First, the real estate intermediary industry problems
In recent years, the real estate agency industry has made great progress, getting closer to consumers' lives, and people's expectations and requirements for real estate agencies are getting higher and higher. However, the problem of good faith has not been well solved, and it happens from time to time in many trading occasions, such as "refusing the intermediary" and "not talking about the intermediary". There are also many problems in the process of providing services, which have caused many consumer disputes. There are two main reasons for this problem.
(1) The market entry threshold is low, and the institutions and personnel engaged in this business are confused. The entry threshold of intermediary industry is low, which is mainly manifested in the low requirements for registered capital, imperfect qualification management and less restrictions on business premises and employees; Some information service agencies, domestic service departments and even some property management companies are also engaged in real estate intermediary business beyond the scope; In addition, unlicensed operation and unqualified operation have been repeatedly prohibited. Originally, according to the relevant national policies and market requirements, there are high standards and requirements for the quality of real estate intermediaries and real estate brokers. However, in fact, many intermediary enterprises and employees have some phenomena, such as low policy level, lack of proper business knowledge and legal common sense, failure to operate according to the policy, excessive charges and arbitrary charges, which have seriously affected the service level and overall image of the intermediary industry.
(2) Real estate agents often operate in the dark, and the trust of enterprises is not high, so it is difficult for ordinary people to trust real estate agents. Some informal companies, in order to achieve the purpose of profit, set up various traps and maliciously defraud consumers, which not only harmed the interests of consumers, but also triggered endless trading disputes, making the real estate intermediary industry one of the industries with the most media exposure. Most of its fraudulent means are as follows:
1, "karate" Some real estate agents, in the form of affiliation, do not declare and have no strength. They just put some tables and stools and put out some advertisements. There is no system at all. They profit from guerrilla warfare and procrastination.
2. Smith. Its advertisements in the media are all good houses with superior geographical location and low price. According to industry sources, roughly less than 50% of the information is true, and the rest are fabricated at will to attract customers with false information as bait.
3. word games. To stipulate unfair and unreasonable terms in the form of standard contracts. Real estate intermediary companies provide consumers with obviously unequal contract terms in the form of standard contracts, and make unreasonable and unfair provisions. In some contracts, the main clauses evade laws and regulations, and some clauses related to the interests of buyers or renters are deliberately vague or evasive, so that if something goes wrong, the responsibility can be pushed clean.
4. Use "house support". Create the illusion of tight or tight housing, induce consumers to rush to trade, and trick consumers into falling for it. There are usually two kinds of deception, one is to let employees dress up as salesmen, homeowners and so on. And when the customer comes to the door, it will stage a double spring; The second is that employees pretend to be homeowners and seek housing, or use non-existent fake housing to trade with housing seekers, and finally achieve the purpose of defrauding information fees.
5. Using false information to defraud agency fees. Some brokers or intermediary companies create false or untrue advertising information to induce consumers. These include fictional housing, concealing housing quality problems, shoddy and so on. Once the consumer pays the deposit or agency fee, he will shirk or ignore the consumer for various reasons. What's more, the salesman took the deposit and ran away. Some real estate brokerage companies collude with owners to trick buyers into taking the bait. Property buyers make up various reasons to make the transaction fail after paying commission or even deposit after seeing the house.
6. Earn an improper price difference. In this case, brokers or intermediary companies, under the condition of asymmetric information between buyers and sellers, use the means of "hiding from their families" to lower the selling price and raise the buying price, thus concealing the actual selling price of customers and obtaining the difference income.
7. Evade state taxes. Real estate agencies deliberately induce consumers to sign housing sales contracts at a price lower than the actual transaction price, and facilitate transactions by evading state taxes.
8, do not honor the promise. In order to improve the transaction rate, brokers or intermediary companies make verbal promises at will, such as ensuring the return on investment, solving mortgage loans, evading income tax, etc. But when the promise was not fulfilled, it was pushed back.
9. No charge voucher is provided. Some real estate agents or intermediary companies only give receipts, not invoices, in order to avoid relevant state taxes.
Second, the causes of problems in the real estate intermediary industry
The above-mentioned behaviors of real estate agents disturb the normal order of the real estate trading market, dampen consumers' positive consumption psychology, and harm the interests of both real estate developers and buyers, which will have a series of adverse effects on stimulating consumption, stimulating domestic demand and promoting national economic growth. I think the main reasons for the above problems are:
(A) China's laws and regulations in the field of real estate intermediary services are relatively backward, and the specific provisions on the civil liability of intermediaries are too few or too general. The standard is difficult to define, the leading force is unknown, the clear guidance is unknown, the legal responsibility is unknown, and the industry explanation is unclear. For example, some local laws and regulations stipulate that the establishment of intermediary enterprises must be registered with the industrial and commercial bureau by the founder with the practice registration certificate of the local industry authorities. However, due to the strict management of practice registration, some founders go to the industrial and commercial bureau to get a license first, avoid practice registration, and then practice illegally. For these intermediary enterprises with only business licenses and no qualification certificates, there is no way to implement industry supervision-the industry authorities can't even figure out which companies are doing intermediary business, which will lead to the real estate intermediary market becoming an unregulated "gray zone".
(B) low quality and credibility of personnel. Because the real estate intermediary service industry has not risen for a long time, and the qualification certification system for employees is not standardized, most people who are rushing to work have no experience in related business activities. Although some of them have obtained practicing certificates, they often go astray in a low-demand institutional environment-excessive pursuit of commercial interests, lack of honesty, cheating in order to attract customers and so on.
(C) the real estate intermediary industry integrity concept is insufficient.
(D) Some consumers are not aware of the law, covet convenience and lack the ability to protect themselves.
(5) Consumer compromise. The cost of dispute resolution is too high, which makes consumers make too many compromises and makes the illegal cost of intermediary companies too low, thus contributing to the illegal behavior.
Third, promote the integrity, fairness and standardization of the real estate intermediary market.
In order to promote the healthy development of the real estate intermediary industry, make the interests of consumers and operators achieve a win-win situation, and thus promote the sustained and harmonious development of the whole real estate market, we believe that from the perspective of building a harmonious society and protecting consumers' rights and interests, we should promote the integrity, fairness and standardization of the real estate intermediary market from the following aspects:
(1) Vigorously promote the formulation and improvement of laws and regulations related to the real estate intermediary industry. The perfection of the legal system is the basis of the code of conduct. At present, China's real estate intermediary service legal system needs to be improved, especially the laws and high-level regulations are still quite scarce, the provisions are too general and lack of operability, and it is difficult to cover the adjustment of various legal relations. The existing two laws and regulations, Urban Real Estate Management Law and Urban Real Estate Intermediary Service Management Regulations, mainly stipulate the administrative responsibility of intermediaries after violating the rules, and the whole provision is too administrative. For real estate development enterprises or consumers, what they are most concerned about is not how to punish intermediaries through administrative or criminal means, but how to obtain compensation for losses and how to seek civil relief from the court. In other words, only civil compensation can heal economic trauma. However, China's current laws and regulations do not have too many provisions on the civil liability of real estate intermediary industry, so in the future legislation, we should strengthen and refine the relevant provisions on the civil rights and obligations and civil compensation of real estate intermediary institutions.
(two) to further strengthen industry supervision, strengthen the management of intermediary institutions, employees and intermediary activities, strictly implement the qualification certification system, and strengthen the standardized management of intermediary services. With the development of the real estate market, a large number of non-standard enterprises and non-standard market behaviors exist, which has caused serious obstacles to the development of the secondary and tertiary real estate markets. Therefore, I think we should further standardize and develop the real estate transaction market, change the current chaotic phenomenon of multi-head management and multi-head certification according to the Urban Real Estate Management Law, Chongqing Urban Real Estate Transaction Management Regulations and Urban Real Estate Intermediary Service Management Regulations, systematically formulate the implementation measures for market access, supervision and withdrawal in the field of real estate intermediary services, and improve the authority and seriousness of real estate administrative departments in managing the real estate intermediary market; It is necessary to further improve the qualification and qualification management system of intermediary enterprises and employees, support a group of intermediary enterprises with good reputation, standardized operation and strength in policy, taxation and technology through annual inspection and evaluation activities in the field of real estate intermediary, and improve the overall level of the whole real estate intermediary service industry through mergers, chains and franchising; Real estate administrative departments should make full use of online information means to record the basic information, business performance, violations, illegal misdeeds and penalties of real estate intermediary service institutions and related personnel in the credit files of enterprises and individuals, publicize them to the public and accept social supervision; It is necessary to implement the market ban system and increase the cost of illegal operations. For those who seriously violate laws and regulations, disrupt market order and harm consumers' interests, relevant intermediary enterprises and employees are prohibited from entering the market within a certain period of time or for life, depending on the seriousness of the case.
(C) the quality of employees, to all-round development. Where the real estate market is relatively mature, countries or regions have strict regulations on the assessment of intermediary practitioners. For example, the United States requires at least two years of real estate work experience and eight real estate-related subjects to qualify for a real estate broker license. It can be seen that the increasingly developed real estate market calls for high-quality talents, who must have higher academic qualifications, deeper professional knowledge, stronger business ability and higher reputation and moral standards. People with poor comprehensive quality will eventually be eliminated if they do not improve their self-ability during this period.
(four) to promote industry self-discipline, enhance the awareness of integrity, and build a fair trading environment. "People don't stand without faith, and countries don't stand without faith." Honesty is the source of life for an enterprise. Enterprise management depends on honesty, and enterprise development needs honesty. In the real estate intermediary industry, "honesty" has become the most discussed topic among consumers. However, the lack of integrity and irregular operation behavior of a few operators in real estate transactions have caused consumers to have serious distrust and even flinch from real estate intermediaries. This not only seriously damages the interests of consumers, but also is not conducive to the sales and circulation of real estate, and ultimately damages the interests of real estate agents and brokers themselves, which can be described as both losses. Because the real estate transaction itself is quite complicated, there is serious information asymmetry in the market, and the subject matter of the transaction itself is a high-value product, which may be a lifelong effort for consumers, so in this case, honesty is particularly important for both parties to the transaction. As an intermediary, in order to increase the trust of consumers, we should maximize the transparency of transactions, so that consumers' right to know can be effectively guaranteed, so as to conduct fair transactions. At the same time, strengthen the quality education of employees, improve their professional ethics and professional ability, shape a good professional image, improve the social credibility of the industry, learn from the advanced experience of the same industry abroad, formulate the code of conduct and operational norms of the real estate intermediary industry as soon as possible, and improve the management mechanism as soon as possible, so that the real estate intermediary industry can develop healthily in an honest and self-disciplined market environment.
(5) Strengthen legal education for consumers, enhance their legal awareness and improve their self-protection ability. In the real estate market, consumers are in a weak position due to the lack of professional knowledge and transaction information. Therefore, the legislators in our country have given oblique legal protection to this vulnerable consumer group in the legislative process. For various reasons, consumers themselves can't fully understand or understand the law and can't use legal weapons to safeguard their rights and interests. Of course, this also includes the question of whether consumers can rationally safeguard their rights, rationally consume and effectively abide by contracts. Our Consumer Council has always regarded the publicity of consumer law, consumer education and consumer guide as our important work, and achieved certain results over the years. Consumers' awareness of rights and self-protection ability in our city ranks among the top in the country. However, the legal education for consumers has a long way to go and needs the strong cooperation of all sectors of society. If every consumer can understand the law and its usage, it will promote the sound development of the whole social and economic environment and legal environment.
(VI) All parties in the market should make joint efforts to explore more economical, fast and effective dispute settlement methods. The Law on the Protection of Consumer Rights and Interests stipulates four ways to solve consumer disputes: negotiation and mediation are conducted on a voluntary basis and are not mandatory. The litigation procedure is complicated and the cost is too high. Although the arbitration procedure is simple, if there is no arbitration agreement in advance, the arbitration procedure cannot be started. These methods of dispute resolution are either not mandatory or the cost is too high, which makes consumers have to make too many compromises under the balance. To a certain extent, this compromise encourages the illegal behavior of intermediaries, which is not conducive to the healthy development of the whole industry and even the whole economic environment. Therefore, it is of great significance to explore an economical, fast and effective way to solve disputes for alleviating social contradictions, promoting harmonious economic development and building a harmonious society.
At present, the standardization and improvement of the real estate intermediary market requires the active efforts of all parties in the market (including operators, consumers, government departments, mass organizations, etc.). ), scientifically analyze consumer disputes and their causes, face up to contradictions more actively, resolve contradictions, comprehensively use various means, minimize disharmony factors, and constantly promote the harmonious development of real estate intermediary industry and the whole society.
Reflections on the Honesty of Real Estate Intermediary Industry
abstract
First, the real estate intermediary industry problems
In recent years, the real estate agency industry has made great progress, getting closer to consumers' lives, and people's expectations and requirements for real estate agencies are getting higher and higher. However, the problem of good faith has not been well solved, and it happens from time to time in many trading occasions, such as "refusing the intermediary" and "not talking about the intermediary". There are also many problems in the process of providing services, which have caused many consumer disputes. There are two main reasons for this problem. First, the threshold for entering the market is low, and employees and personnel are confused. Second, real estate intermediaries operate frequently in black boxes, and the trust of enterprises is not high. It is difficult for ordinary people to trust real estate agencies. Most of its fraud methods are as follows: "karate", "Smith", word games, and the use of "house support". , using false information to defraud agency fees, earning improper price difference, evading state taxes, failing to honor promises and providing charging vouchers.
Second, the causes of problems in the real estate intermediary industry
The above-mentioned behaviors of real estate agents disturb the normal order of the real estate trading market, dampen consumers' positive consumption psychology, and harm the interests of both real estate developers and buyers, which will have a series of adverse effects on stimulating consumption, stimulating domestic demand and promoting national economic growth. I think the main reasons for the above problems are:
(A) China's laws and regulations in the field of real estate intermediary services are relatively backward, and the specific provisions on civil liability of intermediaries are too few or too general. The standard is difficult to define, the leading power is unclear, the clear guidance is unclear, the legal responsibility is unclear, and the industry explanation is unclear, which leads to the unsupervised "gray zone" of the real estate intermediary market.
(B) low quality and credibility of personnel. The qualification certification system for employees is still not standardized. Most people who rush to work have no relevant business experience, pursue commercial interests excessively, do not stress honesty, and cheat in order to win over customers.
(C) the real estate intermediary industry integrity concept is insufficient.
(D) Some consumers are not aware of the law, covet convenience and lack the ability to protect themselves.
(5) Consumer compromise. The high cost of dispute resolution makes consumers make too many compromises, which encourages the emergence of illegal behaviors.
Third, promote the integrity, fairness and standardization of the real estate intermediary market.
From the perspective of building a harmonious society and protecting consumers' rights and interests, we should promote the integrity, fairness and standardization of the real estate intermediary market from the following aspects:
(1) Vigorously promote the formulation and improvement of laws and regulations related to the real estate intermediary industry. China's current laws and regulations do not have too many provisions on the civil liability of real estate intermediary industry, so in the future legislation, we should strengthen and refine the civil rights and obligations of real estate intermediary institutions and the relevant provisions on civil compensation.
(two) to further strengthen industry supervision, strengthen the management of intermediary institutions, employees and intermediary activities, strictly implement the qualification certification system, and strengthen the standardized management of intermediary services. I think we should further standardize and develop the real estate trading market, change the current chaotic phenomenon of multi-head management and multi-head certification, systematically formulate the implementation measures for market access, supervision and withdrawal in the field of real estate intermediary services, further improve the qualification and qualification management system of intermediary enterprises and employees, and give a group of intermediary enterprises with good reputation, standardized operation and strength support in terms of policies, taxation and technology through mergers, chains and franchises.
(C) the quality of employees, to all-round development. The growing real estate market calls for high-quality talents, who must have high academic qualifications, deep professional knowledge, strong business ability and high reputation and moral standards.
(four) to promote industry self-discipline, enhance the awareness of integrity, and build a fair trading environment. As an intermediary, in order to increase the trust of consumers, we should maximize the transparency of transactions, so that consumers' right to know can be effectively guaranteed, so as to conduct fair transactions. At the same time, we should also strengthen the quality education of employees, improve their professional ethics and professional ability, formulate the code of conduct and operational norms of the real estate intermediary industry as soon as possible, and improve the management mechanism, so that the real estate intermediary industry can develop healthily in the honest and self-disciplined market environment.
(5) Strengthen legal education for consumers, enhance their legal awareness and improve their self-protection ability.
(VI) All parties in the market should make joint efforts to explore more economical, fast and effective dispute settlement methods. Exploring an economical, fast and effective way to solve disputes is of great significance for alleviating social contradictions, promoting harmonious economic development and building a harmonious society.
Reflections on the Honesty of Real Estate Intermediary Industry
policy advice
We should promote the integrity, fairness and standardization of the real estate intermediary market from the following aspects: First, vigorously promote the formulation and improvement of relevant laws and regulations of the real estate intermediary industry, and strengthen and refine the relevant provisions on civil rights and obligations and civil compensation of real estate intermediaries. The second is to further strengthen industry supervision, strengthen the management of intermediary institutions, employees and intermediary activities, strictly implement the qualification certification system, and strengthen the standardized management of intermediary services. Third, in terms of the quality of employees, it is developing towards integration. The fourth is to promote industry self-discipline, enhance the sense of honesty and build a fair trading environment. Fifth, strengthen legal education for consumers, enhance legal awareness and improve self-protection ability. Sixth, all parties in the market, Qi Xin, should work together to explore a more economical, fast and effective way to resolve disputes.