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

the pre-sold commodity premises are completed and checked prior to delivery for use, and of which 5% shall be paid when the pre-seller hands over the commodity premises real property rights certificate.

　　If the pre-purchaser deals with the commodity premises real property rights certificate himself the pre-pu

rchaser may retain 10% of the commodity premises price, which shall be paid within ten days of the pre-seller obtaining a commodity premises project property rights confirmation certificate and the delivery of the commodity premises for use.

　　Article 32　The municipal or county real property transactions registration authority of the place where the pre-sale commodity premises are located shall be responsible for supervision and administration of the deposit and use of pre-sale payments.

　　Article 33　When the pre-seller applies to register the commodity premises pre-purchase contract, it shall also append the voucher issued to the pre-purchaser by the bank when the first instalment of the commodity premises pre-sale payment is deposited into the special account.

　　When the pre-seller makes use of the commodity premises pre-sale payment, the bank shall pay the amounts approved by the real property transactions registration authority for payment.

　　The real property transactions registration authority shall reply within five days of the date of receipt of an application by the pre-seller to use the commodity premises pre-sale payment. Applications in accord with Section 1, Article 30 of these Regulations shall be approved. If use is not approved, a written explanation shall be provided.

　　Article 34　When supervising and administering commodity premises pre-sale payments, real property transactions registration authorities may collect from the pre-seller two-thousandths of the supervision and administration cost as a supervision and administration service charge.

　　PART FIVE　LEGAL LIABILITY

　　Article 35　Pre-sellers who violate the provisions of Articles 6, 9, 10, 11, 12, 13, 15, 17, 18, 22, 23, 24, 25, 27, 28, 30 or 31 of these Regulations, and pre-purchasers who violate the provisions of Article 24 or Section 1 of Article 31 of these Regulations thereby causing the other party to sustain losses, shall be liable for compensation in accordance with the law. If a crime is suspected, it shall be dealt with according to law by the judicial authorities.

　　Article 36　Those who pre-sell commodity premises in violation of the provisions of Article 6 of these Regulations shall be ordered to halt pre-sales by the department in charge. Their illegal gains shall be confiscated and they may additionally be fined not less than 30% and not more than 50% of the price of the commodity premises already pre-sold.

　　Article 37　If in violation of the provisions of Article 9 of these Regulations, pre-sold commodity premises projects and their leaseholds third party rights are established over, such rights shall be invalid. Losses caused shall be borne by the pre-seller.

　　Article 38　Those who pre-sell commodity premises in violation of the provisions of Section 3, Article 13 of these Regulations shall be ordered by the department-in-charge to stop pre-sales, go through the procedures and have their illegal gains confiscated, and, additionally, may be fined not less than 30% and not more than 50% of the price of commodity premises already pre-sold.

　　Article 39　If in violation of the provisions of Articles 17 and 18 of these Regulations the pre-seller and his agent have not indicated the statutory items clearly to the pre-purchaser and continue not to do so when clarification is requested by the pre-purchaser, the department-in-charge shall order rectification and issue a warning. It may impose a fine of not less than Rmb 500 and not more than Rmb 2,000.

　　Article 40　If the pre-seller issues false advertisements or prints false publicity material, cheating and misleading the pre-purchaser so that the pre-purchaser's legal rights and interests are adversely affected, the pre-seller shall bear the civil liability. Those who deal in or put out advertisements and who know or should know that an advertisement is false but still design, manufacture and put out suc

h an advertisement shall bear joint and several liability according to law.

　　Article 41　If a pre-seller uses commodity premises pre-sale payments in violation of the provisions of Section 1, Article 30 of these Regulations or accepts commodity premises pre-sale payments directly in violation of the provisions of Section 1, Article 31 of these Regulations, the department-in-charge shall order rectification, reduce or revoke the qualification to develop real property, and, additionally, may impose a fine of not less than 10% and not more than 20% of the money illegally used.

　　Article 42　If a bank pays out commodity premises pre-sale payments in violation of the provisions of Section 2, Article 33 of these Regulations or a real property transactions registration authority agrees to the use of commodity premises pre-sale payments in violation of the provisions of Section 1, Article 30 of these Regulations, the department-in-charge at the level above shall order rectification and recover the lost money. If they have caused losses to the pre-purchaser they shall bear the related responsibility.

　　If a real property transactions registration authority does not agree the legal use of commodity premises pre-sale payments by the pre-seller, causing losses to the pre-seller, it shall be liable for compensation.

　　Article 43　If a party involved does not accept a specific administrative act by the department-in-charge or by other relevant administrative departments it may, within 15 days of the date of receipt of the administrative decision, apply to the authority at the level above for administrative reconsideration, or can appeal directly to the People's Court. If it does not accept the reconsideration, it may within 15 days of the date of receipt of the decision appeal to the People's Court.

　　If a party involved does not apply for reconsideration or appeal to the People's Court, but does not obey a specific administrative decision, the authority which made the specific administrative decision shall apply to the People's Court for it to be enforced.

　　Article 44　Neglect of duty, abuse of powers, practice of graft, or the solicitation or acceptance of bribes by personnel working in the department-in-charge or other relevant administrative authorities shall be prosecuted administratively in accordance with the law. If a crime is suspected, such premises will be dealt with by the judicial authorities.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 45　These Regulations shall be implemented as of 1 October 1998

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