为适应我市房地产市场的快速发展，解决发展中遇到的一些新情况、新问题，市房地局经过大量调研工作后，于近日起草了《太原市房产交易管理条例》征求意见稿，拟替代已经实施了整整十年的《太原市房地产交易管理条例》。虽然从名字上看二者仅一字之差，可就其内容而言，却有着显著的变化，尤其一些新增和修改了的条款

　　近年来，我市房地产市场持续火爆，房价、交易量都不断创出新高。但不可否认的是，在房产交易过程中，一些企业和从业人员仍存在经营不诚信、承诺不落实的问题，如房屋面积缩水（膨胀）、中介违规以及个别开发商在未取得 《商品房预售许可证》的情况下，违规收取 “预售房款”，还有的虽然取得了预售许可证，但存在一房多卖、假按揭、不按规范合同售房等违法违规行为，这些都严重损害了消费者的权益。而新起草的 《太原市房产交易管理条例》征求意见稿 （下称新 《条例》）针对这些问题一一出台了应对办法，老百姓今后买房置业有了依靠。  

　　如针对房屋面积缩水、膨胀问题，新 《条例》第24条做出了解释，商品房销售按建筑面积或套内建筑面积计价，当事双方应当在合同中约定对面积误差的处理方式。如未进行约定，则按如下方式处理：面积误差在3％以内的，据实结算房价；如超过3％，消费者有效退房。选择退房的，开发商应在30日内退还已付房款，并同时支付利息。选择不退房的，3％以内部分的房款由消费者补足，而3％以外的房款则由开发商负担，产权则归消费者。另外，消费者若对房屋面积有异议，还可委托具有相应测绘资质的机构进行测绘。

　　针对个别开发商在未取得 《商品房预售许可证》的情况下，违规收取 “预售房款”，还有的虽然取得了预售许可证，但存在一房多卖、假按揭、不按规范合同售房等违法违规行为，新 《条例》多条规定都予以明确制止。如第十一条第三项规定，预售商品房未取得 《商品房预售许可证》的，不得销售。为了切实做到这点，新 《条例》第二十条又规定，开发商应通过商品房网上预、销售管理系统销售新建商品房，网上签订商品房买卖合同，进行网上合同备案。这样一来，将使一房多卖、不按规范合同售房等行为无处藏身。而对于预售款，新 《条例》第十九条也做出了规定，开发商在办理预售证前，要在银行设立专用账户，保证预售款用于工程建设，不得挪用。

　　而为了规范房地产中介服务，新 《条例》也做出了多项规定，首先是要求中介服务人员必须取得中介服务执业资格证书方可从事该服务，市房地局则负责具体培训事宜。同时，新 《条例》还明确指出了中介服务机构及其人员的六种行为属违规行为：伪造、涂改、转让、租借中介服务资质证书、注册执业资格证书、执业资格注册章；在二手房买卖代理中，向委托人隐瞒房地产成交价格，赚取非法差价；发布虚假房地产广告和信息，获取非法利益；与一方当事人串通损害另一方当事人利益；在两个以上房地产中介机构注册执业；法律法规规定不得从事的其他行为。

　　除了针对上述种种违规市场行为做出了相应对策外，新《条例》还前瞻性地对以划拨方式取得土地使用权的已购公房、经济适用房转让做出了规定，要求转让时须缴纳房产总价1％的土地使用权出让金。明确了经适房申购、上市的相关规定。 

To meet the city's rapid development of the real estate market to address the development of a number of encounter new situations and new problems, the premises of the Board over the city, a large number of research work, in the recently drafted the "Regulations Taiyuan City real estate transaction," draft, to be replaced has implemented a full ten-year "Taiyuan City real estate transaction regulations." Although the name of the two terms is only one word, they can in terms of its content, but with significant changes, in particular a number of new and revised terms of
Will people home safe, secure home and build a strong "firewall" --

Recent years, the city's hot real estate market continues, housing prices, trading volumes have been reaching new highs. But it is undeniable that, in the real estate transaction process, a number of companies and employees are still operating without integrity, promise not to implementation issues, such as housing area is shrunk (expansion), an intermediary is not illegal and individual developers to obtain "pre-sale of commercial housing Permit "circumstances, the violation charged," pre-paying back the principal, "although there is made of pre-sale permit, but there is a room of selling, fake mortgages, do not follow standard contract house sales and other illegal violations, which are seriously damaged the interests of consumers. The new draft of "Regulations of Taiyuan real estate transaction," draft (hereinafter referred to as the new "Regulations") issued a response to these questions 11 responses to, the people have to rely on for future home buyers buy a house.

As for the housing area is shrinking, swelling problems, the new "Regulations" made the interpretation of section 24 of sales of commercial property by the construction area or kit construction area of pricing, the parties should be agreed in the contract area of the error on the approach. If not for agreement, according to the following manner: area error of less than 3%, and genuinely clearing price; if more than 3%, consumers can check out. Select check-out, the developer shall be refunded within 30 days of paid paying back the principal, while interest payments. Choose not to check-out, and less than 3% of the paying back the principal part of the supplement by the consumer, rather than 3% of the burden of paying back the principal by the developers, property rights will belong to the consumer. In addition, consumers who have objections to the housing area, but also commissioned a qualified institutional mapping with corresponding mapping.

Not obtained for individual developers to "pre-sale permit" circumstances, the violation charged, "pre-paying back the principal," although there is made of pre-sale permit, but there is a room of selling, fake mortgages, do not follow regulation of contract-house sales and other illegal acts, the new "Regulations" A number of provisions are to be put a definitive end. If the provisions of Article XI third, pre-sale of commercial housing have not obtained "pre-sale permit", and may not be sold. In order to effectively do so, the new "Regulations" Diershitiao also requires commercial housing developers through online pre-sales management system for sales of newly built commercial housing, commercial housing sales contracts entered into online, on-line contract records. As a result, will make a room more than to sell, do not follow normative acts of house sales contract no place to hide. For Yu Shoukuan, the new "Regulations" also made the provisions of Article XIX, developers apply for permits before the pre-sale, to set up a dedicated bank account to ensure that Yu Shoukuan used in engineering construction, shall not be diverted.

In order to regulate the real estate intermediary services, the new "Regulations" also made a number of requirements, first of all is to ask the intermediary services, intermediary services, staff must obtain qualification certificates before they engage in the service, municipal premises, is responsible for specific training programs. Meanwhile, the new "Regulations" also clearly pointed out the intermediary service organizations and their personnel is a violation of the six acts: forgery, alteration, transfer, lease intermediary service qualification certificate, registration certificate of qualification, qualification registration Zhang; in the sale of second-hand housing agent to the client to hide the real estate transaction price, to earn the illegal spread; real estate advertising and publishing false information, to obtain illegal gains; a party to collusion with the interests of the damage to the other party; in more than two registered real estate agency practice; provisions of laws and regulations shall not engage in other activities.

In addition to the above-mentioned illegal market behavior for the corresponding strategies to make, the new "Regulations" is also looking to right to transfer land use rights obtained Yigougongfang, made the transfer of affordable housing requirements for the transfer of property to be paid total 1% of the land use right transfer fee. Defined by the fitness room purchase, and listing of relevant regulations.