high-rise commercial housing image construction progress reached more than 30%.

Eighth of the pre-sale (sales) permits have been obtained for the project, the city real estate management bureau will be announced to the public through newspapers, the Internet or other channels, and set up online or telephone inquiry service.

Article 9 When a real estate development enterprise presales a commercial house, it shall show the pre-sale (sales) license of the commercial house to the winning bidder. For real estate development projects that have not obtained the pre-sale permit of commercial housing, real estate development enterprises shall not pre-sell commercial housing or conduct sales activities in disguised form by making an appointment or making an appointment, and shall not collect deposits or advance payments in any form.

Tenth real estate development enterprises to sell commercial housing, in addition to showing the "pre-sale (sales) license" to the winning bidder, it should also show the completion acceptance certificate of commercial housing and the initial registration certificate of commercial housing.

Eleventh real estate development enterprises entrust intermediaries to sell commercial housing, they should entrust honest and trustworthy intermediaries, and sign an entrustment contract with intermediaries for the sale of commercial housing. When an intermediary sells a commercial house, it shall, in accordance with the provisions of Articles 9 and 10 of these Rules, present the relevant supporting documents and the Commission Contract for the Sale of Commercial House to the winning bidder.

Twelfth real estate development enterprises and sales agents should publish advertisements in strict accordance with the Advertising Law and the Interim Provisions on the Publication of Real Estate Advertisements. Sales advertisements and sales brochures must specify the approval number of the corresponding pre-sale (sales) permit for commercial housing. Real estate development projects that have not obtained the pre-sale (sales) license of commercial housing shall not be used? Internal subscription? 、? Internal subscription? 、? Internal registration? Advertise under other names.

Thirteenth real estate development enterprises, sales agents should strictly implement the national and provincial price policies, fair and honest sales of goods, and should implement the following provisions:

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2. It is forbidden for salespeople to use their positions to speculate on real estate. Sales staff to buy the commercial housing developed and sold by the enterprise shall not transfer it before handling the registration of commercial housing ownership transfer and obtaining the house ownership certificate and land use right certificate.

3. It is strictly forbidden to pre-sell commercial housing in disguised form by selling valuable membership cards, VIP cards, and house number plates. Real-name registration shall be carried out for the membership card, VIP card or house selection number plate issued by the target customers in the protected area free of charge, and the transfer of the membership card, VIP card and house selection number plate is prohibited.

4. It is forbidden to sell commercial housing by returning to capital or in disguised form, and it is forbidden to sell unfinished commercial housing by after-sales charter or disguised after-sales charter.

Article 14 When a real estate development enterprise presales (sells) a commercial house, it shall clearly mark the price, guarantee the purchaser's right to know the area of the commercial house and the calculation of the house price, and strictly fulfill the following obligation to inform:

1, the calculation data of relevant building construction area shall be publicized in the sales office for the buyers' reference, and the publicized data shall include: With the approval of the planning department, the general plan of the residential area, the building plan, the surveying and mapping report of the commercial housing area, the supporting buildings and public houses in the residential area are partially explained, and * * * has a list of construction area allocation.

2. Adjustment factors such as sales base price, floor, location, orientation and environment, and the calculation formula of total price of commercial housing shall be publicized in the sales office. One room, one price, but also the price list of saleable houses should be publicized.

Fifteenth commercial housing is sold by units, and shopping malls and office buildings are sold by buildings, floors and units (rooms) with closed, permanent and fixed maintenance structures. Real estate development enterprises and sales agents shall not be sold separately.

Sixteenth parties to the sale of commercial housing should use the model text formulated by the Ministry of Construction and the State Administration for Industry and Commerce when signing the Commercial Housing Sales Contract. Optional clauses and supplementary clauses in the model contract text shall be agreed upon by both parties on the basis of equality and voluntariness. Real estate development enterprises and sales agents shall not abuse their dominant market position and make unreasonable and unfair provisions on the counterpart by using standard contracts or standard clauses.

Article 17 After the commercial housing sales contract is confirmed by both parties, the real estate development enterprise shall timely register online with the Property Right Supervision Office of the Municipal Housing Authority through the Wuxi real estate market information management platform, print the registration certificate of the commercial housing sales contract, and indicate that the unit (set) of commercial housing has been sold on the property right table of commercial housing. The Contract Registration and Filing Certificate is an annex to the commercial housing sales contract, and the real estate development enterprise, the sales agent enterprise and the purchaser shall jointly sign (seal) the Commercial Housing Sales Contract and the Registration and Filing Certificate.

Article 18 Before applying for the registration of the ownership transfer of commercial housing, if the pre-sale parties need to change the terms of the commercial housing sales contract except the contract subject through consultation, they shall apply to the Property Supervision Department of the Municipal Real Estate Administration with the original contract text, registration certificate, contract change application form and other prescribed registration materials, and go through the relevant procedures through the online operating system.

Nineteenth pre-sale commercial housing that has been put on record shall not be transferred before it is delivered and the ownership certificate is obtained. If the name is changed between immediate family members or members of the same household registration, with the consent of both parties to the contract, the household registration book, marriage certificate or certificate of household registration management department shall be provided, and an application shall be submitted to the Property Supervision Department of the Municipal Real Estate Administration Bureau, and relevant procedures shall be handled through the online operating system.

Article 20 Before applying for the registration of the transfer of ownership of commercial housing, if it is necessary to terminate the contract for the sale of commercial housing through consultation between both parties, the written contract that has obtained the record certificate, the written agreement on the termination of the contract and other prescribed registration materials shall be used to go through the formalities for the record termination of the contract. Under any of the circumstances listed in the preceding paragraph, the Property Right Supervision Office of the Municipal Housing Authority shall promptly prompt the commercial housing sales contract to be terminated through the online operating system.

Twenty-first commercial housing that has been published on the Internet, and the purchaser requests to buy it, the real estate development enterprise shall not refuse it without justifiable reasons.

Twenty-second real estate development enterprises and sales agents shall, according to the progress of the project, agree with the buyers on the payment method, payment ratio and payment term. If the purchaser chooses the mortgage payment method, the project progress of the pre-sale house should reach the ceiling of the multi-storey structure, and the real estate development enterprise can only require the purchaser to go through the mortgage loan formalities after more than two thirds of the high-rise main structure is completed.

Twenty-third real estate development enterprises and sales agents shall set up commercial housing sales points in commercial banks where accounts are opened.

Twenty-fourth commercial housing buyers shall, within 90 days from the date of delivery of commercial housing, go through the registration procedures for the transfer of ownership of commercial housing, and real estate development enterprises shall assist commercial housing buyers to go through the formalities for the change of land use rights and the registration of ownership of housing, and provide necessary supporting documents.

Twenty-fifth real estate development enterprises and sales agents should take the initiative to accept supervision and strengthen honesty and self-discipline. The pre-sale of commercial housing that does not meet the requirements of these rules shall be handled by the Municipal Real Estate Management Bureau according to different violations:

(1) If a commodity house pre-sale (sales) permit is obtained for sale without pre-sale permit, or a commodity house is pre-sold in disguised form by making an appointment or booking, it shall be ordered to stop the pre-sale and go through formalities, the illegal income shall be confiscated, and a fine of less than 1% of the advance payment received shall be imposed;

(2) Those who fail to publish advertisements or use advertisements to create false information and maliciously speculate in accordance with the provisions of Article 12 of these Rules shall be given a warning, ordered to make corrections within a time limit, and severely punished in conjunction with the administrative department for industry and commerce;

(3) Those who sell commercial houses in violation of the provisions of Articles 13, 14 and 15 of these Rules shall be exposed and publicized in news media, internet, sales places, real estate websites and the city real estate trading market, and the bad behaviors of enterprises and employees shall be recorded, and a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed.

(four) without signing the contract for the sale of commercial housing through the online operating system and going through the registration formalities, the property right supervision office of the Municipal Housing Authority shall not accept the application for the registration of the transfer of ownership of commercial housing and the registration of other rights;

(five) do not use pre-sold commercial housing in accordance with the provisions, shall be ordered to make corrections within a time limit, and may impose a fine of less than 3 times the illegal income but not more than 30 thousand yuan.

Twenty-sixth Jiangyin and Yixing can be implemented according to the actual situation.

Twenty-seventh these rules shall be interpreted by Wuxi City Housing Authority.

Article 28 These Rules shall come into force as of July 5, 2004. Before the implementation of these rules, if the "Commercial Housing Sales Contract" has been signed according to the regulations, the contract registration and filing shall still be implemented according to the original regulations.