Zhoukou, Henan Province: Strictly investigate the behavior of pre-sale propaganda and misleading buyers' market expectations.

On April 2 1, Zhoukou City, Henan Province issued the Notice of Zhoukou City Housing and Urban-Rural Development Bureau on Launching Special Actions to Rectify the Chaos in the Real Estate Market (hereinafter referred to as the Notice), which will organize special actions such as self-examination and self-correction, and spot checks with the competent authorities to severely crack down on the phenomenon of unreasonable charges, overcharges and compulsory charges by real estate development enterprises, and control illegal sales and false real estate propaganda by real estate development enterprises.

According to the notice, there are 15 rectification items, including illegal collection, compulsory collection, overcharged natural gas installation fees, property fees, and agency fees for immovable property certificates. , and compulsory collection of fees outside the contract and refusal to return them. Collect the owner's house purchase deposit by means of deception or inducement, and the deposit will not be issued with an official receipt and will not be returned; Before obtaining the pre-sale permit of commercial housing, collect fees such as deposit, advance payment and deposit. Obtained from the purchaser by subscription, subscription, reservation, numbering, recharge card, attracting members, etc. Failing to deposit the advance payment of commercial housing into the supervision account, and privately collecting any form of down payment, down payment, license plate fee and other house payment from the owner; Failing to sell commercial housing at the pre-sale record price (or higher than the pre-sale record price), or restricting the legitimate rights of buyers with additional conditions (such as binding parking spaces, storage rooms, decoration, etc.), and raising prices in disguise. The sale of multiple houses damages the legitimate rights and interests of buyers; Use the contract format clause to exempt oneself from legal obligations, increase the buyer's responsibility and exclude the buyer's legal rights. Restrict, obstruct or refuse the purchaser to use the housing provident fund loan or mortgage loan; In violation of the provisions of the price tag, the sales status and sales price of the house are not indicated. Forcibly deliver the house that has not been accepted by the competent department or failed to pass the acceptance to the owner in any form; Misleading the market expectations of buyers by fabricating, spreading false information or misinterpreting relevant real estate policies. Sales promotion of real estate projects without pre-sale permission or filing; In the real estate publicity, promise to buy accounts, employment, enrollment, real estate appreciation, investment return, mortgage and other matters; Forcibly hand it over to the intermediary company when handling the real estate license; Other illegal, illegal and dishonest business practices.

At the same time, the "Notice" proposes to combine the special rectification activities of chaos in the real estate market with the special actions to eliminate evil. For development enterprises that commit crimes against the wind and refuse to rectify, they should report to the department of eliminating evils in a timely manner according to the relevant provisions of eliminating evils. Combined with the special action to solve the problem property, it belongs to the development project of the problem property, so we should take the initiative to get in touch with the problem property and solve the problem as soon as possible.

Zhoukou city will increase the punishment. Illegal acts found in special rectification actions should be severely punished according to law; Enterprises that complain more to the masses and have serious violations of laws and regulations should be dealt with seriously; After the end of the special rectification action, all units should submit typical cases in time.

For real estate development enterprises that find illegal acts in special inspections, measures should be taken to order them to make corrections within a time limit, revoke their qualification certificates, suspend online signing, suspend formalities, implement joint punishment, record them in credit files, and publicly expose typical cases, so as to speed up the handling efficiency of illegal acts and enhance the deterrent effect of law enforcement punishment.

The original text of the Notice of Zhoukou City Housing and Urban-Rural Development Bureau on Launching Special Remediation Action for Chaos in the Real Estate Market is as follows:

Zhou Jian [2020]No. 17

County (city, district) real estate departments:

In order to further implement the decision-making arrangements for the development of the real estate industry at all levels during the epidemic prevention and control period, control the chaos in the real estate market, earnestly safeguard the legitimate rights and interests of buyers, and promote the healthy and stable development of the real estate market in our city, according to the development status of the real estate market in our city, it is decided through research to carry out special rectification actions for the chaos in the real estate market throughout the city. The relevant matters are hereby notified as follows:

I. Work objectives

In view of the development status of the real estate market in our city, by organizing special actions such as self-examination and self-correction, spot check and inspection by the real estate authorities of cities and counties (cities, districts), we can effectively crack down on the phenomenon of arbitrary charges, overcharges and compulsory charges by real estate development enterprises, control illegal sales and false real estate propaganda by real estate development enterprises, further rectify and standardize the order of the real estate market, gradually improve the supervision mechanism of the real estate market, earnestly safeguard the legitimate rights and interests of buyers, and promote the stable and healthy development of the real estate market in our city.

Second, the rectification content

(a) illegal collection, compulsory collection, overcharged natural gas installation fees (from 20 17+00 onwards, the new, expanded and rebuilt projects in the downtown area will continue to be charged after obtaining the construction project planning permit), cable TV installation fees, special maintenance funds for houses (misappropriated or not handed over to the competent authorities in time after collection), and property fees.

(two) to collect the owner's house purchase deposit by deception, and the deposit is not issued with an official receipt and will not be returned.

(3) Collect down payment, advance payment, deposit and other fees before obtaining the pre-sale permit of commercial housing. Obtained from the purchaser by subscription, subscription, reservation, numbering, recharge card, attracting members, etc.

(4) collecting any form of down payment, down payment, license plate fee, etc. without depositing the advance payment of commercial housing into the supervision account. The owner gave it to me.

(5) Failing to sell commercial housing at the pre-sale record price (or higher than the pre-sale record price), or restricting the legitimate rights of the purchaser with additional conditions (such as binding parking spaces, storage rooms, decoration, etc.), and increasing the price in disguise.

(6) selling more than one room damages the legitimate rights and interests of buyers.

(seven) the use of contract format clauses, exempt from its legal obligations, increase the responsibility of the purchaser, and exclude the legitimate rights of the purchaser.

(eight) restrict, obstruct or refuse to use housing provident fund loans or mortgage loans.

(nine) did not indicate the housing sales situation, sales price and other acts in violation of the provisions of the price tag.

(ten) in any form, the house that has not been accepted or unqualified by the competent department is forcibly delivered to the owner.

(eleven) by fabricating, spreading false information, or misinterpreting the relevant real estate policies, misleading the market expectations of buyers.

(twelve) real estate projects without pre-sale permission or filing, unauthorized promotion.

(thirteen) in the real estate publicity commitment to purchase accounts, employment, enrollment, real estate appreciation, investment returns, mortgage loans and other matters.

(fourteen) when handling the real estate license, it is forcibly handed over to the intermediary company.

(fifteen) other illegal, illegal and dishonest business practices.

Third, the work steps

(1) Publicity and mobilization (mid-April 2020). Hold a work deployment meeting before mid-April to make work arrangements. The real estate departments of counties (cities, districts) should take various forms, widely publicize the significance, objectives and tasks of special rectification actions, unify their thinking and understanding, actively participate in them, and strive to create a good atmosphere for special rectification actions. It is necessary to combine work responsibilities with reality, clarify objectives, refine tasks, implement responsibilities, and strengthen measures to ensure the smooth development of special rectification actions.

(2) Self-examination and self-correction (late April 2020). Organize real estate development enterprises within their jurisdiction to conduct a comprehensive self-examination of their development and operation behaviors against the rectification contents of the special rectification actions, fill in the self-examination and self-correction form (see Annex 1), hang the letter of commitment for honest operation in a prominent position at the sales site (see Annex 2), and consciously accept the supervision of the buyers. Problems found in self-examination and self-correction should be rectified before May 10.

(3) Centralized inspection (early May to mid-May 2020). The real estate departments of counties (cities, districts) focus on special inspections of their real estate development enterprises, and the Municipal Housing and Construction Bureau conducts spot checks on the special rectification actions carried out by counties (cities, districts) and development enterprises in a timely manner. For real estate development enterprises that find illegal acts in special inspections, measures should be taken to order them to make corrections within a time limit, revoke their qualification certificates, suspend online signing, suspend formalities, implement joint punishment, record them in credit files, and publicly expose typical cases, so as to speed up the handling efficiency of illegal acts and enhance the deterrent effect of law enforcement punishment.

(4) Summary acceptance (late May 2020). County (city, district) real estate departments should conscientiously sum up the development of special actions, carefully sort out the problems found in inspections, start with system construction, study and improve regulatory policies, plug regulatory loopholes, optimize regulatory work processes, increase the frequency of regulatory inspections, and effectively prevent similar problems from happening frequently. The written summary report of special rectification actions and supporting regulatory measures shall be reported to the special rectification office of the Housing and Construction Bureau before May 30.

Fourth, organize and lead.

The Municipal Housing and Urban-Rural Development Bureau has set up a leading group headed by Party Secretary and Director Zhang Jihong, with Deputy Directors Chen Yonghui, Yang Dengfeng and Chief Engineer Guo Jinfeng as deputy heads, and leaders of administrative examination and approval, real estate development management, policies and regulations, property management, letters and visits, supervision detachment, real estate transaction, public housing management and other departments and secondary institutions participating, to lead, organize and coordinate the special rectification actions in a unified way. The leading group has an office located in the Real Estate Development Management Section of the Municipal Bureau (tel: 8233968, email: zkszjjfk @ 163.com), which is responsible for the coordination, supervision and information statistics of special rectification actions. Counties (cities, districts) real estate departments should also set up corresponding organizations, responsible for leading the special rectification work in this area. Contact person of the leading group (name, unit and telephone number) shall report to the office of the leading group of the Municipal Housing and Construction Bureau before April 25.

Verb (abbreviation for verb) job requirements

(1) Attach great importance to and earnestly strengthen leadership. In order to actively respond to the epidemic, the central government and various provinces and cities have successively issued preferential policies to support enterprises to resume work and production. The Municipal Bureau of Housing and Urban-Rural Development, together with the Municipal Natural Resources and Planning Bureau and other departments 14, issued "Several Opinions on Effectively Responding to the Epidemic and Promoting the Stable Development of the Real Estate Construction Industry" (Zhou Jian [2020] No.9) to the people's governments and management committees of counties (cities, districts), which played a great role in promoting the real estate industry in our city to actively respond to the epidemic and speed up the resumption of work and production. As a real estate department, we should keep a clear head. The more favorable the policy is to enterprises, the less we can relax the supervision of the market, which is also the main reason for carrying out special rectification actions. We should pay attention to the implementation of policies, actively serve enterprises and pay attention to market supervision. Never allow the phenomenon of disrupting the market and infringing on the interests of property buyers. All units should pay close attention to the special rectification as the key work of the year, formulate the action plan for special rectification, refine the rectification contents in combination with the actual situation, clarify the rectification measures, implement the regulatory responsibilities, and ensure the implementation of the special rectification work. Determine a competent leader to be specifically responsible, integrate all forces, deploy business backbones to form an inspection team, and complete the special rectification action of chaos in the local real estate market in a planned, high-standard and high-quality manner.

(two) in-depth publicity, smooth complaint channels. County (city, district) real estate departments should strengthen publicity, expand the scope of publicity through newspapers, radio, television, websites, WeChat WeChat official account and other media, positively guide public opinion, expose typical cases of violations of laws and regulations that have been identified, form a shock, and create a good public opinion environment for the real estate market. Open the channels for people to report and guide the public to actively participate in the special rectification actions to rectify the chaos in the real estate market. It is necessary to publish the telephone number for reporting complaints, establish a ledger for accepting complaints and reporting reports, publish the survey results in time, respond to social concerns, and strive to build a situation of * * * * governing the real estate market together.

(3) Rectification reform, focusing on integration. Guide enterprises to implement the principle of rectification during self-examination and self-correction, and do not pursue relevant responsibilities for development enterprises that take the initiative to self-examination and self-correction, violate laws and regulations slightly, and rectify in place. It is necessary to combine the special rectification activities of chaos in the real estate market with the special actions to eliminate evil. Development enterprises that commit crimes against the wind and refuse to rectify should be reported to the anti-vice department in a timely manner in accordance with the relevant provisions on eliminating evils. Combined with the special action to solve the problem property, it belongs to the development project of the problem property, so we should take the initiative to get in touch with the problem property and solve the problem as soon as possible.

(4) Adhere to standards and increase penalties. Illegal acts found in the implementation of special rectification actions should be severely punished according to law, especially for common and typical problems in the market, which should be studied and countermeasures should be taken to fundamentally standardize them; Enterprises that complain more to the masses and have serious violations of laws and regulations should be dealt with seriously; We should be highly vigilant against the signs of violations of laws and regulations found in the rectification process and resolutely stop them to prevent them from breeding and spreading. After the end of the special rectification action, all units should submit typical cases in time.

(five) combined with the actual situation, the establishment of long-term mechanism. In carrying out special rectification actions, all units should take the initiative to connect with public security, market supervision, finance, development and reform, natural resources, planning and other departments, and report relevant information in a timely manner to form a joint force for special rectification. It is necessary to take this special rectification as an opportunity to persist in the special rectification of chaos in the real estate market as a regular work. It is necessary to adhere to the rectification of norms and system construction, special rectification and daily supervision, strengthen management and improvement of services, accept complaints and take the initiative to supervise, gradually establish and improve the credit system of the real estate industry, and actively promote the construction of joint incentives for trustworthiness and joint disciplinary mechanisms for dishonesty in the real estate sector.

April 2020 10