Construction Engineering Environmental Capital Law Review (No. 11)... Jinan City, the old and new "commercial housing sales contract" comparison and related legal risk prevention -- from the perspective of real estate development enterprises.

On December 1, 2020, Jinan City launched the model text of "Jinan New Commercial Housing Sales Contract (presale)" (hereinafter referred to as the new version of "Commercial Housing Sales Contract"). Compared with the "Commercial Housing Sales Contract" issued in 2005 (hereinafter referred to as the old version of "Commercial Housing Sales Contract"), the new version of "Commercial Housing Sales Contract" has major changes in commercial housing delivery, decoration, housing quality and warranty, and liability for breach of contract. By analyzing the business risks brought to real estate development enterprises by the change of the new version of the "Commercial Housing Sales Contract", this paper puts forward a number of risk countermeasures, with a view to regulating the trading behavior of commercial housing and preventing the legal risks of commercial housing transactions.

 

Keywords: commercial housing; sales contract; legal risk; risk prevention

 

With the changes in the real estate market, the Jinan City Commercial Housing Sales Contract jointly issued by the Jinan City Construction Committee and the Jinan City Administration for Industry and Commerce in August 2005 has not adapted to some practical requirements of commercial housing transactions, especially in the delivery and decoration of commercial housing., Housing quality and warranty, liability for breach of contract, etc., gradually exposed some new problems.

 

In this context, Jinan Housing and Urban-Rural Development Bureau and Jinan Market Supervision Administration jointly issued a new version of the "Jinan City New Commercial Housing Sales Contract (presale)" model text, and officially opened on December 1, 2020. At the same time, Jinan Housing and Urban-Rural Development Bureau and Jinan Market Supervision Administration jointly issued the "Notice on Further Regulating the Online Signing of Commercial Housing Sales Contracts" (hereinafter referred to as the "Notice") (Ji Jian Fa [2020] No. 58) Article 1 stipulates: "Development enterprises shall make online signing contract templates based on the model text of the" Commercial Housing Sales Contract ". The content of the contract shall comply with relevant national, provincial and municipal regulations, the annexes (including additional clauses, 11 items in total) drawn up in the model text shall be uploaded together with the main contract template. When signing the commercial housing sales contract online, the development enterprise shall use the contract template and select the contents of the online contract. In addition to the online contract, no additional contract shall be signed."

 

Although the new version of the "Commercial Housing Sales Contract" and the above-mentioned "Notice" do not belong to laws and administrative regulations, in view of the fact that the sale of commercial housing in Jinan requires online signing procedures, the content of the online signing contract must not violate the main contract. "Commercial Housing Sales Contract" and the above-mentioned "Notice" may face the consequences of the competent authority suspending online signing and ordering rectification. Therefore, the new version of the "Commercial Housing Sales Contract" has a strong guiding and binding effect on real estate development enterprises and buyers in Jinan. Real estate development enterprises should attach great importance to the new version of the "Commercial Housing Sales Contract" and the above-mentioned "Notice" on commercial housing transactions. Important changes and impacts, strengthen response and prevent related legal risks.

 

Comparison of the Content Changes of the Old and New Commercial Housing Sales Contracts in 1.

 

Compared with the old version of the "Commercial Housing Sales Contract", the new version of the "Commercial Housing Sales Contract" mainly has major modifications in the delivery of commercial housing, decoration and decoration, commercial housing quality and warranty, pricing and payment, and liability for breach of contract. The specific modifications are compared as follows:

 

Comparison of delivery terms of (I) commercial housing

Content Comparison of (II) Decoration Terms

Comparison of Quality and Warranty Terms of (III) Commercial Housing

Comparison of (IV) pricing and payment terms

Comparison of the contents of (V) housing rights commitments

Comparison of other terms of the (VI)

Legal Risks and Countermeasures of 2. Real Estate Development Enterprises

 

Article 4, paragraph (II), of the Notice stipulates: "Each district and county housing and construction bureau, together with the market supervision department, shall increase the supervision of the contract for the sale of commercial housing, strictly prohibit the signing of relevant violations of national laws and regulations through the additional terms of the contract, and strictly investigate and deal with contract fraud, overlord clauses and other sales practices. Enterprises that have violated the regulations will be dealt with in accordance with the law." Article 4, paragraph (III), stipulates: "in accordance with the principle of territorial management of the project, if the buyer of commercial housing finds that his rights and interests have been infringed in the signing of the commercial housing sales contract, he may consult the administrative department of housing and urban and rural construction or the market supervision and administration department or complain about the violation." Therefore, real estate development enterprises in the use of the new version of the "commercial housing sales contract", should take the necessary measures to actively prevent the relevant legal risks.

 

(I) commercial housing presale permit

 

Article 6 of the Measures for the Administration of Urban Commercial Housing presale (Order No. 131 of the Ministry of Construction in 2004) stipulates: "Commercial housing presale shall be subject to a licensing system. For commercial housing presale, development enterprises shall apply to the real estate management department for a presale license and obtain a Commercial Housing presale License. Those who have not obtained a Commercial Housing presale License shall not be presale." According to the above regulations, real estate development enterprises can only carry out commercial housing presale if they have obtained the "Commercial Housing presale Permit", and cannot carry out commercial housing presale without obtaining the "Commercial Housing presale Permit. Article 1 of the "Notice of Purchasing Commercial Housing in Jinan" (hereinafter referred to as the "Notice") also reminds the buyer to check whether the subscribed commercial housing has obtained the "Commercial Housing presale Permit" and whether the subscribed commercial housing is within the scope of the presale permit.

 

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as the Judicial Interpretation of Commercial Housing Sales Contracts) (Fa Shi [2003] No. 7) stipulates: "When the seller enters into a commercial housing sales contract, if one of the following circumstances results in the contract being invalid or canceled or terminated, the buyer may request the return of the paid house purchase price and interest and compensation, and may request the seller to bear the liability for compensation not exceeding twice the paid purchase price: (1) deliberately concealing the fact that the commercial housing presale license certificate has not been obtained or providing a false commercial housing presale license certificate..." According to the above laws and regulations, If a real estate development enterprise fraudulently conceals the fact that it has not obtained the commercial housing presale license certificate or provides a false commercial housing presale license certificate, will result in the commercial housing sales contract is invalid or revoked or terminated. The liability for breach of contract that real estate development enterprises need to bear is mainly to return the purchase price and interest paid by the buyer, and to compensate the buyer for losses that do not exceed twice the purchase price paid. Article 36 of the Regulations on the Administration of Urban Real Estate Development and Operation (Order No. 726 of the State Council in 2020) stipulates: "Anyone who violates the provisions of these Regulations and presale commercial housing without authorization shall be ordered by the real estate development department of the people's government at or above the county level to stop the illegal act, confiscate the illegal income, and may concurrently impose a fine of less than 1% of the advance payment collected." According to the provisions of this article, if a real estate development enterprise carries out commercial housing presale without obtaining the "Commercial Housing presale Permit", in addition to civil liability to the buyer, the competent authority will confiscate the illegal income and impose a fine.

 

Therefore, real estate development enterprises face greater civil and administrative legal risks in the presale of commercial housing without obtaining the "Commercial Housing presale Permit", and the competent government departments have also increased their investigation and punishment in this regard. In order to avoid business risks, it is recommended that real estate development enterprises should presale commercial housing after completing the "Commercial Housing presale Permit", and must not sell in disguised form before obtaining the "Commercial Housing presale Permit.

 

(II) commercial housing delivery

 

1. Delivery standard

 

According to Article 9 of the new version of the "Commercial Housing Sales Contract", the condition for the delivery of commercial housing is that the commercial housing has obtained the comprehensive acceptance and filing certification documents for the completion of the real estate development project or the comprehensive acceptance and filing certification documents for the phased comprehensive acceptance, and the commercial housing has obtained the housing surveying and mapping report. Article 10 stipulates the delivery conditions of commercial housing infrastructure equipment (water supply, drainage; power supply; heating; gas; telephone communication; cable television; broadband network) and public services and other supporting facilities (subject to the construction project planning permission). If the delivery conditions are not met within the agreed period, the real estate development enterprise may be liable for breach of contract for overdue delivery. Compared with the provisions of the old version of the "Commercial Housing Sales Contract", the new version of the "Commercial Housing Sales Contract" stipulates stricter standards for the delivery conditions of commercial housing. After the new version of the "commercial housing sales contract" is launched, if the real estate development enterprise fails to obtain the housing surveying and mapping report, and the infrastructure equipment, public services and other supporting facilities fail to meet the delivery standards, they may be deemed to have failed to meet the delivery standards. Therefore, the buyer refuses to accept the commercial housing, and the real estate development enterprise faces the legal risk of overdue delivery.

 

According to the requirements of the notice, real estate development enterprises are not allowed to sign supplementary agreements with buyers to reduce the delivery standards of commercial housing and avoid the legal risks of commercial housing delivery. Therefore, it is suggested that real estate development enterprises should make preparations in advance and deliver commercial housing to the buyer after obtaining the housing surveying and mapping report in advance, so as to reduce the legal risk of overdue delivery as much as possible. For infrastructure equipment, public services and other supporting facilities, some contents belong to the situation that "blank spaces or blank lines are left in the main contract terms and attachments of the model text, and relevant contents need to be agreed by both parties of the transaction". It is suggested that real estate development enterprises should carefully agree with the buyer on the delivery conditions of supporting facilities and equipment and the legal liability when the delivery conditions are not met according to their own project conditions, minimize the factors that may give rise to legal risks of late delivery.

 

2. Delivery Method

 

Article 11 of the new version of the "Commercial Housing Sales Contract" stipulates that "... (II) the commercial housing meets the delivery conditions stipulated in Articles 9 and 10, the seller shall deliver the notice of the time of inspection of the house, the time and place of handling the delivery formalities and the documents and materials to be carried in writing (postal express, registered mail, SMS, e-mail, etc.) to the buyer in accordance with the mailing address and contact information agreed in this contract ____ days (not less than 10 days) before the expiration of the delivery date. If the buyer fails to receive the delivery notice, the date of expiration of the delivery date agreed in this contract shall be the time for handling the delivery procedures, and the place where the commercial house is located shall be the place for handling the delivery procedures · · · · · ·"

 

Compared with the old version of the "Commercial Housing Sales Contract", the new version of the "Commercial Housing Sales Contract" has a larger change in the delivery method, which more strictly regulates the behavior of real estate development enterprises to deliver houses. First of all, it is agreed that the real estate development enterprise shall have the obligation to notify in advance after the commercial housing meets the delivery standard and before the delivery date expires, and the date of advance notice shall not be less than 10 days. This agreement means that the developer shall obtain the comprehensive acceptance filing certificate or the phased comprehensive acceptance filing certificate and the housing surveying and mapping report at least 10 days before the delivery date expires, otherwise there is a legal risk of overdue delivery. Secondly, the content of the notice is refined, not only limited to the time and place of handling the delivery procedures, but also includes the time of inspecting the house and the documents that should be carried. Thirdly, the way of notification is limited. It is necessary to notify by postal express, registered mail, SMS, e-mail, etc. in accordance with the communication address and contact information agreed in this contract. That is, if the address of notification or notification delivered by SF Express is not the communication address agreed in this contract, the effectiveness of notification is open to question. Finally, the old version of the "Commercial Housing Sales Contract" stipulates that the notification obligation can be performed before the expiration of the delivery period, while the new version of the "Commercial Housing Sales Contract" stipulates that the notice must be delivered to the buyer at least 10 days before the expiration of the delivery period.

 

It is suggested that real estate development enterprises should take into account the time limit for the performance of the above notification obligations when determining the delivery period. Secondly, real estate development enterprises should draft the notice template in advance according to the provisions of the new version of the "commercial housing sales contract", and ask legal professionals to review it, so as to avoid missing the contents of the notice. Thirdly, when the real estate development enterprise signs the sales contract with the buyer, it clearly informs it to provide a valid correspondence address and contact information, and stipulates in the blank line in the new version of the commercial housing sales contract, and the developer shall be deemed to have fulfilled the notification obligation when the notice is delivered to the correspondence address agreed in the contract. If the buyer fails to inspect the house and go through the delivery procedures within the time limit specified in the delivery notice due to its own reasons, the house shall be deemed to have been delivered on the date of expiration of the time limit, and the buyer shall not have the right to require the seller to bear the liability for breach of contract for overdue delivery. Finally, real estate development enterprises should retain the relevant documents of good service.

 

3. Delivery shall not set preconditions

 

In judicial practice, some real estate development enterprises require the buyer to pay relevant taxes and fees and sign the property service contract before checking the quality of commercial housing and handling the delivery procedures of commercial housing. Article 509 of the Civil Code states: "The parties shall fully perform their obligations in accordance with the agreement." Real estate development enterprises have the right to collect the purchase price from the buyer in accordance with the contract, and have the obligation to deliver the commercial housing in accordance with the contract to the buyer. The (III) paragraph of Article 11 of the new version of the "Commercial Housing Sales Contract" stipulates: "Before going through the delivery procedures, the buyer has the right to inspect the commercial housing, and the seller shall not pay relevant taxes or sign a property service contract as the buyer's inspection And a prerequisite for handling delivery procedures." If the real estate development enterprise fails to deliver the commercial house to the buyer within the agreed time limit due to the buyer's failure to pay the relevant taxes and fees or to go through the property formalities, the real estate development enterprise may be liable for breach of contract for overdue delivery.

 

It is suggested that the real estate development enterprise should clearly indicate the relevant tax payment policies and property management regulations to the buyer before signing the commercial housing sales contract with the buyer. When signing the contract with the real estate development enterprise, the buyer is required to make a written commitment to pay taxes and fees in full and on time and abide by the property management regulations, so as to avoid disputes between the real estate development enterprise and the buyer due to tax payment and property problems affecting the delivery of commercial housing.

 

(III) decoration

 

1. Decoration standard

 

The new version of the "Commercial Housing Sales Contract" Article 16, paragraph (III) stipulates: "The commercial housing shall use qualified building materials, components and equipment, and the product quality of the materials used for installation, decoration, and decoration must meet the national mandatory standards and both parties Agreed standards." Compared with the old version of the "Commercial Housing Sales Contract", the new version of the "Commercial Housing Sales Contract" strengthens the decoration standards, emphasizing that the product quality of the materials used for decoration must not only meet the agreement of both parties, but also meet the national mandatory standards.

 

If the decoration quality standard agreed between the real estate development enterprise and the buyer is higher than the national mandatory standard, the real estate development enterprise shall decorate the house in accordance with the quality standard agreed by both parties; if the decoration quality standard agreed between the real estate development enterprise and the buyer is lower than the national mandatory standard, the real estate development enterprise shall still decorate the house in accordance with the national mandatory standard. Otherwise, real estate development enterprises should bear the responsibility for quality breach of contract. After the new version of the "Commercial Housing Sales Contract" is launched, it is recommended that real estate development companies carefully agree on decoration standards with the buyer to reduce the possibility of disputes with the buyer due to decoration standards. At the same time, strengthen quality control to ensure that the quality standards of commercial housing decoration are not lower than the agreed and national mandatory standards, and avoid the buyer's quality claims due to decoration quality problems as much as possible.

 

2. Ownership of unauthorized installation

 

Annex 6 of the new version of the "Commercial Housing Sales Contract" stipulates: "The device, decoration, and decoration added by the seller without the agreement of both parties shall be regarded as an unconditional gift to the buyer." According to the agreement in this annex, the real estate development enterprise adds equipment, decoration and decoration without agreement with the buyer, which is regarded as an unconditional gift to the buyer, and the real estate development enterprise has no right to claim the corresponding price from the buyer. Therefore, it is suggested that real estate development enterprises should do a good job in the process management of design and construction, avoid adding additional devices, decoration and decoration outside the contract, and reduce the additional cost of real estate development and operation.

 

(IV) quality and warranty

 

1. Quality standard of commercial housing

 

Article 16 of the new version of the "Commercial Housing Sales Contract" has a more detailed agreement on the quality of commercial housing, which is specifically divided into foundation and main structure, other quality issues, decoration and equipment standards, indoor air quality, building sound insulation and Four categories of energy-saving measures for civil buildings. The commercial housing delivered by the real estate development enterprise does not comply with the above-mentioned relevant agreements. The buyer has the right to request the real estate development enterprise to make rectification. If the rectification cannot be made or the normal use of the buyer is still affected after the rectification, the buyer has the right to terminate the contract and require the real estate development enterprise to refund all the house payments (including the principal and interest of the loan paid), pay interest and compensate for losses. Article 58 of the regulations on the quality Management of Construction projects (decree No. 714 of the State Council in 2019) stipulates: "in violation of the provisions of these regulations, the construction unit shall be ordered to make corrections and be fined not less than 2% but not more than 4% of the project contract price; if losses are caused, they shall be liable for compensation according to law: (1) if they are not organized for completion acceptance and delivered for use without authorization; (II) unqualified acceptance and delivered for use; (III) of unqualified construction projects in accordance with the acceptance of qualified projects."

 

According to the above-mentioned laws and regulations, the quality of the commercial housing delivered by the real estate development enterprise to the buyer is not up to standard. In addition to civil liability, it also needs to bear administrative liability such as fines. After the new version of the "Commercial Housing Sales Contract" is launched, it is recommended that real estate development companies do a good job in quality management, especially to ensure that the foundation and main structure, decoration and equipment, indoor air quality, building sound insulation, and civil building energy-saving measures are in compliance with the contract If there are quality problems, real estate development companies actively do maintenance and replacement work to minimize the legal risks caused by commercial housing quality problems.

 

2. Joint warranty liability

 

Article 18 of the new edition of the Contract for the Sale and Purchase of Commercial Housing stipulates: "If the seller fails to bear the relevant liability in accordance with the provisions of Articles 16 and 17, it shall bear joint and several liability. See Annex VIII for the proof of quality guarantee." Compared with the old version of the "Commercial Housing Sales Contract", the new version of the "Commercial Housing Sales Contract" specifically stipulates that if the real estate development enterprise does not undertake the quality warranty obligation, the third party must bear joint and several liability. The guarantee ability of the third party is closely related to the interests of the buyer, and the buyer often requires the real estate development enterprise to choose the enterprise with good credit and strong financial strength as the quality guarantor. Real estate development enterprises choose a third party to provide quality guarantee, often also need to pay a certain guarantee fee to the third party.

 

It is recommended that real estate development enterprises choose commercial housing construction contractors to provide quality guarantees to the buyer. On the one hand, the construction contractor is selected as the quality guarantor, which strengthens the quality responsibility of the construction contractor, and the construction quality of the project is more guaranteed, and the buyer is easy to accept the quality guarantee provided by the construction contractor; on the other hand, compared with other units, the construction contractor is selected to assume the quality guarantee responsibility, which reduces the difficulty for development enterprises to choose the quality guarantor.

 

(V) Housing Rights Commitment

 

Compared with the old version of the "Commercial Housing Sales Contract", the new version of the "Commercial Housing Sales Contract" refines the commitment agreement on the status of housing rights. Article 5 of the new version of the "Commercial Housing Sales Contract" stipulates: "The status of housing rights promises: 1. The seller has legal rights to the commercial housing; 2. The commercial housing is not sold to anyone other than the buyer of this contract; 3. The commercial housing There is no judicial seizure or other restrictions on transfer."

 

1, the seller should have the right to dispose.

 

Real estate development enterprises shall ensure that they enjoy the legal right to sell commercial housing to the outside world, and in practice, the sale of commercial housing with mortgage rights by real estate development enterprises shall be carried out in accordance with the relevant provisions of the Civil Code after the implementation of the Civil Code on January 1, 2021. Article 106 of the Civil Code states: "During the mortgage period, the mortgagor may transfer the mortgaged property. If the parties agree otherwise, they shall follow their agreement. If the mortgaged property is transferred, the mortgage shall not be affected. If the mortgagor transfers the mortgaged property, he shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may impair the mortgage, he may request the mortgagor to pay the mortgagee the proceeds of the transfer to the mortgagee in advance of the debt or deposit. The excess of the transferred price over the amount of the claim belongs to the mortgagor, and the shortfall is paid off by the debtor."

 

However, Article 3 of the Notice in the new edition of the Contract for the Sale and Purchase of Commercial Housing stipulates: "Verify whether there is mortgage-related information in the on-site publicity information. If there is a mortgage on the land subscribed for commercial housing and commercial housing projects, if there is a mortgage, the sales site shall publicize the proof of the mortgagee's consent to the sale and specify it in the Contract for the Sale and Purchase of Commercial Housing." In order to reduce disputes as much as possible, the competent department has stricter requirements on the sale of commercial houses with mortgage than the above provisions of the Civil Code. The real estate development enterprise shall notify the mortgagee in time for the sale of commercial houses with mortgage, obtain the certificate of the mortgagee's consent to the sale, and publicize it on the sales site and make it clear in the Commercial Housing Sales Contract, thus causing losses to the buyer, the real estate development enterprise shall compensate the buyer for the loss.

 

2, there is no "one room to sell" situation.

 

Article 8 of the judicial interpretation of the commercial housing sales contract (Fa Shi [2003] No. 7) stipulates: "if the purpose of the commercial housing sales contract cannot be realized due to one of the following circumstances, the buyer who cannot obtain the house may request to terminate the contract, return the paid house purchase price and interest, compensate for losses, and may request the seller to bear the liability of not more than twice the paid house purchase price: after the (II) commercial housing sales contract is concluded, the seller sells the house to a third party..." Article 39 of the "Measures for the Administration of Commercial Housing Sales" stipulates: "Before the commercial housing sales contract is canceled, those who sell the commercial housing as the subject matter of the contract to others shall be given a warning, ordered to make corrections within a time limit, and imposed a fine of 20000 yuan to 30000 yuan; If a crime is constituted, investigate criminal responsibility according to law." According to the above-mentioned laws and regulations, if a real estate development enterprise sells several houses, in addition to the buyer's liability for returning the purchase price and interest, and compensating the buyer's losses, it will also be warned and fined by the competent authority. Investigate criminal responsibility.

 

3. Unrestricted transfers

 

Article 38 of the Urban Real Estate Management Law stipulates: "The following real estate shall not be transferred: · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (II), article 209 of my country's Civil Code clarifies that the principle of effective registration for changes in real property rights is that if the property rights cannot be registered, the buyer's rights cannot be fundamentally protected. Therefore, the new version of the Commercial Housing Sales Contract requires real estate development enterprises Make a commitment to the situation where there is no judicial seizure or other restrictions on the transfer of commercial housing.

 

According to the new version of the "Commercial Housing Sales Contract", the status of commercial housing rights does not match the above-mentioned commitments of real estate development enterprises, resulting in the inability to complete the contract registration or housing ownership transfer registration. The civil liability that the real estate development enterprise needs to bear is to refund the buyer all the house payment (including the principal and interest portion of the loan paid) and interest, and if it causes losses to the buyer, the seller shall pay compensation. If the behavior of a real estate development enterprise violates administrative regulations, it also needs to bear administrative responsibilities such as warnings and fines. If the circumstances are serious, it may be investigated for criminal responsibility. After the launch of the new version of the "Commercial Housing Sales Contract", it is recommended that real estate development companies should verify that the status quo of the rights of the commercial housing to be sold is consistent with the promise, and sign a commercial housing sales contract with the buyer to avoid possible civil liability risks, administrative liability risks and even criminal liability risks.

 

(VI) other matters

 

1. Community public parts

 

Article 22 of the new version of the contract for the sale of commercial housing regulates the agreement on the division of ownership of buildings and the increase of common rights. Clarify the basic structural parts such as the foundation and load-bearing structure of the building, the public access parts such as passages and stairs, the auxiliary facilities such as fire fighting and public lighting, the structural parts such as refuge floor and equipment floor, and the roads, green spaces and property service rooms are shared by all owners. It is suggested that real estate development enterprises should take measures in advance to avoid property rights disputes with owners.

 

2. Privacy of the Buyer

 

Article 26 of the new version of the "Commercial Housing Sales Contract" stipulates that the seller has the obligation to keep the buyer's information confidential. Unless due to laws and regulations or the need to perform official duties, the real estate development enterprise shall not disclose or exceed its authority without the buyer's written consent. Use the buyer's information.

 

Article 50 of the Law on the Protection of consumers' Rights and interests stipulates that consumers' personal information shall be protected in accordance with the law, and those who infringe upon consumers' personal information shall stop the infringement, restore their reputation, eliminate the influence, make an apology, and compensate for the losses. Article 56 stipulates: "If an operator has one of the following circumstances, in addition to assuming corresponding civil liabilities, other relevant laws and regulations have provisions on punishment agencies and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; laws and regulations If there are no provisions, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, A warning, confiscation of illegal income, or a fine of not less than one time and not more than ten times the illegal income may be imposed according to the circumstances. If there is no illegal income, a fine of not more than 500,000 yuan shall be imposed; if the circumstances are serious, the business shall be ordered to be suspended for rectification and the business license shall be revoked: · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (IX), shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be sentenced to a fine. Whoever, in violation of the relevant provisions of the State, sells or provides to others the personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever steals or unlawfully obtains the personal information of citizens by other means shall be punished in accordance with the provisions of the first paragraph. If a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and its directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions of these paragraphs." According to the above-mentioned laws and regulations, real estate development enterprises infringe upon the right of consumers to be protected according to law. In addition to bearing tort liability to the buyer, they also need to bear administrative responsibilities such as warning, fine, order to suspend business for rectification, and revoke business license. If the circumstances are serious, they may be investigated for criminal responsibility.

 

It is suggested that real estate development enterprises should take technical measures or other necessary measures to ensure the information security of the buyer and prevent the leakage and loss of the buyer's personal information. In the event that information leakage or loss occurs or is likely to occur, remedial measures shall be taken immediately. At the same time, real estate development enterprises should standardize the supervision process of the use of buyer information to ensure that the buyer's personal information is only used to perform the commodity sales contract.

 

3. epilogue

 

The new version of the Commercial Housing Sales Contract will play an important role in safeguarding the legitimate rights and interests of both buyers and sellers of commercial housing, improving the fairness and transparency of commercial housing transactions, reducing commercial housing sales contract disputes, and promoting the healthy and orderly development of the real estate market. It also puts forward new and higher requirements for real estate development enterprises. Real estate development enterprises should be based on the requirements and spirit of the "Notice", combined with the changes in the new version of the "Commercial Housing Sales Contract, adjust work ideas and methods, further strengthen business management, and actively take preventive measures against possible legal risks.