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Strengthen the management of the real estate brokerage industry, with two departments issuing documents

Time：2023-05-10 10:31

Strengthen the management of brokers from the owner, reasonably determine the fees for brokerage services, strictly implement clear pricing, and strengthen the protection of personal information... The Ministry of Housing and Urban-Rural Development and the State Administration for Market Regulation issued opinions on May 5, clarifying regulatory measures from ten aspects, strengthening the management of the real estate brokerage industry, and protecting the legitimate rights and interests of transaction parties.

The "Opinions on Regulating Real Estate Brokerage Services" jointly issued by the two departments recently made it clear that the management of the owner body should be strengthened. Strictly implement the filing system for brokerage institutions. Fully implement real-name registration of brokerage practitioners. The brokerage service content consists of basic services and extended services. Basic services are the package of essential services provided to facilitate a housing transaction, while extended services are additional services that can be provided separately.

With the development of the real estate market, the scale of real estate brokerage institutions and practitioners in China continues to expand, and the service content continues to expand. However, some real estate agencies have problems such as taking advantage of the source of housing customers to charge excessive fees, unspecified prices, bundled charges, and abuse of customers' personal information, which increases the burden on the parties to the transaction and infringes on their legitimate rights and interests.

The opinions adhere to the problem-oriented approach and highlight the protection of the legitimate rights and interests of the parties to the transaction. In terms of reasonably determining brokerage service charges, the Opinions point out that brokerage service fees are determined through negotiation between the parties to the transaction based on factors such as service content, service quality, and market supply and demand. Brokerage institutions should reasonably reduce the cost of housing sales and rental brokerage services. Guidance is shared by both parties to the transaction for brokerage service fees.

In terms of strictly implementing clear pricing, the opinion is clear that brokerage institutions must not mix marked prices and bundled charges. Before collecting fees, a list of fees shall be issued to the parties to the transaction, specifying the standard of fees and the amount of fees, and the parties shall sign and confirm.

The opinion is clear, and it is strictly forbidden to manipulate brokerage service fees. Brokerage institutions shall not abuse their dominant market position to charge brokerage services fees at unfairly high prices. Real estate internet platforms must not interfere with brokerage institutions' independent determination of fee standards.

The opinions propose that to standardize the signing of transaction contracts, brokerage institutions that facilitate housing transactions should handle the online signing and filing of housing sales and lease contracts. Strengthen the protection of personal information, brokerage institutions and practitioners must not illegally collect, use, process, or transmit other people's personal information, and must not illegally trade, provide, or disclose other people's personal information.

At the same time, the opinions emphasize that it is necessary to improve the level of management services and establish and improve the housing transaction management service platform. Standardize real estate brokerage services as an important part of the rectification of real estate market order, and expose typical cases. Where brokerage institutions and practitioners have irregular fees, infringement of the lawful rights and interests of customers' personal information, etc., industry organizations are to give self-disciplinary sanctions.

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