What responsibility should Zhongyuan Real Estate bear for collecting agency fees?

First, the intermediary signed a real estate intermediary contract with the buyer and the seller to form a contractual relationship with them. In addition, the intermediary collects the intermediary fee, so it has the responsibility and obligation to perform the contract and review the qualification procedures of the buyer and the seller. At the same time, as the main body of the company, the intermediary company should also bear corresponding legal responsibilities.

2. The Measures for the Administration of Real Estate Agents have been deliberated and adopted at the 65th executive meeting of the Ministry of Housing and Urban-Rural Development on 20 10/27, and approved by the National Development and Reform Commission and Ministry of Human Resources and Social Security, and are hereby promulgated, and shall come into force on 20 10/27.

Three. The full text of this method is as follows:

Measures for the administration of real estate agents

Chapter I General Principles

Article 1 In order to regulate the real estate brokerage activities, protect the legitimate rights and interests of the parties involved in real estate transactions and brokerage activities, and promote the healthy development of the real estate market, these Measures are formulated in accordance with the People's Republic of China (PRC) Urban Real Estate Management Law, the People's Republic of China (PRC) Contract Law and other laws and regulations.

Article 2 Those who engage in real estate brokerage activities within the territory of People's Republic of China (PRC) shall abide by these Measures.

Article 3 The term "real estate broker" as mentioned in these Measures refers to the act of real estate brokerage institutions and real estate brokers providing real estate intermediary and agency services to customers and collecting commissions for facilitating real estate transactions.

Article 4 To engage in real estate brokerage activities, we should follow the principles of voluntariness, equality, fairness, honesty and credibility, abide by professional norms and abide by professional ethics.

Article 5 The competent departments of construction (real estate), price, human resources and social security of the people's governments at or above the county level shall be responsible for the supervision and management of real estate brokerage activities in accordance with the division of responsibilities.

Article 6 Real estate brokerage industry organizations shall implement self-discipline management in accordance with their articles of association, reflect opinions and suggestions on industry development to relevant departments, and promote the development of real estate brokerage industry and the improvement of personnel quality.

Chapter II Real Estate Brokerage Institutions and Personnel

Article 7 The term "real estate brokerage institution" as mentioned in these Measures refers to an intermediary service institution established according to law and engaged in real estate brokerage activities.

Real estate brokerage agencies can set up branches.

Eighth the establishment of real estate brokerage institutions and branches, there should be a sufficient number of real estate brokers.

The term "real estate broker" as mentioned in these Measures refers to real estate brokers and real estate broker assistants engaged in real estate brokerage activities.

Real estate brokerage institutions and their branches and the real estate brokers they employ shall sign labor contracts in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

Article 9 The State implements the professional qualification system for real estate brokers, which is incorporated into the unified planning and management of the national professional and technical personnel professional qualification system.

Tenth national unified outline, unified proposition, unified organization of the real estate agent examination system by the the State Council housing and urban and rural construction, human resources and social security departments to organize the implementation, in principle, held once a year.

Assistant managers of real estate brokers implement the national unified outline, and the competent departments of construction (real estate) and human resources and social security of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government propose and organize the examination system, and the number of examinations each year is determined according to the needs of industry development.

Eleventh real estate brokerage institutions and their branches shall, within 30 days from the date of obtaining the business license, go to the competent department of construction (real estate) of the people's government of the municipality directly under the central government for the record.

Article 12 The competent department of construction (real estate) of the people's government of a municipality directly under the central government, a city or a county shall publicize the record information such as the name, domicile, legal representative (managing partner) or person in charge, registered capital and real estate broker of the real estate brokerage institution and its branches to the public.

Thirteenth real estate brokerage institutions and their branches are changed or terminated, it shall, within 30 days from the date of change or termination, go through the formalities of change or cancellation.

Chapter III Real Estate Brokerage Activities

Fourteenth real estate brokerage business is undertaken by real estate brokerage institutions, and the service remuneration is collected by real estate brokerage institutions. A branch shall undertake business in the name of the real estate brokerage institution that established the branch.

A real estate agent may not undertake real estate brokerage business in the name of an individual and collect fees.

Fifteenth real estate brokerage institutions and their branches shall publicize the following contents in a prominent position in their business premises:

(1) Business license and filing documents;

(2) Service items, contents and standards;

(3) business process;

(4) charging items, basis and standards;

(five) the supervision mode of trading funds;

(6) Credit file inquiry method, complaint telephone number and 12358 price report telephone number;

(7) Model texts of real estate brokerage service contracts, housing sales contracts and housing lease contracts formulated by government departments or industry organizations;

(eight) other matters stipulated by laws, regulations and rules.

The branch shall also publicize the business address and contact information of the real estate brokerage institution that set up the branch.

Where a real estate brokerage agency sells commercial housing projects as an agent, it shall also express the power of attorney for the sale of commercial housing and the relevant supporting documents for approving the sale of commercial housing at the sales site.

Article 16 If a real estate brokerage institution accepts the entrustment to provide real estate information, inspect houses on the spot and provide the same real estate brokerage service, it shall sign a written real estate brokerage service contract with the client.

A real estate brokerage service contract shall include the following contents:

(a) the name (title), domicile and real estate brokers engaged in real estate brokerage services;

(2) Items, contents, requirements and completion standards of real estate brokerage services;

(3) Service fees and payment methods;

(four) the rights and obligations of both parties to the contract;

(5) Liability for breach of contract and dispute settlement methods.

The competent department of construction (real estate) or the real estate brokerage industry organization may formulate a model text of the real estate brokerage service contract for the parties to choose.

Seventeenth real estate brokerage institutions to provide loans, real estate registration and other services, should explain the service content, charging standards and other information to the client, after the consent of the client, a separate contract.

Eighteenth real estate brokerage services to implement a clear price system. Real estate brokerage institutions shall abide by the price laws, regulations and rules, and indicate the real estate brokerage service items, service contents, charging standards and related real estate prices and information in a prominent position in the business premises.

Real estate brokerage agencies shall not charge any unspecified fees; Shall not use false or misleading pricing content and pricing methods for price fraud; If a service can be broken down into multiple items and standards, the price of each item and standard shall be clearly marked, and the price shall not be mixed or bundled.

Nineteenth real estate brokerage agencies have not completed the matters agreed in the real estate brokerage service contract, or the services have not reached the standards agreed in the real estate brokerage service contract, and shall not charge commissions.

If two or more real estate brokerage agencies cooperate to carry out the same real estate brokerage business, they can only charge commissions according to one business, and may not increase fees to the clients.

Twentieth real estate brokerage service contracts signed by real estate brokers should be stamped with the seal of real estate brokers, and signed by one real estate broker or two real estate brokers engaged in this business.

Twenty-first before signing a real estate brokerage service contract, the real estate brokerage institution shall explain the relevant contents of the real estate brokerage service contract, the house sale contract or the house lease contract to the client, and inform the following matters in writing:

(a) whether it has an interest in the entrusted house;

(two) matters that should be assisted by the client and the information provided;

(3) The market reference price of the entrusted house;

(four) the general procedures and possible risks of housing transactions;

(five) taxes and fees involved in housing transactions;

(6) The contents and completion standards of brokerage services;

(seven) brokerage service fees and payment time;

(eight) other matters that need to be informed.

If a real estate brokerage institution provides services other than real estate brokerage services according to the needs of the parties to the transaction, it shall obtain the written consent of the parties in advance and inform them of the service contents and charging standards. The written notice materials shall be signed (sealed) by the client for confirmation.

Article 22 When a real estate brokerage agency signs a house sale or lease brokerage service contract with a client, it shall examine the house entrusted for sale or lease, the certificate of ownership of the house, the client's identity certificate and other related materials, and prepare a statement of the house condition. With the written consent of the client, the corresponding housing information can be released to the society.

When a real estate brokerage institution signs a contract for the sale of housing brokerage services with the client, it shall examine the client's identity certificate and other relevant materials.

Article 23 When signing a real estate brokerage service contract with a real estate brokerage institution, the client shall provide the real and valid identity certificate to the real estate brokerage institution. Commissioned to sell or rent a house, it should also provide a real and effective certificate of ownership of the house to the real estate agency. If the client fails to provide the required information or the information provided is inconsistent with the actual situation, the real estate brokerage institution shall refuse to accept the entrustment.

Article 24 If the parties to a real estate transaction agree that the real estate brokerage agency shall collect and pay the transaction funds on behalf of them, they shall transfer the transaction funds through the special deposit account for customer transaction settlement funds opened by the real estate brokerage agency in the bank.

The transfer of transaction funds shall be signed and sealed by the payer of real estate transaction funds and the real estate brokerage institution.

Twenty-fifth real estate brokerage institutions and real estate brokers shall not have the following acts:

(a) fabricating and spreading information about price increases, or colluding with real estate development and business units to speculate on the number of houses and manipulate market prices;

(two) to conceal the real information of the house transaction from the parties to the transaction, and sell (rent) the house at a low price to earn the difference;

(3) soliciting business by concealment, fraud, coercion, bribery and other improper means, tricking consumers into trading or forcing them to trade;

(4) divulging or improperly using the personal information or business secrets of customers to seek illegitimate interests;

(five) in order to facilitate the parties to the transaction to avoid illegal purposes such as housing transaction taxes and fees, sign contracts with different transaction prices for the same house;

(six) to change the internal structure of the house and rent it out separately;

(seven) embezzlement and misappropriation of real estate transaction funds;

(eight) to buy and lease their own brokerage services;

(nine) to provide brokerage services for affordable housing and houses that do not meet the trading conditions;

(ten) other acts prohibited by laws and regulations.

Twenty-sixth real estate brokerage institutions should establish a business record system, truthfully record the business situation.

Real estate brokerage institutions shall keep real estate brokerage service contracts for a period of not less than 5 years.

Twenty-seventh real estate brokerage industry organizations should formulate the rules of real estate brokerage practice, and gradually establish and improve the credit evaluation system and the real estate brokerage housing and customer information sharing system.

Chapter IV Supervision and Administration

Article 28 The competent department of construction (real estate) and the competent department of price shall supervise the real estate brokerage institutions and real estate brokers through on-site inspection, contract spot check, complaint acceptance, interviews, credit records, media exposure and other measures.

Real estate brokerage institutions that violate human resources and social security laws and regulations shall be investigated and dealt with by the competent departments of human resources and social security according to law.

The inspected real estate brokerage institutions and real estate brokers shall cooperate with each other and provide the information required for inspection as required.

Twenty-ninth construction (real estate) departments, price departments, human resources and social security departments shall establish a real estate brokerage institution and real estate broker information sharing system. The competent department of construction (real estate) shall regularly inform the competent departments of price, human resources and social security at the same level about the filing of real estate brokerage institutions.

Thirtieth municipalities directly under the central government, city and county people's government departments in charge of construction (real estate) should build a unified online management and service platform for real estate brokers, and provide the following services for real estate brokerage institutions for the record:

(a) the real estate brokerage agency filing information publicity;

(two) real estate transactions and registration information query;

(3) Real estate transaction contract is signed online;

(4) Publicity of credit files of real estate agents;

(five) other matters stipulated by laws, regulations and rules.

Registered real estate agencies can obtain online signing qualifications.

Thirty-first people's governments at or above the county level construction (real estate) departments should establish real estate brokerage credit files, and to the public.

The competent department of construction (real estate) of the people's government at or above the county level shall record the illegal acts of real estate brokerage institutions and real estate brokers found in daily supervision and inspection, as well as the verified complaints and reports as bad credit records in their credit files.

Thirty-second real estate brokerage institutions and real estate brokers shall provide true and complete credit file information in accordance with the provisions.

Chapter V Legal Liability

Thirty-third in violation of these measures, one of the following acts, by the local people's governments at or above the county level construction (real estate) departments shall be ordered to make corrections within a time limit, credited to the credit file; Impose a fine of 6,543,800 yuan on the real estate agent; A fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed on the real estate brokerage institution:

(1) Real estate agents undertake real estate brokerage business in their own names and collect fees;

(two) the real estate brokerage agency provides other services such as agency loans and agency real estate registration, and fails to explain the service contents and charging standards to the client without the consent of the client;

(three) the real estate brokerage service contract is not signed by a real estate broker or two real estate brokers engaged in this business;

(four) before the real estate brokerage agency signed the real estate brokerage service contract, it did not make a written explanation and inform the parties to the transaction about the agreed matters;

(five) the real estate brokerage institution fails to truthfully record the business situation or keep the real estate brokerage service contract in accordance with the provisions.

Article 34 In case of violation of Article 18 and Item (1) and Item (2) of Article 19 of these Measures, which constitutes an illegal price act, the competent price department of the people's government at or above the county level shall, in accordance with the provisions of the price laws, regulations and rules, order it to make corrections, confiscate its illegal income and impose a fine according to law; If the circumstances are serious, administrative penalties such as suspension of business for rectification shall be given according to law.

Article 35 If a real estate brokerage agency violates the provisions of Article 22 of these Measures and publishes housing information without authorization, the competent department of construction (real estate) of the local people's government at or above the county level shall order it to make corrections within a time limit, record it in the credit file, cancel the qualification of online signing, and impose a fine of 6,543,800 yuan to 30,000 yuan.

Article 36 If a real estate brokerage institution, in violation of the provisions of Article 24 of these Measures, transfers the settlement funds of clients' transactions without authorization, the competent department of construction (real estate) of the local people's government at or above the county level shall order it to make corrections within a time limit, cancel the qualification of online signing and impose a fine of 30,000 yuan.

Article 37 Anyone who violates the provisions of Item (3), (4), (5), (6), (7), (8), (9) and (10) of Article 25 shall be ordered by the local people's government at or above the county level to make corrections within a time limit. Impose a fine of 6,543,800 yuan on the real estate agent; For real estate intermediaries, the qualification for online signing will be cancelled and a fine of 30,000 yuan will be imposed.

Article 38 The staff members of the construction (real estate) departments, price departments, human resources and social security departments of the people's governments at or above the county level who neglect their duties, engage in malpractices for selfish ends or abuse their powers in the supervision and management of real estate brokerage shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Thirty-ninth localities can formulate detailed rules for implementation according to these measures.

Article 40 These Measures shall come into force as of April 20 1 and 1 year.