What Does a Real Estate Agent Do?

A real estate agent refers to a professional who has passed the national real estate agent qualification examination or mutual recognition, obtained the real estate agent qualification in accordance with law, and is registered to engage in real estate brokerage activities.

Real estate broker

(Professionals engaged in real estate agency activities)

Provisional Regulations on Professional Qualifications for Real Estate Brokers

Ministry of Human Resources and Social Security, Ministry of Housing and Urban-Rural Development, Ministry of Human Resources and Social Affairs [2015] No. 47

Chapter I General Provisions

Article 1 In order to strengthen the construction of the professional team of real estate agents, improve the quality of real estate agent professionals, and standardize the order of real estate agent activities, in accordance with the "People's Republic of China Urban Real Estate Management Law", the "State Council Institutional Reform and Function Transformation Program" and the National Vocational Qualification Certificate Relevant regulations of the system, formulated these regulations.

Article 2. These regulations apply to professionals engaged in real estate brokerage activities such as stock houses, newly built commercial houses, and agencies in order to facilitate fair real estate transactions in real estate transactions.

Article 3 The state establishes a professional qualification system for the evaluation of the level of real estate brokerage professionals. It provides assessment services for the ability of real estate brokerage professionals to the entire society and is included in the unified planning of the national professional and technical personnel qualification certificate system.

Article 4 The professional qualifications of real estate agent professionals are divided into three levels: real estate agent associate, real estate agent and senior real estate agent. The real estate agent's assistant and the real estate agent's professional qualifications are evaluated in a unified way. The specific measures for the evaluation of the professional qualifications of senior real estate agents are separately stipulated.

Real Estate Agent Professionals in English

Article 5 A person who has passed the real estate agent assistant and real estate agent vocational qualification examination and obtained the corresponding level of professional qualification certificate demonstrates that he has the professional ability and level to work in the corresponding level of professional positions in the real estate brokerage profession.

Article 6 The Ministry of Human Resources and Social Security and the Ministry of Housing and Urban-Rural Development are jointly responsible for the policy formulation of the professional qualification system for real estate brokerage professionals, and guide, supervise and inspect the implementation of the professional qualification system for real estate brokerage professionals according to the division of responsibilities. China Real Estate Appraisers and Realtors learn to undertake the evaluation and management of the professional qualifications of real estate agents.

Chapter II Examination

Article 7 The real estate agent's assistant manager and the professional qualifications of the real estate agent shall implement a national unified outline, unified propositions, and unified examination system. The examination is held once a year in principle.

Article 8 The Chinese Society of Real Estate Appraisers and Realtors is responsible for the management and implementation of the professional qualification evaluation of real estate agents, and organizes the establishment of an examination expert committee to study and formulate examination subjects, examination outlines, examination questions, and examination eligibility criteria.

Article 9 The Ministry of Human Resources and Social Security and the Ministry of Housing and Urban-Rural Development instruct the Chinese Real Estate Appraisers and Real Estate Agents Association to determine associate real estate agents, real estate agent professional qualification examination subjects, examination outlines, examination questions and examination eligibility criteria, and Supervising and inspecting the real estate agent's assistant and real estate agent's professional qualification examination.

Article 10 The basic requirements for applying for the professional qualification examination of real estate brokers:

(1) abiding by national laws, regulations and industry standards and norms;

(2) Adhere to the basic principles of integrity, fairness and justice;

(3) Abide by professional ethics.

Article 11 In addition to the basic requirements of Article 10 of these Regulations, those who apply to participate in the real estate agent's associate professional qualification examination must also have a technical secondary school or high school education or above.

Article 12 Persons applying for the professional qualification examination for real estate agents must meet one of the following conditions in addition to the basic conditions of Article 10 of these regulations:

(1) Having obtained the associate professional qualification certificate for real estate brokers through an examination, and engaged in real estate brokerage business for at least 6 years;

(2) Having obtained a college degree and working for 6 years, including 3 years in real estate brokerage business;

(3) Bachelor's degree, 4 years of work, including 2 years of real estate brokerage work;

(4) Graduated with a double bachelor's degree or graduate degree and has worked for 3 years, including 1 year in real estate brokerage business;

(5) Obtaining a master's degree (degree) and working for 2 years, including 1 year in real estate brokerage business;

(6) Obtain a doctoral degree (degree).

Article 13: Real estate agent associates and real estate agent professional qualification exams pass, issued by the China Real Estate Appraisers and Real Estate Agents Institute issued by the Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, China Real Estate Appraisers and Real Estate Agents learn to print The corresponding level of the "People's Republic of China Real Estate Broker Professional Qualification Certificate" (hereinafter referred to as the real estate broker professional qualification certificate). The certificate is valid nationwide.

Article 14 Anyone who obtains a qualification certificate for a real estate brokerage professional by improper means shall be dealt with in accordance with the regulations for handling violations of discipline and rules of the national professional and technical personnel qualification examination.

Chapter III Professional Ability

Article 15 Personnel who have obtained the qualification certificates for professionals in real estate brokers at the corresponding levels shall abide by national laws, regulations and relevant rules and regulations of the real estate brokerage industry, adhere to the principles of integrity, fairness, and impartiality, protect business secrets, protect the legitimate rights and interests of clients, Professional ethics.

Article 16 The professional ability of a person who has obtained the professional qualification certificate of a real estate agent:

(1) Understanding the laws, regulations and management regulations of the real estate brokerage industry;

(2) Basically grasp the real estate transaction process and have a certain ability to operate real estate transactions;

(3) independently complete the general work of the real estate brokerage business;

(4) Complete more complex real estate brokerage business under the guidance of real estate agents.

Article 17 The professional ability of a person who has obtained a professional qualification certificate for a real estate agent:

(1) Familiar with the laws, regulations and management regulations of the real estate brokerage industry;

(2) Familiar with the real estate transaction process, can complete more complex real estate brokerage work, and deal with the difficult problems of real estate brokerage business;

(3) using rich real estate brokerage practical experience, analyzing and judging the development trend of the real estate brokerage market, and developing innovative real estate brokerage businesses;

(4) Guiding real estate agents to assist and assist senior real estate agents in their work.

Article 18 Personnel who have obtained the qualification certificates for real estate brokerage professionals at the corresponding levels shall participate in continuing education in accordance with the relevant national professional technical personnel continuing education and real estate brokerage industry management regulations, continuously update their professional knowledge, and improve their professional quality and business capabilities.

Chapter IV Registration

Article 19 The registration service system shall be implemented for the qualification certificates of real estate brokerage professionals. The specific work of the registration service is the responsibility of the Chinese Society of Real Estate Appraisers and Realtors.

Article 20 The Chinese Real Estate Appraisers and Realtors Association will regularly announce the registration of the qualification certificates for real estate brokerage professionals to the society, establish the integrity files of the licensees, and provide employers with information on obtaining qualification certificates for real estate brokerage professionals. service.

Article 21 Personnel who have obtained the qualification certificate of a real estate professional shall consciously accept the management of the Chinese Society of Real Estate Appraisers and Real Estate Agents and the supervision of the public. If they violate relevant laws, regulations, rules or professional ethics in their work and cause adverse effects, the Chinese real estate appraisers and real estate agents will learn to cancel the registration and withdraw their professional qualification certificates.

Article 22 In the registration service work, professional registration service agencies for real estate brokerage professionals shall strictly abide by the regulations of the state and the industry and the regulations of the society.

Chapter V Supplementary Provisions

Article 23: Personnel who have obtained qualification certificates for real estate brokerage professionals at the corresponding level through examinations and meet the qualifications of assistant economists and economists in the Regulations for the Trial of Professional Positions for Economic Professionals, employers may hire economic professionals at the corresponding level according to their work needs. Position.

Article 24 Prior to the implementation of these regulations, according to the "Interim Provisions on the Professional Qualification System of Real Estate Agents" and the "Implementation Measures for the Real Estate Agents' Qualification Examination" issued by the former Ministry of Personnel and the Ministry of Construction (Hua Fa [2001] 128 No.) requires that the real estate agent's professional qualification certificate obtained through the examination is equivalent to the real estate agent's professional qualification certificate obtained in accordance with the requirements of this regulation. The effectiveness of a real estate agent associate qualification certificate obtained through the examination remains unchanged.

Article 25 These regulations shall come into effect on July 1, 2015.

The 2019 Real Estate Agents Qualification Exam will be held from April 20 to 21, 2019. ^[4]

Measures for the Implementation of the Professional Qualification Examination for Real Estate Agents

Ministry of Human Resources and Social Security, Ministry of Housing and Urban-Rural Development, Ministry of Human Resources and Social Affairs [2015] No. 47

Measures for the Administration of Real Estate Brokers

(On January 20, 2011, the Ministry of Housing and Urban-Rural Development, National Development and Reform Commission, and the Ministry of Human Resources and Social Security Decree No. 8 were issued and will be implemented on April 1, 2011. According to the Ministry of Housing, Urban-Rural Development, (Decree No. 29 of the National Development and Reform Commission and the Ministry of Human Resources and Social Security, effective as of April 1, 2016) ^[5]

Chapter I General Provisions

Article 1 In order to regulate real estate brokering activities, protect the legitimate rights and interests of parties to real estate transactions and brokering activities, and promote the healthy development of the real estate market, this Law is formulated in accordance with laws and regulations such as the "People's Republic of China Urban Real Estate Management Law" and the "People's Republic of China Contract Law." Method.

Article 2: When engaging in real estate brokerage activities within the territory of the People's Republic of China, these Measures shall be followed.

Article 3 The real estate brokers referred to in these Measures refer to acts of real estate brokerage agencies and real estate brokers who provide real estate intermediary and agency services to commissioners and collect commissions in order to facilitate real estate transactions.

Article 4: Engaging in real estate brokering activities shall follow the principles of voluntariness, equality, fairness, and honesty, abide by professional standards, and abide by professional ethics.

Article 5 The construction (real estate) department, price department, human resources and social security department of the people's government at or above the county level shall be responsible for the supervision and management of real estate brokering activities according to the division of responsibilities.

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

Chapter II Real Estate Agents and Staff

Article 7: The real estate brokerage agency mentioned in these measures refers to the intermediary service agency established in accordance with the law and engaged in real estate brokerage activities.

A real estate agency may establish branches.

Article 8: The establishment of real estate brokerage agencies and branches shall have a sufficient number of real estate brokerage personnel.

The "real estate agent" mentioned in these measures refers to real estate agents and real estate agent associates who engage in real estate brokerage activities.

Real estate brokerage agencies and branches and their recruited real estate brokerage personnel shall sign labor contracts in accordance with the Labor Contract Law of the People's Republic of China.

Article 9: The state implements a vocational qualification system for real estate brokers and incorporates it into the unified planning and management of the professional qualification system for professional and technical personnel nationwide.

Article 10: The real estate agent's associate and professional qualifications for real estate agents implement a national unified outline, unified propositions, and unified organization of the examination system. The real estate agent industry organization is responsible for the management and implementation of the examination work. In principle, the examination is held once a year. The department in charge of housing and urban-rural construction of the State Council and the human resources and social security department are responsible for guiding, supervising, and inspecting the real estate agent assistant manager and the real estate agent professional qualification examination.

Article 11: The real estate brokerage agency and its branches shall, within 30 days from the date of obtaining the business license, file with the construction (real estate) department in charge of the people's government of the municipality, municipality, or county where they are located for the record.

Article 12 The competent construction (real estate) department of the people's government of a municipality, municipality, or county shall include the name, domicile, legal representative (executive partner) or person in charge, registered capital, and real estate agent of the real estate brokerage institution and its branches. The filing information is publicized to the society.

Article 13: If a real estate brokerage agency and its branches are changed or terminated, they shall go through the formalities of record change or cancellation within 30 days from the date of change or termination.

Chapter III Real Estate Agent Activities

Article 14: The real estate brokerage business shall be undertaken by the real estate brokerage agency, and the service remuneration shall be collected by the real estate brokerage agency. The branch shall undertake business under the name of the real estate brokerage institution that established the branch.

Real estate brokers may not undertake real estate brokerage business and collect fees in their own name.

Article 15: Real estate brokerage agencies and their branches shall publicize the following at prominent locations of their business premises:

(1) Business license and archival certification documents;

(2) service items, contents and standards;

(3) business processes;

(4) Charge items, basis, and standards;

(5) Supervision methods of transaction funds;

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

(7) Model texts of real estate brokerage service contracts, house sales contracts, and house lease contracts formulated by the competent government department or industry organization;

(8) 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 established the branch.

Where a real estate agency agency sells commercial housing projects, it should also clearly display the power of attorney for commercial housing sales and the relevant certification documents approving the sale of commercial housing on the sales site.

Article 16 (1) Where a real estate agency accepts an entrusted provision of real estate information, on-the-spot viewing, or real estate agency services on behalf of a fitting agent, it shall sign a written real estate agency service contract with the client.

A real estate brokerage service contract should include the following:

(1) The names (names) and residences of the parties to the real estate agency service and the real estate agency personnel engaged in business;

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

(3) service fees and payment methods;

(4) the rights and obligations of the parties to the contract;

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

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

Article 17: Where a real estate brokerage agency provides other services such as loan agency and real estate registration, it shall explain to the client the content of the service, the charging standards, etc., and sign another contract with the client's consent.

Article 18: Real-estate brokerage services implement a system of clearly marked prices. The real estate brokerage institution shall abide by the provisions of price laws, regulations and rules, and prominently display the real estate brokerage service items, service contents, charging standards, and relevant real estate prices and information on the business site.

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

Article 19: Commissions shall not be charged if a real estate brokerage agency fails to complete the matters stipulated in the real estate brokerage service contract or its services do not meet the standards stipulated in the real estate brokerage service contract.

If two or more real estate agencies cooperate in the same real estate brokerage business, they can only charge commissions based on one business, and may not increase fees to the client.

Article 20: A real estate agency service contract signed by a real estate agency shall be affixed with the seal of the real estate agency and shall be signed by one real estate agent or two real estate agents who are engaged in the business.

Article 21: Before signing a real estate brokerage service contract, a real estate brokerage agency shall explain to the client the relevant contents of the real estate brokerage service contract, the house purchase and sale contract, or the house lease contract, and notify the following matters in writing:

(1) Whether it has a beneficial relationship with the entrusted house;

(2) Matters and materials provided by the client;

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

(4) General procedures and possible risks of housing transactions;

(5) taxes and fees involved in housing transactions;

(6) Contents and completion standards of brokerage services;

(7) the charging standards and payment time for brokerage services;

(8) Other matters that need to be notified.

Where a real estate agency provides services other than real estate brokerage services as required by the parties to a transaction, it shall obtain written consent from the parties in advance and inform the service content and charging standards. The written notification materials shall be confirmed by the client's signature (seal).

Article 22: When a real estate brokerage agency signs a house sale or lease brokerage service contract with a client, it shall check the relevant materials such as the house sold and leased, the house ownership certificate, the client s identity certificate, and shall prepare a house condition statement. With the written consent of the client, the corresponding information about the house can be released to the public.

When a real estate agency signs a house purchase and lease brokerage service contract with a client, it should check the client's identity certificate and other relevant information.

Article 23 When a client signs a real estate agency service contract with a real estate agency, he shall provide the real estate agency with a true and valid identity certificate. Where a house is entrusted to be sold or leased, a real and effective house ownership certificate shall also be provided to the real estate agency. If the client fails to provide the required information or the provided information is inconsistent with the actual situation, the real estate agency shall refuse to accept the commission.

Article 24: Where the parties to a real estate transaction agree that a real estate brokerage agency shall collect and pay transaction funds on their behalf, they shall transfer the transaction funds through a special deposit account for client transaction settlement funds opened by the real estate brokerage agency at 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 agency.

Article 25: Real estate brokerage agencies and real estate brokers must not engage in the following actions:

(1) Fabricating and disseminating information on price increases, or cooperating with real estate development and operation units to cover sales and speculation, and manipulate market prices;

(2) Concealing real house transaction information from the parties to the transaction, and buying (renting) and selling the house at a low price to earn the difference;

(3) soliciting business by improper means such as concealment, fraud, intimidation, bribery, etc., to deceive consumers into transactions or force transactions;

(4) leaking or improperly using the client's personal information or business secrets to seek improper benefits;

(5) To facilitate the parties involved in the transaction to evade taxes and fees on house transactions, and to facilitate the signing of contracts with different transaction prices for the same house;

(6) Change the internal structure of the house and rent it out;

(7) Embezzlement or misappropriation of real estate transaction funds;

(8) Acquiring or renting a house that provides its own brokerage services;

(9) Providing brokerage services for affordable housing that does not meet transaction conditions and houses that are prohibited from trading;

(10) Other acts prohibited by laws and regulations.

Article 26: A real estate brokerage institution shall establish a business record system to truthfully record business conditions.
The real estate agency shall keep the real estate agency service contract for a period of not less than 5 years.

Article 27: The real estate brokerage industry organization shall formulate the practice rules for real estate brokerage, and gradually establish and improve the credit evaluation system and the real estate brokerage house and customer source information sharing system.

Chapter IV Supervision and Management

Article 28 The competent construction (real estate) department and the competent price department shall adopt measures such as on-site inspections, spot checks of contracts, and acceptance of complaints to conduct interviews, credit records, and media exposure to the real estate brokerage agencies and real estate brokers Monitor it.

Violations of human resources and social security laws and regulations by real estate brokerage agencies shall be investigated and punished by the competent human resources and social security authorities.

The inspected real estate brokerage agencies and real estate agent personnel shall cooperate and provide the information required for inspections as required.

Article 29: The construction (real estate) department, price department, human resources and social security department shall establish an information sharing system for real estate brokerage agencies and real estate brokers. The construction (real estate) department shall regularly report the situation of the registered real estate agency to the competent price department, human resources and social security department at the same level.

Article 30 The competent construction (real estate) department of the municipality, municipality, and county people's government shall establish a unified online management and service platform for real estate brokers, and provide the following services for the registered real estate brokerage agencies:

(1) Publicity of record information of real estate brokerage agencies;

(2) inquiry of real estate transactions and registration information;

(3) Signing a real estate transaction contract online;

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

(5) Other matters stipulated by laws, regulations and rules.

A registered real estate agency can obtain eligibility for online signing.

Article 31 The construction (real estate) department in charge of the people's government at or above the county level shall establish a credit file for real estate brokers and make it public to the public.

The construction (real estate) department of the people's government at or above the county level shall record the illegal and illegal acts of real estate brokerage agencies and real estate brokerage personnel found in daily supervision and inspection, and the complaint report records that are verified and verified, etc., as their bad credit records. Credit files.

Article 32: Real estate brokerage agencies and real estate brokers shall provide true and complete credit file information in accordance with regulations.

Chapter V Legal Liability

Article 33 If anyone violates these measures and commits one of the following acts, the construction (real estate) department in charge of the local people's government at or above the county level shall order a correction within a time limit and record it in the credit file; impose a fine of 10,000 yuan on real estate agents; The brokerage agency shall impose a fine of 10,000 yuan to 30,000 yuan:

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

(2) The real estate brokerage agency provides other services such as loan agency and real estate registration, etc., without explaining to the client the service content, charging standards, etc., and without the client's consent;

(3) The real estate brokerage service contract has not been signed by one real estate agent or two real estate agents who are engaged in the business;

(4) Before the real estate brokerage agency signs the real estate brokerage service contract, it fails to explain and notify the transaction parties of the stipulated matters in writing;

(5) Failure of the real estate brokerage agency to truthfully record business conditions or to maintain real estate brokerage service contracts in accordance with regulations.

Article 34 If the violation of Articles 18, 19, 25 (1) and (2) of these Measures constitutes a price violation, the competent price department of the people's government at or above the county level In accordance with the provisions of price laws, regulations and rules, order corrections, confiscation of illegal gains, and fines according to law; if the circumstances are serious, administrative penalties such as suspension of business and rectification shall be given in accordance with the law.

Article 35 In violation of Article 22 of these Measures, if real estate agencies publish housing information without authorization, the construction (real estate) department in charge of local people's governments at or above the county level shall order correction within a time limit, record it in credit files, and cancel online contract signing Qualifications, and a fine of 10,000 yuan to 30,000 yuan shall be imposed.

Article 36 In violation of Article 24 of these Measures, if a real estate brokerage agency transfers client transaction settlement funds without authorization, the construction (real estate) department in charge of the local people's government at or above the county level shall order correction within a time limit, cancel the online contracting qualification, and impose 3 Ten thousand yuan fine.

Article 37 Violation of Article 25 (3), (4), (5), (6), (7), (8), and (2) of these Measures For items (9) and (10), the construction (real estate) department in charge of local people's governments at or above the county level shall order corrections and record them in credit files; a fine of 10,000 yuan shall be imposed on real estate brokers; and the cancellation of real estate agencies shall be cancelled. Eligibility for online signings is subject to a fine of 30,000 yuan.

Article 38 The staff of the construction (real estate) department, the price department, and the human resources and social security department of the people's government at or above the county level neglect their duties, engage in malpractice, and abuse their power in the supervision and management of real estate brokers, in accordance with law Sanctions shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 39: Various localities may formulate implementation rules in accordance with these Measures.

Article 40: These Measures shall be implemented as of April 1, 2011.