深圳经济特区房地产转让条例（修正） Regulations of Shenzhen Special Economic

cle 49 Any party may entrust an agent to transfer real estates. In the case of entrusting an agent to transfer real estates, the procedure of entrusting shall be handled by the parities concerned.

　　Article 50 A natural person, or a legal person, or any other organization that engages in the transfer of real estate shall obtain the corresponding qualification. T

he conditions for and procedure of obtaining the qualification shall be subject to the rules formulated by the Municipal Government.

　　Article 51 An agency or a broker shall buy and sell the real estates at the price ordered by the consignor.

　　Article 52 The standard of a commission of an agent who transfers real estates shall be subject to the agreement agreed upon by the consignor and the agent, while that of a broker shall be in accordance with the rules formulated by the Municipal Government.

　　Article 53 Where a broker act on behalf of the consigner to transfer real estates, he shall examine the validity of the ownership of the real estates and the qualification of the parties involved in the transfer of the real estates.

　　A broker shall affix his signature or seal in the contract of transfer of real estates.

　　Article 54 A broker, who fails to get the entrusted real estates registered or fails to do so within specified time limit due to his fault and results in loss to the transferee, shall be liable for the loss.

　　Chapter V Taxation and Charge of Transfer of Real Estates

　　Article 55 In the case of transfer of real estates, the parties involved in shall pay taxes according to law.

　　Article 56 In case the real estate rises in value when it is transferred, the transferor shall pay the charge for increment of land value. The collection measures of the charge for increment of land value are to be formulated by the Municipal Government.

　　Article 57 Where there are price differences in the exchange of real estates, the variable levy and fees shall be paid in accordance with relevant regulations.

　　Chapter VI Punishment Provisions

　　Article 58 Where the transferor transfers real estates in violation of Article 7 of these regulations, the transfer shall be invalid and the transferor shall be imposed a fine of 10% of the transferring price of the real estate by the Competent Authority.

　　Article 59 Where anyone transfers real estates in violation of Item (1), Item (2) and Item (6) of Article 8, Paragraph 1 of Article 9 and Article 30, the transfer shall be invalid; the transferor shall be confiscated of his illegal gains in case he gains and imposed a fine of 10% of the transferring price of the real estates by the Competent Authority; in case the transferor has the certificate of qualification to develop real estates, he shall be subject to a punishment of no permission to have annual examination of the certificate or be revoked of the certificate based on the seriousness of the circumstances.

　　Article 60 Where the developer of real estates deliver the real estate before its completion and being checked and accepted as a qualify project in violation of Article 20 of these regulations, the delivery shall be invalid and the transferee shall be entitled to refuse to accept such delivery; The Competent Authority may give the developer a warning or impose a fine of 10% of the transferring price upon the developer. If the circumstances are serious, the developer shall be subject to a punishment of no permission to have annual examination of the certificate of qualification to develop real estate or being revoked of its certificate.

　　Article 61 Where the developer of real estates sell the real estate in advance before handing in the sales contract of real estate to the registered office to put on record according to relevant regulations, it shall be imposed upon a fine of less than 5% of the transferring price by the Competent Authority. If the transferor has the certificate of qualification to develop real estate, it shall be subject to a punishment of no permission to have annual examination of the certificate or suspending the certificate based on seriousness of the circumstances.

　　Article 62 Anyone, who manages real estates in violation of Article 50 of these regulations, shall be confiscated of his illeg

al gains and imposed upon a fine of not less than 1 time but not more than 2 times of the illegal gains by the Competent Authority.

　　Article 63 Any party, who conceals the true situation of the transfer of real estates and does not pay relevant charges according to relevant regulations, shall be ordered to compensate the payment and imposed upon a fine of not less than 2 times but not more than 5 times of the payable charges.

　　Article 64 In case any party objects to the administrative sanction imposed by the Competent Authority, it may apply for reconsideration to the reconsidering organization of the Municipal Government within 15 days upon the date receiving the decision of punishment. The organization shall make a decision on reconsideration within 60 days from the date receiving the application. In case the party objects the decision on reconsideration, it may directly file a lawsuit before a people's court within 15 days upon the date receiving the decision.

　　If the party neither applies for reconsideration, nor files a lawsuit, nor complies with the decision on administrative sanction imposed by the Competent Authority, the Competent Authority may apply to a people's court for compulsory enforcement.

　　Chapter VII Supplementary Provisions

　　Article 65 The conditions, scope and procedure of the transfers of commercial housing with low benefit margin and welfare residential buildings shall be subjects to relevant regulations formulated by the Municipal Government.

　　Article 66 The Municipal Government may formulate the detailed implementing measures in accordance with these regulations.

　　Article 67 These regulations shall take effect as of October 1, 1993.

　　Where there are contradictions between the provisions of these regulations and other relevant rules that enacted in the Special Zone before, these regulations shall prevail

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