Zhejiang Haiyan property market new deal: no discount or recharge on the basis of higher than the filing price.

165438+1On October 6, the Housing and Construction Bureau of Haiyan County, Zhejiang Province and the State Administration of Market Supervision jointly issued the Opinions on Further Strengthening the Management of the Real Estate Market (hereinafter referred to as the Opinions).

The opinion pointed out that false concessions are strictly prohibited, and the base of discount recharge must be "one room and one price" (hereinafter referred to as the filing price), and discount recharge must not be made on the basis of higher than the filing price. It is forbidden to give false gifts. It is strictly forbidden to give away parking spaces, gift areas, gift storage rooms, etc. As a means of publicity, it is actually bundled with the house at a price that exceeds the record price of the house.

The following is the full text:

Some opinions on further strengthening the management of real estate market

Yan Zhu Jian [2020]No. 150

All real estate enterprises and brokerage institutions:

In order to further strengthen the management of the real estate market, create an open, fair, just and orderly market environment, and focus on solving the outstanding problems of letters and visits in the real estate field, according to the People's Republic of China (PRC) Urban Real Estate Management Law, the Regulations on the Management of Urban Real Estate Development and Operation, the Measures for the Management of Commercial Housing Sales, the Measures for the Management of Urban Commercial Housing Pre-sale, the Measures for the Management of Real Estate Brokers, the Provisions on the Issuance of Real Estate Advertisements and the Notice of Jiaxing Municipal People's Government Office on Printing and Distributing, the management of urban commercial office projects is further strengthened.

I. About the Project Scheme Design

1. It is strictly forbidden to provide renovation conditions for future residents by reserving kitchen rooms, oil fume exhaust pipes (wells) and gas pipelines. Unless otherwise agreed in the land transfer announcement and the transfer contract, residential functional houses such as apartment-style office and hotel-style office shall not be built.

2. Except for townhouses, the garden green space around the first-floor houses shall not be owned by the first-floor owners, nor shall it create conditions for the first-floor owners.

Second, about the project publicity

1. The floor plan and decoration schematic diagram shall be subject to the construction drawing determined by the planning permission, and the axis size shall be marked, and the so-called "enlarged area" shall not be publicized. The sketch map of decoration can only indicate the interior part of the set, and may not include the so-called unfolded part. The actual delivered floor plan is printed on the publicity page of the floor plan and decoration schematic diagram, and it is indicated.

2. The publicity of the nature of the house must be carried out in the category determined by the planning permission, and it is strictly forbidden to carry out publicity in non-statutory categories such as LOFT. It is not allowed to publicize the so-called separation of people and vehicles, investment appreciation, rate of return and other contents in violation of regulations. Housing settlement and enrollment shall implement the relevant provisions of the public security and education departments, and shall not publicize housing settlement, housing enrollment and school district housing. Underground parking spaces and storerooms shall not publicize the independent registration of property rights. In site selection and traffic publicity, the concept of "time" should not be used instead of "distance". You can publicize the story height, but you can't publicize things like "buy one get one free" and "buy one get two free" in violation of regulations.

3. The sand table of the project shall be basically consistent with the general plan approved by the planning department, and shall be marked with the words "north arrow (or wind rose map) and unfavorable factors" and the words "for reference only, subject to the general plan approved by the planning department". The materials of the main hard pavement and pavement surface of the outdoor supporting project should be marked or explained on the sand table.

4. False concessions are strictly prohibited. The base of discount recharge must be "one room and one price" (hereinafter referred to as the filing price), and it is not allowed to discount recharge on the basis of higher than the filing price. It is forbidden to give false gifts. It is strictly forbidden to give away parking spaces, gift areas, gift storage rooms, etc. As a means of publicity, it is actually bundled with the house at a price that exceeds the record price of the house.

5. If the residence, parking space and storage room are sold together, their respective area (number), unit price and total price shall be stated on the "one room, one price" table, and the corresponding price and total contract price shall be stated in the deposit agreement and contract.

6. The schematic diagram of the project location should be accurate and clear, and the scale should be adapted to the actual map. The notice of sand table and unfavorable factors shall be completely and fully marked to inform the facilities, equipment and buildings in and around the project that have a great impact on production and life, including but not limited to garbage transfer stations, public toilets, signal towers, high-voltage towers, power transformation equipment, highways, railways, urban trunk roads, funeral places and power transformation equipment, motor vehicle entrances and exits, and public buildings outside the community (at least 500 meters away from the red line of land use).

Three. About Pre-sale Licensing and Sales

1. The real estate enterprise shall explain the sales method in the pre-sale sales plan (including whether to entrust a brokerage agency to sell and establish a third-party distribution channel, etc.). If a brokerage agency is used for sales, an entrusted sales contract (agreement) shall be provided. If the entrusted brokerage institution or sales model changes in the sales process, it shall report to the real estate department within 5 days. The application for pre-sale in batches shall be specified in the sales plan, and the sales batch shall not be adjusted without special circumstances.

2. Real estate enterprises and entrusted brokerage institutions shall strengthen professional training for sales personnel, ensure that sales personnel are familiar with the knowledge of project planning and design, supporting facilities, unfavorable factors, project construction, delivery time and other policies and real estate market management, credit, taxation and other aspects, and do not make misleading and false propaganda that is inconsistent with the actual project or violates policies.

3. The townhouse is equivalent to a house with two parts above ground and underground, and the above ground and underground parts must apply for pre-sale permit at the same time.

4. Fully renovated commercial residential projects should set up at least one delivery model house in the pre-sale residential buildings. Different decoration standards should be set when the pre-sale residential houses are delivered to the model houses. Pre-sale projects by stages, the delivery model houses that have been set up in front can be used. No pre-sale permit will be issued before the delivery of the model house.

When a fully decorated residential project applies for the pre-sale of commercial housing, it shall specify the number of sets, the specific location, the main materials used for decoration, facilities and equipment, acceptance records and other contents in the pre-sale plan. In the process of pre-sale, if the contents of the delivery model house specified in the pre-sale plan change, the change information shall be submitted to the real estate department in time.

Real estate enterprises should provide services such as visiting, introducing and delivering model houses. For units different from the delivered model houses, real estate enterprises should confirm the differences in unit structure and decoration with the buyers, and make an agreement when signing the commercial housing sales contract. The confirmation process should be recorded and recorded.

The information of construction general contracting, decoration, design, supervision and other units, as well as the list details of main decoration materials, facilities and equipment, should be publicized at the project sales site and delivered to the model house, and should be consistent with the commercial housing sales contract. Delivery of model houses shall not be equipped with facilities and equipment beyond the delivery standards agreed in the contract. Non-delivery standard items, contents, etc. It should be marked and prominently displayed in the publicity column.

5. When checking the publicity content before the pre-sale permit, check whether the fixed contracted area (including the payment area), the setting of the model house and the contents of the publicity column of the fully renovated project meet the requirements. See the annex for the setting of the "signing area" and the requirements of the signing process of the commercial housing project sales site. POS terminals other than banks connected to the pre-sale fund supervision account of real estate enterprises shall not be set up; The POS terminal connected with the bank supervision account of the real estate enterprise must be used when collecting the supervision deposit and purchase money.

6. If there are still many letters and complaints after the online signing of the real estate project is suspended due to illegal (illegal) sales behavior, the strictest regulatory requirements shall be implemented for the subsequent application for pre-sale permit of the project as appropriate.

Four. The signing of the agreement (contract)

1. The deposit agreement and the commercial housing sales contract must be accompanied by a notice of purchase reminder.

2. In principle, the so-called "initial contract" other than deposit agreement or online signing contract shall not be signed. If an initial contract is signed, the initial contract and the online signing contract shall be consistent. If there is any inconsistency, the contents of the inconsistency shall be listed completely before the online signing contract is signed and confirmed by the buyer. If the written confirmation is not signed or the inconsistent contents are not completely listed, if there is a dispute, it shall be determined in favor of the buyer.

3. The undelivered commercial house shall not sign agreements with the buyer such as entrusted management, after-sale charter and after-sale leaseback. In the name of a real estate enterprise or a third party.

4. Except the saleable house, other parts (such as ground parking spaces and non-motor vehicle parking spaces) shall not sign an agreement with the buyer to collect fees in the form of sale, lease or gift. Some parts of the owner (such as stuffy roof, terrace, garden green space around the house on the first floor, etc.). ) It shall not be disposed of by real estate enterprises in the form of sale, lease, gift, etc., nor shall it be promised to be used by specific owners alone.

5. Parking spaces for children and women in the same group shall not be sold separately.

6. For the relevant clauses that have been clearly defined in the filing contract, inconsistent agreements shall not be made again by signing supplementary agreements.

Verb (abbreviation for verb) about checking out and canceling.

1. If both parties sign a down payment agreement for the pre-sale of commercial housing after the potential purchaser has made clear his intention to purchase the house, the developer shall show and interpret the notice of purchase reminder to the intended purchaser, then confirm it in writing and inform the unfavorable factors before signing the agreement. The real estate enterprise shall cancel the decision if the intended buyer fails to confirm the house purchase notice in writing, inform the unfavorable factors, record and video as required or sign in writing as required.

2. The funds in the supervision account can be used for the refund of intention money, deposit and house purchase money. If the intended purchaser requests to return the intended payment, the real estate enterprise shall unconditionally return it in full; The refund of the purchase price, down payment and intention payment shall generally be completed within 30 days after the two parties reach an agreement, and shall be specified in the contract and agreement (including supplementary agreement or mediation).

3. When paying the down payment, down payment and house purchase price, it is strictly forbidden to transfer the down payment and house purchase price to individuals or brokerage institutions through Alipay or WeChat, and the money must be paid to the special account of real estate enterprises. If the buyer needs to swipe the card on his behalf because he doesn't have a bank card, he must sign a written power of attorney, and the trustee must be an employee of the real estate enterprise, and transfer the money to the special account of the real estate enterprise on the spot, and the real estate enterprise will issue a receipt voucher on the spot.

4. The deposit and purchase price collected must be issued with official bills and stamped with the official seal or special financial seal of the real estate enterprise.

5. Before signing the deposit agreement, it is necessary to check or verbally ask the ordering party whether there is a credit problem, and specify the terms for handling the withdrawal caused by the credit problem in the deposit agreement. Before the online signing contract is put on record, all members of the buyer must provide credit reference certificates, and the real estate enterprise should check and save the credit reference certificates of all members of the buyer. Real estate enterprises may not sign commercial housing sales contracts with members of the purchaser whose credit standing does not meet the requirements. If the real estate enterprise fails to check the credit information of all the members of the buyer before the signing of the commercial housing sales contract, resulting in the inability to continue to perform the commercial housing sales contract, it shall handle the contract filing and cancellation procedures with the effective legal documents.

6. It is forbidden for real estate enterprises to provide pledge guarantee for all kinds of arrears in the form of online sales of commercial houses. In this case, if the commercial housing sales contract cannot be continued, the contract filing and cancellation procedures shall be handled with the effective legal documents.

Six, about the loan to buy a house.

1. It is strictly forbidden to recommend or provide down payment loans to the buyer (including private lending institutions such as financial institutions and peer-to-peer lending), and it is strictly forbidden to make down payment in advance. Before paying the required down payment, the online signing of the contract shall not be handled for the record.

2 it is strictly forbidden to return to this sales or return to this sales in disguised form.

3. It is strictly forbidden to encourage or assist buyers to defraud loans by means of fake divorce or issuing false income certificates.

Seven, about the model house.

1. It is not recommended to set up model houses for commercial housing projects delivered by rough houses. If it is really necessary to set up, it should generally be set up in the pre-sale of residential houses; If it is really necessary to set it outside the pre-sale residential house, its structural form, apartment type and space size should be consistent with the pre-sale residential house to be delivered soon, and no space expansion is allowed, and a surveying and mapping company that meets the qualification conditions shall provide a surveying and mapping report of the model house, and clearly indicate the size of the furniture to be displayed; During the construction period, separate and closed entrances and exits should be set between the entity model house and the sales department or municipal roads to ensure traffic safety.

2. Pre-sale houses should be provided with fully decorated commercial housing model houses. Before applying for the first pre-sale permit, if the delivery model house has not been set up in the pre-sale house, the model house can be set up temporarily outside the pre-sale house, but the delivery model house should be set up in the pre-sale house within 4 months after receiving the first pre-sale permit or before applying for the second pre-sale permit; The model house outside the pre-sale residence must be built according to the actual area of the house, and its structural form, apartment type, space size and decoration standard are consistent with those delivered inside the pre-sale residence. It is forbidden to expand the space. Surveying and mapping companies that meet the qualification conditions must provide a survey report of model houses, and the size of the furniture displayed should be indicated. Real estate enterprises should organize design, construction, supervision and other units to accept the decoration construction drawings and related acceptance specifications and standards, and form an acceptance record; After the completion of the construction of the model house delivered by the pre-sale residence, the real estate enterprise shall organize the design, construction, supervision and other units to accept the decoration construction drawings and related acceptance specifications and standards, and form an acceptance record. Only after notarizing, confirming and informing all the buyers who have purchased the house, can the model house temporarily set up outside the pre-sale residential house be demolished. The retention time of pre-sale residential delivery model houses shall not be less than 6 months from the date of delivery of fully renovated commercial houses to consumers, or not less than 2 years from the date of completion and acceptance of construction projects. During the retention period, the delivered model house shall not be delivered to the buyer for use or used for other purposes than display. When the pre-sale house is delivered for sale, the delivery time agreed in the contract shall meet the retention time requirements of the model house.

3. Implement the notarization of the preservation evidence image of the model house and the notarization of the commitment letter of the model house.

Eight, about the full decoration of the house.

1. The commercial housing sales contract shall specify that the three brands, specifications, models, grades and prices of the main materials, facilities and equipment used for decoration are the same.

2. The construction drawings of all kinds of house decoration must be submitted to the County Housing Construction Bureau.

Nine, on the supervision of pre-sale funds

1. Before the project is completed and put on record, the real estate enterprise can apply to cancel the subsequent house purchase supervision, but the total amount of supervision should be 130%. If the accumulated income of the main supervision account (excluding the returned intentional payment, deposit and house purchase payment) reaches 130%, and the balance of the supervision account is not less than10 of the total amount to be supervised. The supervision bank shall submit the income and expenditure of funds and the balance of the month to the County People's Bank and the Housing Construction Bureau once a month.

2. Before the main structure of the house is capped, the fund supervision shall not be lifted. Where it is verified that the funds that should be put into the supervision account are not put into the supervision account, or it is verified that the supervision funds are not used according to the regulations, the strictest supervision requirements for pre-sale funds will be implemented for the project.

3. The amount and quantity of the refund or refund of the purchase price are not included in the amount of supervision funds.

4. The above matters shall be agreed in the pre-sale fund supervision agreement.

Ten, about the management of brokerage institutions

1. For the project entrusted to a brokerage agency for sale, it shall publicize the entrusted sales contract (agreement), the filing certificate of the entrusted brokerage agency, and the letter of commitment to entrust the sale of commercial housing, and report the above materials to the County Housing and Construction Bureau within 5 working days after the signing of the entrusted sales contract (agreement). The sales staff of the entrusted brokerage agency and the staff of the real estate enterprise shall not wear the same work clothes, and all personnel must wear work cards.

2. If a brokerage institution entrusts a third-party brokerage institution (individual) to establish a distribution channel, it must be responsible for the management of the distribution channel, and select legal and honest third-party distribution for cooperation. Potential buyers (buyers) who have disputes with third-party distribution must participate in mediation and cooperate with investigation and evidence collection. Brokerage agencies and third-party distribution agencies may not charge service fees, tea fees, accommodation fees, introduction fees, activity fees, group purchase fees, e-commerce fees, consulting fees and other non-price fees. In the name of providing services. Once found, it will be included in the credit evaluation of brokerage institutions and copied to the superior industry management department.

3. Where a brokerage agency is entrusted to facilitate the transaction of commercial housing, the name of the brokerage agency, the sales agent of the commercial housing and the information of third-party distribution (involving third-party distribution) shall be recorded in the deposit agreement and the commercial housing sales contract.

4. If the third-party distribution mode is adopted, the customer must be received by the sales staff of the real estate enterprise or the entrusted brokerage institution after arriving at the sales site, and truthfully inform the relevant information, including but not limited to the unfavorable factors of third-party distribution and possible false propaganda (such as surrounding facilities, location, traffic information, etc.). Third-party dealers shall not engage in marketing activities at the sales site.

5. Third-party delivery promises to pick up the car. If the customer is left unattended because he has not bought a house, the real estate enterprise shall be responsible for the resettlement or provide the return fee.

XI. About project delivery.

1. Before the house is handed over, the confirmation letter of completion planning verification, completion record certificate, residential instruction manual, residential warranty, various charging standards and basis, preliminary property record contract, contact list and telephone number of real estate enterprises, construction units and property service enterprises during the warranty period shall be publicized in a prominent position, so that the information is true and the personnel are in place. When handling the delivery procedures of commercial residential projects, in addition to providing the buyer with the residential instruction manual and residential warranty, it is also necessary to provide the household acceptance certificate of the purchased house.

2. After meeting the delivery conditions agreed in the contract, the real estate enterprise shall notify the buyer in writing to handle the delivery procedures. Before the buyer inspects the house, the real estate enterprise shall not charge any fees other than the special maintenance funds of the property, and make it clear in the contract. If the contract is unclear, the buyer has the right to refuse to pay before the house is accepted.

3. The real estate enterprise and the buyer shall sign in writing to confirm the construction quality problems found by the buyer in the house inspection (except the defects that meet the quality acceptance standards); After the problems found in the house inspection are rectified, the real estate enterprise shall notify the buyer in writing again to inspect the house until all the problems to be rectified are rectified. If the house purchased by the buyer needs to be rectified due to construction quality problems (except defects meeting quality acceptance standards), the real estate enterprise shall bear the liability for breach of contract and the property service fee incurred during the delay, and the real estate enterprise may claim compensation from the construction unit.

4. It is strictly forbidden to force the buyer to entrust a real estate enterprise or an intermediary agency designated by the real estate enterprise to handle the real estate ownership certificate on his behalf. If the buyer voluntarily entrusts, an entrustment agreement shall be signed; If the buyer applies for the certificate by himself, the real estate enterprise shall cooperate.

This opinion will be implemented on February 1 day, 2020. All real estate enterprises and brokerage institutions should carry out rectification within 30 days according to this opinion. In the next step, the county housing and construction bureau will check the implementation of rectification of various projects with relevant departments, and those that are not implemented as required will be dealt with seriously. At the same time, all relevant functional departments should intensify daily law enforcement inspections and severely punish those who violate laws and regulations; All towns (streets) should strengthen the inspection of real estate projects within their respective administrative areas, mediate all kinds of contradictions and disputes in time, and create an open, just, fair and orderly market environment for the real estate market in our county.

Attachment: The setting of "contracted area" at the sales site of commercial housing project and the requirements of the contract signing process.

Haiyan county housing and urban construction bureau Haiyan county natural resource he planning bureau

Haiyan county market supervision bureau China people's bank Haiyan county branch

65438+20201October 30th

Attachment:

The setting of "signing area" at the sales site of commercial housing project and the requirements of signing process

1. Scope of application. The sales website of all real estate projects for sale in this county. Items that have not been pre-sold, not set, not pre-sold; If the pre-sale items are not set, the online signing will be suspended.

2. Set standards. Should be relatively independent of other regions and have the function of signing contracts independently. The exclusive area must be equipped with a digital high-definition camera to provide audio and cover the whole signing area, including the entrance and exit.

3. use. Used to explain the signing instructions, sign deposit agreements, sign contracts and pay fees. Because it involves the information of both parties, people who have nothing to do with both parties are not allowed to enter at the same time.

4. Layout requirements. In addition to all-round monitoring equipment, in the signing area, according to the requirements of the Notice on Further Standardizing the Information Publicity of Commercial Housing Sales Site (Yan Zhu Jian [2065438+09] No.69), the publicity contents should be made into publicity books and introduced to the signing units one by one. At the same time, the POS terminal of real estate enterprises should be arranged in the signing room or a relatively independent area with monitoring equipment, and the whole payment process should be recorded.

5. Signature process. It mainly consists of five parts. First of all, the salesperson shows his identity (name, job number, company name, etc.). ) and ask the buyer (orderer) whether he agrees to record and video the signing process. If he doesn't agree, he needs to sign in writing for confirmation; The second is the introduction of information about buying a house (such as whether the contracted house is mortgaged; The house number, total number of floors, apartment type, floor height, construction area, filing price, unit price, preferential method, total transaction price, payment method, whether it is necessary to pay other expenses except the purchase price, and the difference between the fully renovated house and the delivered model house. ); The third is to inform the project buyer (such as the environment in and around the community, unfavorable factors, whether to entrust sales, the name of the entrusted brokerage institution, the list of remaining saleable houses, planning permits, construction permits, pre-sale permits and other information that needs to be informed to the buyer. Ask buyers whether they are buying a house in salt, whether there are credit problems, whether there are other credit loans, marital status and other relevant information that needs to be told to real estate enterprises); Fourth, the two sides signed the "Notice of Purchase Prompt", deposit agreement or contract. When signing an online signing contract, you can print out the signed contract first, and then sign the online signing contract for the record after checking all the contract terms. The original signed contract will be destroyed on the spot. The fifth is to pay a deposit, purchase money, and issue formal bills. The paper materials involved in the above process are kept in photo format at the same time, and the whole process is recorded on CD-ROM, which will be handed over to the urban construction archives after the project is delivered.

6. Other matters. The external requirements of the signing area clearly state that the signing process in the signing area will be recorded and videotaped; If the customer insists that there is no need for audio and video recording, the salesperson must sign all the contents involved in the above signing process in writing.