Beijing Will Strictly Prohibit The Direct Sale Of Commercial Housing By The Real Estate Agent.

Commercial housing pre-sale funds refer to the deposit, the first payment, the purchase loan and other forms of house purchase paid by the buyers according to the pre-sale contract of the commercial housing.

The implementation of this method is an important measure to ensure that the rights and interests of buyers are not infringed.

The supervision and management of the commercial housing pre-sale funds will follow the principles of government guidance, banking supervision, multi-party supervision and earmarking.

According to the introduction, there is information asymmetry in the pre-sale process of commercial housing. Because of the lack of understanding of the real estate project construction, management and engineering progress, the situation that the development enterprise misappropriated the pre-sale fund resulted in the uncompleted project and the project delay has seriously damaged the legitimate rights and interests of the buyers and the related parties.

The "measures" require that all pre-sale funds for commercial housing should be deposited in the exclusive supervision account for the pre-sale of commercial housing, and that the regulatory banks should focus their supervision on the funds for project construction.

The "measures" stipulates that the real estate development enterprise should establish a special account in the regulatory bank and sign a pre sale fund supervision agreement with the regulatory bank in accordance with the principle of an account corresponding to a pre sale license.

The pre-sale capital of commercial housing should be deposited in the exclusive account for the pre-sale of commercial housing, and the funds for the project construction should be mainly supervised, so as to ensure that the pre-sale funds are given priority to the construction of the project.

The "measures" clearly stated that when the commercial housing is pre-sale, the buyers should deposit the purchase money directly into the special account.

Real estate development enterprises shall not directly deposit the pre-sale funds for commercial housing.

The departments in charge of housing and urban and rural construction in districts and counties shall supervise the entry of commercial housing pre-sale funds into special accounts, and conduct on-site verification of the progress of projects.

The "measures" require that the real estate development enterprises make plans for the pre-sale projects according to the project construction plan and construction progress.

The funds should be set up according to the following four links: underground structure completion, structural capping, completion and acceptance, completion of initial registration, and the condition that the purchaser can unilaterally handle the registration of pfer.

The measures also highlighted the legal responsibilities of all parties concerned.

For the illegal activities of real estate development enterprises, resulting in the closure of works, the serious quality problems of pre-sale projects, and the untimely delivery of pre-sale projects, the departments in charge of housing and urban and rural construction in districts and counties should inform the banks in writing to suspend the sale of all commercial housing pre-sale funds in special accounts.

If a real estate development enterprise fails to use the pre-sale funds for commercial housing in accordance with the provisions of the measures, and in the disguised form of evading the supervision of the pre-sale of commercial housing in the name of other funds, the relevant departments will order correction within a time limit, and suspend the pre-sale of the commercial housing of all the development projects of the real estate development enterprise, and publicize the illegal activities and record it into the enterprise credit information system.