Beijing issues new regulations on the sale of second-hand houses: it can be negotiated who will pay the agency fee.

  Last March was a big policy aimed at regulating the property market and stabilizing expectations, and this March was an intimate little detail involving market transactions. Following the release of the official version of the second-hand housing contract between buyers and sellers, the Beijing Municipal Commission of Housing and Urban-Rural Development issued three documents concerning housing agencies last night, aiming at regulating the second-hand housing market, clarifying for the first time the relationship between the sale of stock houses and the brokerage services, and clarifying the rights and obligations of real estate brokers and buyers and sellers.

  All three documents will be implemented on April 15th. According to the contents of the document, the charging standard of second-hand housing intermediary service is determined by the entrusting party and the entrusted party through consultation based on the service content, service cost, service quality and market supply and demand; There is no clear requirement for who will pay the service fee, and it is also agreed by the parties to the transaction themselves.

  The charging standard of agency fee shall be settled through negotiation.

  In addition to the Notice on Strengthening the Administration of Filing and Publicity of Business Sites of Beijing Real Estate Brokerage Agencies, this time, the model texts of Beijing Stock House Sale Brokerage Service Contract and Beijing Stock House Purchase Brokerage Service Contract were also released.

  "Sale contract" refers to the contract signed by the second-hand house seller and the housing agency, while "off-take contract" refers to the contract signed by the buyer and the housing agency. That is to say, starting from April 15th, buyers and sellers of second-hand houses in Beijing will sign contracts with intermediaries separately.

  The reporter learned from a number of intermediaries that there have been practices in which intermediaries have signed contracts or agreements with buyers and sellers before. However, it is found that the official version is more comprehensive and standardized in content.

  Especially on the issue of agency fees. Both the sale contract and the off-take contract are marked with a "service fee". Does this mean that there will be a new attempt to collect agency fees? Previously, an intermediary in Tianjin has tried to share the burden between buyers and sellers. Will Beijing follow up? How to determine the charging standard?

  Judging from the current market trading habits, the brokerage service fee is mainly borne by the buyer. "There is no clear requirement for who will pay the brokerage service fee, which is agreed by the parties to the transaction." Li Wenjie, president of the Beijing Real Estate Agency Industry Association, explained that according to the Measures for the Administration of Real Estate Brokers, the same real estate brokerage business can only be charged according to one business, and no additional fees can be charged to the clients. Therefore, brokerage institutions sign sales and off-take contracts with clients respectively. No matter whether the brokerage service fees are paid by both parties or by one of them, brokerage institutions cannot increase the fees.

  As for the charging standard, Li Wenjie said that the state and Beijing Municipality stipulate that the real estate brokerage service fee shall be subject to market-regulated price management, and the charging standard shall be determined by the entrusting party and the entrusted party through consultation according to the service content, service cost, service quality and market supply and demand. Therefore, in the model contract, there is no definite standard, but it is left to negotiation in the transaction.

  Buyers and sellers also have to pay intermediary fees for "string orders"

  What needs to be reminded to buyers and sellers is that even if no transaction is finally reached with the intermediary after entrustment, they may have to pay the corresponding intermediary fee, which is listed in the contract model through "liability for breach of contract".

  For buyers, they have given up the right to entrust other intermediaries to buy a house at the same time (exclusively entrusted to an intermediary), but they bought a house through other intermediaries during the entrustment period; The buyer refuses to sign a transaction contract with the seller introduced by the entrusted intermediary, but makes a transaction with the seller within the agreed time after the expiration of the entrustment period; The buyer refuses to sign a contract with the seller introduced by the entrusted intermediary, but after the expiration of the entrusted period, he has to pay the intermediary fee to the entrusted intermediary in accordance with the contract.

  For the seller, he has given up the right to entrust other intermediaries to sell the house (exclusively entrusted to an intermediary), but sold the house through other intermediaries during the entrustment period; Has given up the right to sell by itself, but sells the house by itself within the entrustment period; Has refused to sign a transaction contract with the buyer introduced by the entrusted intermediary, but has made a transaction with the buyer within the agreed time after the expiration of the entrusted period; We have refused to sign a transaction contract with the buyer introduced by the entrusting intermediary, but within the agreed time after the expiration of the entrustment period, we have made a transaction with the buyer through other intermediaries. If the entrusting intermediary has evidence to prove that there is a direct causal relationship between the transaction of the house and the brokerage service for the sale of the existing house, we need to pay the intermediary fee to the entrusting intermediary in accordance with the contract.

  The contract can be terminated if it is infringed by false information.

  According to the liabilities for breach of contract listed in the two contracts, if the intermediary entrusted by the buyer or the seller infringes on the interests of the buyer or the seller by concealing or fabricating information, the intermediary shall refund the collected real estate brokerage service fee and bear the liability for compensation according to law, and the buyer and the seller also have the right to unilaterally terminate the contract.

  However, if the buyer or seller provides false housing information and materials, the intermediary also has the right to unilaterally terminate the contract.

  In addition, the model contract also makes it clear that if the contract cannot be performed as agreed due to force majeure, the liability may be exempted in part or in whole according to the influence of force majeure, but the party that fails to perform the contract as agreed due to force majeure shall inform the other party in time.

  The model text of the stock house sale and off-take brokerage service contract will be promoted and implemented together with the model text of the Stock House Sales Contract released in the early stage, and will be officially put into use from April 15, 2018.

  The person in charge of the Municipal Commission of Housing and Urban-Rural Development previously introduced that since March last year, a total of 532 intermediaries operating in violation of regulations have been cancelled for the record, 351 intermediary stores operating in violation of regulations have been shut down, and 240 stores have shut down by themselves, which has formed a powerful shock to market violations.

  "If last year was ‘ Law enforcement supervision year ’ , then this year will become ‘ Year of system construction ’ The service supervision of government departments on the real estate brokerage industry will continue to advance in the direction of deepening, refinement and long-term. " Yin Fei, dean of the School of Law of the Central University of Finance and Economics, said that the policy documents issued by the Municipal Housing Construction Committee and relevant departments this year have comprehensively strengthened the management of intermediaries by improving policies and regulations, strengthening institutional mechanisms, and guiding the use of contract model texts.

People are healthy only when they live a breath.

  As the old saying goes, "When people live a breath, all diseases disappear." Traditional Chinese medicine believes that qi is the basic energy that constitutes life, and life lies in the movement of qi, which leads to smooth blood and long life.

  Everyone should have felt this way. When the qi and blood are smooth, not only the body is unobstructed, the mood is happy, the appetite is good, and the sleep is fragrant, but even the work efficiency is improved a lot.

  When the gas is not smooth, I always feel that I am stuck in my chest, feeling bored and depressed. Sometimes it will be accompanied by symptoms such as swelling and pain, poor appetite, inability to eat, abnormal stool and unsmooth defecation. I’m listless all day, and I’m not interested in doing anything.

  Speaking of regulating qi, the first thing that comes to my mind is the qi-regulating agent strictly used by famous doctors in Song Dynasty: Simotang. Not long ago, colleague Zhang Jie took this prescription.

  After the Chinese New Year this year, Zhang Jie often feels breathless. Whenever something happens, she feels chest tightness and chest pain, and she can’t get out with one breath. Her heart beats faster and she is panting. Sometimes she is so serious that she can’t speak.

  There have also been some changes in my body, my stomach is swollen, but I don’t feel comfortable, and I often have constipation. I have no appetite for eating, and I feel full after eating a little.

  With years of medical experience, Zhang Jie decided to take Simotang. After two weeks, I obviously felt that people’s spirit had improved a lot, even the voices talking to us were much louder, and the whole person became energetic.

  Liqi Simo Decoction

  The aforementioned Simo Decoction is called the eternal magic prescription for regulating qi and relieving adverse reactions, and it is named because it is made of four kinds of medicinal materials, namely Aquilaria Resinatum, Linderae, Areca catechu and Ginseng, which are ground and boiled into soup. It was first recorded in Ji Sheng Fang by Mr. Yan Yonghe.

  Simotang

  Original text: "Si Mo Tang cures seven emotions, breathes when breathing, and prevents boredom."

  Indications: Simo Decoction is mainly used to treat the symptoms of boredom and indigestion caused by stagnation of liver qi, changes of seven emotions, wheezing and aversion to qi, and lack of temper.

  Prescription: 10 grams of ginseng, 10 grams of linderae, 5 grams of agarwood and 15 grams of betel nut.

  Because these medicinal materials are hard in texture, they can only produce medicinal properties if they are decocted for a long time, but if they are decocted for a long time, the medicinal properties will be reduced because the smell will be emitted. The ancient grinding method was adopted.

  Simply put, each medicinal material is ground separately, and then decocted and taken warm, which can not only retain the medicinal properties, but also avoid excessive attack and tonic. Because the preparation method is relatively cumbersome, it is suggested to buy Chinese medicines in the market, such as Simotang oral liquid, under the entrustment of doctors.

  Addition and subtraction of drugs: According to clinical experience, Chinese medicine removed ginseng and added two Chinese herbal medicines, Radix Aucklandiae and Fructus Aurantii Immaturus, on the basis of Simo Decoction.

  3g of Linderae, 3g of Aquilaria Resinatum, 3g of Areca catechu, 3g of Radix Aucklandiae and 3g of Fructus Aurantii Immaturus. Grinding clothes with white wine. Therefore, this prescription is called "Wu Mo Yin Zi".

  In order to facilitate memory, there is a prescription that says, "Four grinding can also cure the invasion of seven emotions, and ginseng can be mixed with black medicine and Penang, and it can be decocted with concentrated grinding to adjust the qi, or bitter orange can be added to make ginseng easy." Go to join in the woody bitter orange, and five grinds to drink white wine. "

  The difference between the two: Simo Decoction and Wumo Decoction can both regulate qi, reduce adverse qi and relieve depression. The difference is that Simo Decoction is mild in medicinal properties, while Wumo Decoction is strong in medicinal properties. It is used in patients with special conditions such as asthma and fainting. It is used with caution for patients with strong body and sufficient qi, and for patients with old age, infirmity and qi deficiency.

  Analysis of prescription: the Lindera root in Simo decoction is the monarch drug, while Aquilaria Resinatum, Areca catechu and Ginseng are all ministers drugs. Radix Linderae has a pungent and warm taste, which can promote qi circulation, while pungent can disperse qi. Wen Xin combines, while Xing San complements each other. And agarwood can reduce adverse qi and relieve asthma, and stop vomiting by warming. It mainly plays the role of reducing adverse qi.

  Areca catechu can break the knot and eliminate stagnation, swim underwater, and play the role of breaking the knot. The three herbs complement each other, promoting qi, dispersing qi, lowering qi and breaking qi in turn, and finally achieving the effect of regulating qi.

  However, qi is the treasure of the body, and it will also consume vital qi when it is broken. Ginseng is a commonly used medicinal material for invigorating qi, which can greatly replenish vitality, strengthen spleen and stomach, promote fluid production and soothe the nerves. So as to achieve the best effect of collecting in the scattered and supplementing in the line.

Betel nut, break knot and eliminate stagnation, and swim underwater.

  applied range

  In addition to treating patients with emotional diseases caused by stagnation of liver-qi and changes of seven emotions, Simo Decoction is also commonly used to treat the following diseases.

  Superficial gastropathy

  The disharmony of qi between spleen and stomach leads to disharmony between liver and stomach, which is characterized by more belching and abdominal pain.

  In Chinese medicine, it is believed that there are two kinds of qi in a person’s body, namely, temper and stomach qi, and the temper dominates the ascending, which is in charge of the subtle qi transformed by Shui Gu; Stomach qi mainly decreases, which is the turbid gas produced after the grain is decomposed.

  One liter and one drop to ensure smooth airflow. Once the spleen and stomach are out of harmony, what should rise does not rise, and what should fall does not fall, which is manifested in the stomach, that is, the stomach is full, likes to burp, and does not want to eat. After a long time, it will damage the stomach function.

  In Simo Decoction, ginseng is used to invigorate qi, betel nut disperses qi, agarwood lowers qi, and linden is used to temper. Promoting qi without hurting it, dispersing qi without consuming it, can reconcile the qi of the spleen and stomach, and fundamentally treat this kind of stomach disease.

  Diseases of digestive system

  It is characterized by abdominal discomfort, abdominal pain and bloating, abnormal stool, changes in the frequency and shape of stool, and sometimes constipation or diarrhea.

  As mentioned earlier, the spleen and stomach are out of harmony, and qi stagnation in the middle jiao is reflected in the fact that the stomach will cause stomach diseases, which is reflected in the intestines, and the direct manifestation is the disorder of the digestive system.

  Without the promotion of qi, decomposed grains accumulate in the intestine and are difficult to be excreted normally. Simo decoction can promote qi circulation, soothe the liver, lower qi and moderate qi, and open up digestive channels. Therefore, this prescription is often used to treat children’s functional constipation.

  Bronchitis asthma

  It is characterized by chest tightness, shortness of breath, dyspnea, easy cough and expectoration. At night, I will feel that my breathing is not smooth and my sleep is not real. When you are cold and overworked, your condition will get worse.

  When the strength is insufficient and the qi is not smooth, the lung qi is easy to be insufficient, which leads to some respiratory diseases, the most common of which is bronchitis and asthma. The use of Simo decoction based on syndrome differentiation can achieve the effect of invigorating qi and promoting qi circulation, thus alleviating related diseases.

  Precautions: pregnant women, intestinal obstruction, digestive tract surgery and other people should not take it. The specific dosage and suggestions for adding or subtracting some drugs should follow the doctor’s advice, especially for children, according to the actual situation.

  Small coup of smoothing the air

  Qi plays a very important role in our life, which not only determines the quality of our life, but also affects the length of our life.

  Only by cultivating the habit of "regulating qi" in daily life can we truly "prevent the slow progress" and stay away from diseases. What are the methods of not managing qi and keeping it in order every day?

  Massage acupoint method

  The "Taichong point" on the sole of the foot is also known as the "Qi-eliminating point" that comes with the human body. People who are often sulking and anxious and depressed can expel the turbid qi of the body and get through the veins everywhere by pressing this point.

  The specific location is in the gap between the first toe and the second toe, about three horizontal toes down, and the depression between the first and second metatarsals.

  You can soak your feet in warm water for 10 to 15 minutes, then find Taichong point and press it with your fingertips to feel the acid swelling as the appropriate force. Pressing for 10 to 15 minutes before going to bed every day can regulate qi and help sleep.

  Diet conditioning method

  Boiling water or soup with white radish can well reduce qi, stop adverse reactions, strengthen stomach and ventilate, preferably once a week. In addition, you can use roses, orange peel and hawthorn slices to soak in water instead of tea, which can also relieve depression, regulate qi and relieve pain. Try to avoid eating spicy, stimulating, fatty and indigestible food.

Keywords white radish, diet conditioning, stomach strengthening and ventilation

This article is from China Traditional Chinese Medicine.

Five departments jointly issued the "Measures for the Implementation of Individual Pensions"

  Xinhua News Agency, Beijing, November 4 (Reporter Jiang Lin) The Ministry of Human Resources and Social Security, the Ministry of Finance, State Taxation Administration of The People’s Republic of China, China Banking and Insurance Regulatory Commission and the China Securities Regulatory Commission jointly issued the Measures for the Implementation of Individual Pensions on November 4, which made specific provisions on the participation process, fund account management, organization and product management, information disclosure, supervision and management of individual pensions.

  According to Jia Jiang, deputy director of the Pension Insurance Department of the Ministry of Human Resources and Social Security, personal pension is a supplementary pension insurance system supported by government policies, voluntary participation by individuals and market-oriented operation. Workers who participate in the basic old-age insurance for urban workers or the basic old-age insurance for urban and rural residents in China can participate.

  The method is clear. Participants who participate in personal pensions should open personal pension accounts on the information platform through the national unified online service portals such as the national social insurance public service platform, the national human resources and social security government service platform, the electronic social security card, the handheld 12333App and other commercial bank channels. After that, choose a commercial bank that meets the requirements to open or designate my only personal pension fund account.

  "These two accounts are unique and correspond to each other. These two accounts can be opened at one time through commercial bank channels. " Jia Jiang said that the funds in the account can be used to purchase qualified wealth management products, savings deposits, commercial endowment insurance and Public Offering of Fund.

  The method stipulates that the maximum amount of personal pension paid by participants each year is 12,000 yuan. Personal pension fund accounts are closed, and participants can receive personal pensions when they reach the age of receiving basic pensions, or completely lose their ability to work, go abroad (settle down), and meet other circumstances stipulated by the state.

  In order to safeguard the interests of participants, the measures emphasize that sales organizations should make risk warnings based on the principle of "sales appropriateness" and should not actively introduce personal pension products beyond their risk tolerance to participants.