广东省商品房预售管理条例（修正） Guangdong Province, Administration of Pre-sale of Commodity Premises Regulations (R

modity premises enquiry and complaint telephone lines. Complaints received shall be dealt with and replied to in a timely fashion.

　　PART THREE　ADMINISTRATION OF THE PRE-SALE OF COMMODITY PREMISES

　　Article 17　When pre-selling commodity premises the pre-seller shall provide the pre-purchaser with written clarification of the following:

　　1. the pre-seller's name, registered address, contact telephone number and legal representative;

　　2. the Commodity Premises Pre-sale Licence or a copy thereof confirmed by the department that issued the licence;

　　3. the project development schedule and date for completion and delivery for use;

　　4. a plan of the project and ancillary facilities;

　　5. the type of structure, type of apartment and standard of decoration of the commodity premises, and method of apportioning floor area for public and common use;

　　6. the price of the pre-sale commodity premises and the method of payment;

　　7. the special account for the pre-sale payment for the commodity premises;

　　8. the management of the property; and

　　9. other items specified in laws and regulations.

　　Article 18　A pre-seller who appoints a real property intermediary organization as sales agent shall appoint a qualified intermediary organization and issue a letter of appointment specifying the scope and limitation of the power of the agent. Agents shall provide written clarification to the pre-purchaser of the items stipulated in Article 17 and of the following:

　　1. the agent's qualification certificate;

　　2. the pre-seller's letter of appointment to the agent; and

　　3. the agent's address and contact telephone number.

　　Article 19　If a pre-seller issues a pre-sale advertisement, the pre-seller shall have already obtained a Commodity Premises Pre-sale Licence. Pre-sale advertisements must be truthful and accurate and must not have contents that mislead or deceive the public or are not in accord with the pre-sale commodity premises project. They must state clearly the Commodity Premises Pre-sale Licence number and t

he department that issued it.

　　Article 20　A pre-purchaser has the right to require that items stated explicitly in the commodity premises pre-sale advertisement and publicity material published by the pre-seller be included in the commodity premises pre-purchase contract.

　　Article 21　Five days before issuing a commodity premises pre-sale advertisement the pre-seller shall file a sample of the advertisement with the department-in-charge that issued the Commodity Premises Pre-sale Licence and the department for industry and commerce administration. If the department in charge or the department for industry and commerce administration finds that the advertisement is not in accord with the project, it shall order that publication of the advertisement be halted.

　　Article 22　When commodity premises are pre-sold, the pre-seller and pre-purchaser shall sign a written commodity premises pre-purchase contract. Within 30 days of signing of the said contract, registration procedures shall be carried out with the real property transactions registration authority of the place where the project is located on the strength of such contract. The real property transactions registration authority shall register this within 20 days of receipt.

　　Article 23　Before the pre-seller and pre-purchaser sign the written commodity premises pre-purchase contract, the pre-seller may, on the agreement of both parties, collect from the pre-purchaser a set sum as a commodity premises pre-purchase down payment. Before the pre-seller collects a down payment, it shall provide to the pre-purchaser a draft of the commodity premises pre-purchase contract.

　　When a commodity premises pre-purchase down payment is collected, the pre-seller and the pre-purchaser shall conclude a written agreement specifying the precise sum of the down payment received and the precise method by which it shall or shall not be returned.

　　Once the pre-seller and pre-purchaser sign the written commodity premises pre-purchase contract, the commodity premises pre-purchase down payment collected by the pre-seller from the pre-purchaser shall become the commodity premises pre-sale payment paid by the pre-purchaser.

　　Article 24　The commodity premises pre-purchase contract shall set out and stipulate the following:

　　1. the names, addresses, postal codes and legal certification numbers of the pre-seller, the pre-purchaser and their appointed agents;

　　2. the basis for use of the land by the pre-seller and the location of the pre-sold commodity premises;

　　3. the actual floor area and apportioned floor area of the pre-purchased commodity premises and the particulars, building number, storey, unit number and storey height concerned;

　　4. the price of the pre-purchased commodity premises and particulars and standards of taxes and fees included;

　　5. method of dealing with discrepancies between actual area at the time the property is delivered and the area agreed upon at the time of pre-sale;

　　6. date and method of payment and the pre-purchaser's liability for breach of contract if payment is not made within the time limit;

　　7. the time of completion and delivery for use of pre-sold commodity premises and liability for breach of contract if the premises are not completed and handed over within the time limit;

　　8. decoration items and standards and the brand, model number and material specifications of equipment, and liability for breach of contract;

　　9. building standards and operating requirements for infrastructure and ancillary structures for common use and liability for breach of contract;

　　10. property management particulars; and

　　11. other items that both parties believe should be agreed on.

　　Changes in the names, addresses, postal codes or contact telephone numbers of the pre-seller, the pre-purchaser or their appointed agents shall b

e notified to all parties concerned within seven days of the date of the change.

　　Article 25　A plan of the pre-purchased commodity premises project and of the building storey shall be appended to the commodity premises pre-purchase contract. The plan shall clearly indicate the position of the building number, storey and unit number purchased by the pre-purchaser.

　　Once the price of pre-sold commodity premises and the taxes and fees to be collected on an agency basis have been agreed upon and set out by the pre-seller and the pre-purchaser in the commodity premises pre-purchase contract, the pre-seller may not collect further sums from the pre-purchaser unless new taxes or fees are levied by the State or the province.

　　Article 26　The layout and the quality of the decoration and equipment in the samples of the commodity premises established by the pre-seller shall be the same as in the pre-sale brochure and the commodity premises actually delivered for use, unless the parties involved agree otherwise. Sample premises may not be dismantled before the pre-sold commodity premises are completed and delivered for use.

　　Article 27　Once commodity premises are pre-sold the pre-seller shall notify the pre-purchaser at regular intervals of progress in construction of the commodity premises.

　　Article 28　The pre-seller shall provide a Residential Quality Guarantee and a Residential Use Brochure when handing over the pre-sold residential commodity premises to the pre-purchaser.

　　The Residential Quality Guarantee shall set out the quality grade of the residential commodity premises, give undertakings to bear liability for maintenance of the foundations and main structure for a reasonable number of years of use and give undertakings as to the type and period of maintenance of individual units in the residential commodity premises in conditions of normal use.

　　The Residential Use Brochure shall explain the structure and function of the residential commodity premises and the type, function and standard of each unit, and shall point out items to be aware of during use.

　　PART FOUR　SUPERVISION AND ADMINISTRATION OF PRE-SALE PAYMENTS

　　Article 29　Commodity premises pre-sale payment is payment made in advance by the pre-purchaser to the pre-seller as agreed upon in the contract and which, until the commodity premises are completed, checked and delivered for use, is the fee for the construction of the commodity premises.

　　Article 30　The money in the special commodity premises pre-sale payment account opened by the pre-seller with a bank in the place where the commodity premises project is located may, until the project is completed, be used only for the purchase of building materials and equipment necessary for the construction of the project and for the payment of the project construction schedule fee and statutory taxes and fees. It may not be diverted to other use.

　　A pre-seller with more than one commodity premises pre-sale project shall open separate commodity premises pre-sale payment accounts.

　　Article 31　The pre-purchaser shall in accordance with the time of payment agreed upon in the contract deposit the pre-sale payment directly into the special commodity premises pre-sale payment account and exchange the deposit certificate issued by the bank with the pre-seller for proof that payment has been received.

　　If the pre-seller deals with the commodity premises real estate rights certificate on behalf of the pre-purchaser, the pre-purchaser may retain 15% of the commodity premises price, of which 10% shall be paid once

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