Laws Information

法規資訊
Title: Real Estate Broking Management Act
Am Date: 2011-12-30
Legislative History: Amended and Promulgated by letter Hua-Zong-1-Yi No.10000294941 of President on December 30, 2011; revising Article 29; adding Article 24-1,24-2.

Transaction

Amendment

Article 24-1
For trading and rental of Appointed Cases, a brokerage agency should declare the real estate transaction information to the administration office after signing the trading contract and completing the ownership transaction registration or the signing of the rental contract within 30days.
For the consigned case of tenant-builders or the building industry, a sale agency should declare the real estate transaction information to the administration office at the expiration of the consigned contract or termination within 30 days.
Upon accepting the declared real transaction information in the preceding two paragraphs, the central administration office may authorize its subordinate authority to handle the matter.
Except for personal information, the government may utilize the registered transaction information of the preceding three paragraphs to provide the district a basis of the real estate transaction information for inquiry without revealing personal data.
The registered real estate transaction price information shall become a basis for taxation only until complementary laws are enacted.
Rules of the registered types and contents in the preceding first and second paragraphs and the provision of information contents, ways, fees and other matters to follow in the preceding fourth paragraph shall be formulated by the central administration office.

Article 24-2
A brokerage agency by trading or rental of parties in a written agreement, may accept both commissions and practice in accordance with the following prescriptions:
1. Provide fair prices to the parties similar to the real estate transaction prices.
2. Provide fair contract description to the parties.
3. Provide the buyer or lessee of real estate necessary information.
4. Inform the buyer or lessee in accordance with agency profession to check on real estate defects.
5. Assist the buyer or lessee of real estate to carry out the necessary checks.
6. The prescription by the central administration office for the protection of the parties of the trading or the rental.
Article 29
The brokerage agency, which violates this act, shall be penalized according to the following regulations:
1. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the administration office shall be fined between thirty thousand and one hundred and fifty thousand NT dollars.
2. Those who violate Items Ⅰ,Ⅱof Article 24-1 or Article 24-2, shall be fined between thirty thousand and one hundred and fifty thousand NT dollars.
3. Those who violate Article7 ( 6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined between sixty thousand and three hundred thousand NT dollars.
4. Those who violate Article 7 (3) and (4) or Article 8(4) shall be suspended. Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the broking agency shall be abolished.
Those who are fined according to sections 1 ,2 or 3 above and who have not rectified themselves within the time limit shall receive be penalized each time.
The enforcement date for Article 24-1,24-2 and the second part of the first paragraph of this Act is enacted by Executive Yuan.