First, the necessity of real estate transfer and lease
The transfer of real estate includes the transfer of house ownership and the transfer of land use right, which means that the house owner or the land use right person transfers his house ownership and land use right (real estate for short) to others through buying, selling, exchanging, giving or other legal means. Other legal ways include making investment with real estate at a fixed price, making shares at a fixed price, paying off debts, etc. Real estate leasing includes house leasing, land leasing and land use right leasing. It is the behavior that the house owner, the land owner (state or collective economic organization) and the land use right owner rent their real estate to the lessee as lessors, and the lessee pays the rent to the lessor.
Second, the necessity of real estate mortgage
Real estate mortgage means that the debtor or the third party does not transfer the possession of real estate, and takes real estate as a guarantee to fulfill the debt. When the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor shall give priority to compensation with the price of the real estate discount or auction or sale according to law.
Because real estate has the characteristics of immovability, long service life, value preservation and appreciation, and great value, it is a good property used to guarantee debt performance. The appraisal institution evaluates the objective and reasonable value of the mortgaged real estate, and provides reference for it to determine the amount of real estate mortgage loan.
The demand of real estate mortgage for real estate appraisal can be summarized as follows:
(1) Initial mortgage evaluation, that is, to evaluate the value of the property without mortgage.
(2) Re-mortgage valuation, that is, if the mortgaged real estate is mortgaged again, evaluate the value of the real estate. Article 35 of the Guarantee Law stipulates: "If the value of the mortgaged property is greater than the balance of the secured creditor's rights, it may be mortgaged again, but it shall not exceed the balance."
(3) Renewed mortgage valuation, that is, after the mortgage loan expires, if it continues to be mortgaged to the same mortgagee, the value of the real estate is evaluated.
(4) Valuation during mortgage, that is, monitoring and evaluating the market price, market value, mortgage value and other prices or values of mortgaged real estate regularly or when the market price of mortgaged real estate changes rapidly and the situation of mortgaged real estate changes greatly.
(5) Disposal and valuation of mortgaged real estate, that is, if the debtor fails to perform the due debt or the parties agree to realize the mortgage, it is necessary to discount, auction or sell the mortgaged real estate, and provide relevant references for discount, auction or sale to evaluate the market value of the real estate.
Third, the need for real estate tax.
At present, there are 10 taxes related to real estate in China, of which five are specially set for real estate, namely property tax, urban land use tax, cultivated land occupation tax, deed tax and land value-added tax, and the other five are taxes with universal adjustment functions, namely value-added tax, urban maintenance and construction tax, enterprise income tax, personal income tax and stamp duty. Among these taxes, except for urban land use tax and cultivated land occupation tax, which are levied according to the area, there is no need for real estate evaluation, and other taxes all need real estate evaluation to some extent.
In real estate taxation, if taxpayers think that the tax basis approved by the tax authorities is unreasonable, they can entrust a real estate appraisal agency to evaluate the value of real estate in order to persuade the tax authorities to re-approve the tax basis.
Fourth, the need of real estate expropriation and requisition.
The similarity between expropriation and expropriation is that they are both for the public interest, mandatory, subject to legal procedures and compensation according to law. The difference is that expropriation is a change of ownership and a "forced purchase"; Expropriation is only a change in the right to use. After the expropriated property is used, it should be returned to the expropriated person, which belongs to "compulsory lease".
The expropriation of real estate should not only compensate for the use (the compensation amount is equivalent to the rent), but also compensate according to the actual loss if the real estate is damaged or lost after expropriation. To determine the above compensation amount for expropriation, it is necessary to provide the basis for real estate evaluation. For example, the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the compensation given to the expropriated person includes compensation for the value of the expropriated house. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. If the expropriated person chooses to exchange property rights, the people's government at the city or county level shall provide houses with property rights exchange, and calculate and settle the difference between the value of the expropriated house and the value of the houses with property rights exchange with the expropriated person. Specifically, if the expropriated person chooses monetary compensation, it is necessary to evaluate the value of the expropriated house (including the expropriated house and its land use right and the value of other real estate belonging to the expropriated person, the same below) to provide a basis for determining the amount of monetary compensation; If the expropriated person chooses to exchange property rights, it is necessary to evaluate the value of the expropriated house and the house used for property rights exchange (including the house used for property rights exchange and the land use right in the occupied area and other real estate used for property rights exchange, the same below), so as to provide a basis for calculating the difference between the house value expropriated and the house value used for property rights exchange (hereinafter referred to as the difference of property rights exchange).
In the expropriation and requisition of real estate, it is necessary to evaluate not only the value and rent of real estate, but also the relocation expenses, temporary resettlement expenses and losses caused by the expropriation and requisition of real estate.
Five, the needs of real estate judicial auction
Compulsory auction of real estate by the people's court, that is, judicial auction of real estate, should not only prevent the low-price auction of real estate from harming the legitimate interests of the executed person, but also prevent the auction reserve price from being set too high to realize the creditor's rights. It is necessary to evaluate the market value or market price of the auctioned real estate to provide reference for the people's court to determine the auction floor price.
Sixth, the demand analysis of real estate separation
Generally speaking, real estate should not be divided in kind, because it is usually difficult to divide real estate in kind or use it. If it is divided in kind, it will usually seriously damage the use value of real estate or obviously reduce its value. Therefore, discount, auction and sale are generally adopted, and then the proceeds from discount, auction and sale are distributed.
Sometimes, even if the method of physical segmentation can be adopted, because the real estate is heterogeneous, there are often differences in size and quality after segmentation, and it is necessary to "refund more and make up less" with cash or cash equivalents. These all need real estate appraisal to provide value reference.
Seven, the necessity of real estate damage compensation
The damage to real estate is diverse and complicated, mainly including:
(1) polluted other people's property. For example, high-voltage lines and substations are set up to pollute nearby houses by radiation, viaducts, railways and airports are built, or frequent vibration pollutes surrounding houses by noise or vibration, and harmful substances leak or discharge soil, water and air that pollute real estate.
(2) New buildings will affect the ventilation, lighting, sunshine, landscape and vision of adjacent houses. Article 89 of the Property Law stipulates: "The construction of buildings shall not violate the relevant national engineering construction standards, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings."
(3) Accidentally damaging adjacent buildings during construction. For example, foundation excavation, deformation of doors and windows of nearby houses, cracking, inclination and collapse of walls.
(4) The house quality defect causes losses to the buyer. For example, after the pre-sale of commercial housing is delivered, it is found that the height, waterproof, thermal insulation, sound insulation and indoor air quality do not meet the standards agreed in the contract or national standards, and the real estate development enterprise is required to pay compensation without returning the house.
(five) the revision of urban and rural planning has caused losses to the legitimate rights and interests of real estate owners. Article 50 of the Urban and Rural Planning Law stipulates: "After the issuance of site selection opinions, construction land planning permits, construction project planning permits or rural construction planning permits, if the urban and rural planning is modified according to law, and the legitimate rights and interests of the licensee are damaged, compensation shall be given according to law. The general plan of the construction detailed planning and construction project design approved according to law shall not be modified at will; If it is really necessary to amend, the competent department of urban and rural planning shall take the form of hearings and listen to the opinions of interested parties; If the amendment causes losses to the legitimate rights and interests of interested parties, it shall be compensated according to law. "
(6) Improper restrictions on the exercise of real estate rights have caused losses to real estate rights holders. For example; Wrong seizure, improper objection registration, etc. Causing damage to real estate owners. Article 19 of the Property Law stipulates: "If improper registration of objections causes damage to the obligee, the obligee may claim damages from the applicant."
(7) Failure to perform the contract (e.g. failure to supply and contribute as scheduled as agreed in the contract). ) causing others to stop or delay the completion of the project, causing losses to others.
(eight) the illegal approval of the requisition and use of land has caused losses to the parties. Article 78 of the Land Management Law stipulates: "If a unit or individual who has no right to approve the expropriation and use of land illegally approves the occupation of land, exceeds the approval authority, fails to approve the land according to the purpose determined in the overall land use plan, or approves the land in violation of the procedures prescribed by law, its approval document is invalid", and "If the expropriation and use of land are illegally approved and losses are caused to the parties concerned, it shall be liable for compensation according to law".
(nine) other real estate damage. Such as man-made fire, explosion, pile collapse and so on. Causing damage to other people's houses. Renting someone else's house, the house died abnormally, resulting in the house being a "murderous house" and the value of the house being damaged.
The above-mentioned real estate damage needs to assess the value loss of the damaged real estate and related economic losses (such as other property losses caused by real estate damage, relocation expenses, temporary resettlement expenses, loss of production and business suspension, etc. ), so as to provide reference for settlement, mediation, arbitration and litigation to determine compensation or compensation amount.
Eight, the necessity of real estate insurance
Real estate, especially buildings, may be damaged or lost due to natural disasters or accidents such as fire, explosion, lightning, storm, debris flow, sudden ground collapse, rock collapse, sudden landslide or falling objects in the air, so insurance is needed. Real estate insurance needs real estate appraisal. First, it is necessary to evaluate the actual value of the subject matter insured at the time of insurance, so as to provide reference for the insured and the insurer to agree on the insured value and the insured amount of the subject matter insured. Second, after the insurance accident, it is necessary to evaluate the property losses caused by the insurance accident to provide reference for the insurer to determine the amount of compensation insurance. In addition, if the insured value of the subject matter insured is obviously reduced during the insurance period, it is necessary to evaluate the insured value of the subject matter insured, so as to provide reference for taking relevant remedial measures.
Nine, the need for paid use of state-owned land
The paid use of state-owned land includes the transfer, lease, contribution (share) and authorized operation of the right to use state-owned construction land, which requires evaluation services. As far as the assignment of the right to use construction land is concerned, it is the behavior that the state, as the land owner, assigns the right to use construction land to the land users within a certain period of time, and the land users pay the paid land use fee (referred to as the transfer fee) to the state. At present, there are bidding, auction, listing, agreement and other ways to transfer the right to use construction land. All these methods need to evaluate the land to be sold, and provide reference for the administrative departments of land and resources of the people's governments of cities and counties (hereinafter referred to as the transferor) to determine the corresponding reserve price (generally the lowest price acceptable to the transferor) or the corresponding reserve price (generally the highest price affordable to the intended land users).
For example, in the tender transfer, the transferor needs to determine the tender reserve price, and the bidder needs to determine the tender offer price. In auction transfer, the transferor needs to determine the auction reserve price (reserve price), and the bidder needs to determine his highest bid (highest bid or highest bid). In the listing transfer, the transferor needs to determine the listing base price, and the bidder needs to determine his highest offer. In the agreement transfer, the transferor needs to put forward the transfer price and determine the lowest price of the agreement transfer, and the land user needs to determine his highest bid. In addition, the units and individuals who intend to use the land listed in the bidding, auction and listing transfer plan and put forward the pre-application for land use need to promise the land price they are willing to pay; The transferor needs to determine whether the promised land price is acceptable.
X. Enterprise demand related to economic behavior
Enterprise restructuring, listing, asset reorganization, asset replacement, property right transfer, leasing, joint venture, cooperation, foreign investment, merger, division, liquidation and other economic activities. It is often necessary to evaluate the whole assets of an enterprise or the real estate in it, so as to provide reference for relevant decision-making, accounting measurement, information disclosure, supervision and management.
(1) Enterprise restructuring refers to the whole or partial restructuring of state-owned enterprises or collective enterprises and institutions into limited liability companies, joint-stock companies or joint-stock cooperative systems.
(2) The listing of an enterprise refers to the behavior of a joint stock limited company to publicly issue shares and trade them on the stock exchange in accordance with the provisions of laws and regulations and the procedures required by the securities regulatory authorities, so as to finance the development of the enterprise.
(3) Enterprise assets reorganization refers to the reorganization of existing assets within the same enterprise or between different enterprises according to the needs of business restructuring.
(4) Enterprise asset replacement refers to the exchange of all or part of an enterprise's assets with all or part of another enterprise's assets.
(5) The transfer of enterprise property right refers to the behavior of the enterprise property right holder to transfer the enterprise property right he holds to others (natural persons, legal persons or other organizations) for compensation. In the transfer of enterprise property rights, the transferor needs to evaluate to provide reference for determining the asking price, and the transferee needs to evaluate to provide reference for determining the bidding price.
(6) Enterprise leasing refers to the behavior that the owner of an enterprise transfers the right to use all or part of its assets to other business users in the form of collecting rent within a certain period of time.
(7) A joint venture means that two or more enterprises jointly contribute to set up another company and share the equity to develop a new product, new technology or new business. Among them, enterprises that use real estate or non-monetary property mainly based on real estate usually need real estate appraisal services.
(8) Enterprise cooperation refers to the mode of operation in which different enterprises * * * jointly develop products or markets through agreements or other joint ways, and * * * enjoy the benefits to gain overall advantages. For example, one party provides land and houses, and the other party or parties provide funds and equipment for relevant joint ventures and cooperation, and then all parties distribute relevant economic benefits according to a certain proportion. In this case, it is necessary to evaluate the value of the land and houses provided in order to compare them with the value of the funds and equipment provided, so as to provide reference for determining the distribution ratio of economic benefits of all parties.
(9) Foreign investment of enterprises refers to the behavior of enterprises investing in other units in the form of money, physical objects, intangible assets, or the purchase of securities such as stocks and bonds. Among them, enterprises that invest in real estate or non-monetary property based on real estate usually need real estate appraisal services.
(10) Business combination refers to the act of merging two or more enterprises into one enterprise. Enterprise merger includes absorption merger and new merger. Absorption merger refers to the merger of two or more enterprises, in which one enterprise absorbs other enterprises and survives, and the absorbed enterprise is dissolved. New merger refers to the merger of two or more enterprises to form a new enterprise, and the parties to the merger are dissolved. In reality, one of the motives for an enterprise to merge with other enterprises is to take a fancy to the site (land or house) of the merged enterprise in order to obtain the place needed for enterprise development. In this case, it is necessary to evaluate the value of the absorbed enterprise or its real estate according to the specific situation.
(1 1) Enterprise separation refers to the act that an enterprise is divided into two or more enterprises. If an enterprise is divided, its property needs to be divided accordingly, so it needs to be evaluated to provide reference for property division.
(12) enterprise liquidation refers to the liquidation and disposal of enterprise property when the enterprise is closed due to violation of laws and regulations, the investor decides to dissolve, is declared bankrupt according to law, the business term stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association occur.
In addition, according to the needs and requirements of accounting measurement, relevant information disclosure and relevant supervision, the fair value of real estate in enterprise operation is evaluated, such as real estate valuation for financial reporting.
XI。 Real estate management demand
The Urban Real Estate Management Law puts forward the following requirements for real estate management:
(1) Article 13 stipulates: "The leasing fee for transferring the land use right agreed by both parties shall not be lower than the lowest price determined according to national regulations"-but how to determine the lowest price needs to provide valuation reference.
(2) Article 18 stipulates: "If the land user needs to change the land use agreed in the land use right transfer contract, the land use right transfer fee shall be adjusted accordingly"; Article 43 stipulates: "If the land use right is obtained by means of transfer, and the transferee changes the land use agreed in the original land use right transfer contract after the transfer of real estate, the land use right transfer fee shall be adjusted accordingly". However, how to adjust the land use right transfer fee accordingly (that is, how much to change the land use right transfer fee) needs to provide reference for valuation.
(3) Article 33 stipulates that "benchmark land price, demarcated land price and replacement price of various houses shall be determined and announced regularly"-but how to determine benchmark land price, demarcated land price and replacement price of various houses needs to be evaluated for reference.
(4) Article 35 stipulates: "When transferring real estate, the real estate owner shall truthfully declare the transaction price to the department designated by the local people's government at or above the county level, and shall not conceal or falsely declare it"-but how to judge whether the transaction price declared by the real estate owner is false needs to provide valuation reference.
(5) Article 40 stipulates: "If the land use right is obtained by allocation, the land use right transfer fee shall be paid in accordance with the relevant provisions of the state when the real estate is transferred", or "the land proceeds from the real estate transfer shall be turned over to the state or handled separately according to the provisions of the State Council"; Article 51 stipulates: "The right to use the land mortgaged by real estate is obtained by allocation. After auctioning real estate according to law, pay the amount equivalent to the payable land use right transfer fee from the auction proceeds "; Article 55 stipulates: "If a house owner rents out a house built on state-owned land that has acquired the land use right by way of allocation, he shall turn over the land income contained in the rent to the state"-but how to determine the amount of land use right transfer fee that should be paid, how to know how much of the income from the transfer of real estate is land income, how to know how much of the auction price is land use right transfer fee, and how to know how much land income is included in the rent of the rented house needs to provide reference for valuation.
(6) Article 52 stipulates: "After the signing of the real estate mortgage contract, the newly-added houses on the land are not mortgaged property. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no priority to be compensated for the proceeds from the auction of the new houses "-but how to know how much of the proceeds from the auction together are the proceeds from the new houses needs to be evaluated and provided with reference.
Twelve. Other requirements
In addition to the above list, there are many needs for real estate appraisal, such as:
(l) Valuation required by real estate securitization. For example, real estate investment trusts (REITs) need to be evaluated. According to the needs of the real estate investment trust fund's listing, operation management, delisting and related information disclosure, the present situation, market research and value evaluation of the houses held or planned to be held by the real estate investment trust fund and the land, supporting facilities and equipment and other related properties (hereinafter referred to as trust property) occupied by it are carried out.
(2) Identification of property certificates required for emigration.
(3) In activities such as real estate expropriation, judicial auction, and compensation for damages, it often happens that the parties have objections to the compensation amount, auction reserve price, compensation amount, or appraisal results or appraisal reports for reference. For example, in the process of house expropriation, there will usually be cases where the expropriated person has objections to the value of the expropriated house determined by the assessment, thus requesting a review of the assessment or appraisal. In the judicial auction of real estate, the person subjected to execution usually disagrees with the evaluation value that provides a reference for the people's court to determine the auction reserve price, and thinks that the evaluation value is too low, which leads to the low-priced auction of his property, thus requiring the evaluation result or evaluation report to be reviewed or appraised.
(4) For all kinds of violations of law and discipline involving real estate, when weighing the seriousness of the case, we should usually consider not only the physical quantity (such as area) of the real estate involved, but also the value of the real estate involved. For example, accepting the value of real estate is an important basis for the conviction and sentencing of "accepting bribes" by state staff illegally accepting other people's real estate. ① Whether the crime of illegally transferring the right to use state-owned land at a low price exists or not, and the low price degree of the crime of illegally transferring the right to use state-owned land at a low price. Leading cadres are suspected of taking advantage of their powers and positions to buy commercial housing at a price significantly lower than the market price for illegitimate interests. Is the price of the purchased commercial housing significantly lower than the market price? Through the relevant appraisal, it provides relevant reference for administrative organs to handle, discipline inspection departments to investigate, procuratorial organs to file cases and people's courts to make judgments.
(5) After the completion of real estate development, real estate rental and sales need real estate evaluation, which provides reference for investment estimation, income prediction and real estate pricing.
(6) Valuation required when the term of the right to use the construction land expires. When the term of use stipulated in the Contract for Assignment of the Right to Use Construction Land (formerly referred to as the Contract for Assignment of the Right to Use State-owned Land) expires, and the land user applies for renewal, and the renewal is approved, he shall re-sign the assignment contract and pay the transfer fee and other expenses in accordance with the regulations. To determine the transfer fee and other expenses, it is generally necessary to provide a reference for valuation. For reasons of public interest, if the land user's application for renewal is not approved, the right to use the construction land shall be recovered by the transferor free of charge, but the above-ground buildings, structures and ancillary facilities may be recovered by the transferor according to the stipulations in the transfer contract, and the land user shall be compensated accordingly according to the residual value of the above-ground buildings, structures and ancillary facilities at the time of recovery. Determining the residual value of above-ground buildings, structures and their ancillary facilities also needs to provide evaluation reference.
(7) Housing reverse mortgage demand assessment. Housing reverse mortgage loan, commonly known as "housing for the elderly", includes housing reverse mortgage loan and housing reverse mortgage pension insurance. Refers to the elderly housing owners (referred to as the elderly) in order to obtain a certain amount of pension funds every month (or every year), mortgage the housing to banks or insurance companies, and enjoy the right to possess, use and benefit the housing before their death. After his death, he will repay the pension fund and related expenses through the income from house disposal, and if there is any surplus, return it to the heir. Housing reverse mortgage loan does not regard housing as the "second repayment source" like housing mortgage loan, but takes the value of housing itself as the repayment guarantee, so valuation service is particularly needed. For example, according to the age, health status and average life expectancy of the local elderly, it is necessary to evaluate the current market value of housing and the estimated value-added (such as rising house prices) and impairment (such as building depreciation and falling house prices) at the end of life expectancy, or to evaluate the housing market value at the end of life expectancy of the elderly, so as to provide reference for determining the maximum monthly (or annual) pension and other funds.
Real estate appraisal risk:
According to the asset appraisal method:
Forty-fourth evaluation professionals who violate the provisions of this law and have any of the following circumstances shall be given a warning by the relevant evaluation administrative department and may be ordered to stop practicing for more than six months but less than one year; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be ordered to stop work for more than one year and less than five years; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Accepting entrustment to engage in business and charging fees without authorization;
(two) at the same time in two or more assessment agencies engaged in business;
(3) Soliciting business by fraudulent means, inducement, coercion, derogatory or denigrating other evaluation professionals;
(4) allowing others to engage in business activities in their own names, or engaging in business activities under the guise of others;
(5) Signing an evaluation report on the business that I have not undertaken or an evaluation report with major omissions;
(6) Asking for, accepting or disguised asking for or accepting remuneration or property other than those stipulated in the contract, or seeking other illegitimate interests.
Article 45 If an appraisal professional violates the provisions of this Law and signs a false appraisal report, the relevant appraisal administrative department shall order him to stop working for more than two years and less than five years; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be ordered to stop work for more than five years and less than ten years; If the case constitutes a crime, criminal responsibility shall be investigated according to law, and the appraisal business shall not be engaged for life.
Article 46 Anyone who, in violation of the provisions of this Law, engages in appraisal business in the name of an appraisal institution without industrial and commercial registration shall be ordered by the administrative department for industry and commerce to stop the illegal act; Illegal income, confiscate the illegal income, and impose a fine of more than 5 times the illegal income/kloc-0.
Article 47 If an appraisal institution violates the provisions of this Law and has any of the following circumstances, it shall be given a warning by the relevant appraisal administrative department and may be ordered to suspend business for rectification for more than one month and less than six months; Illegal income, confiscate the illegal income, and impose a fine of more than one time and less than five times the illegal income; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Taking advantage of the convenience of conducting business to seek illegitimate interests;
(2) Allow other institutions to conduct business in their own names, or conduct business under the guise of other institutions;
(3) Soliciting business by means of malicious price reduction, payment of kickbacks, false propaganda or belittling or slandering other evaluation agencies;
(four) to accept the business that is of interest to them;
(five) to accept the entrustment of two parties with conflicts of interest to evaluate the same appraisal object;
(6) An assessment report with major omissions;
(seven) failing to keep the evaluation files within the time limit prescribed by this law;
(8) Hiring or designating personnel who do not meet the requirements of this Law to engage in appraisal business;
(nine) ignoring the professional evaluation of this institution, resulting in adverse consequences.
If an assessment institution fails to file a record in accordance with the provisions of this Law or does not meet the conditions stipulated in Article 15 of this Law, the relevant assessment administrative department shall order it to make corrections; Those who refuse to make corrections shall be ordered to suspend business and may be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 48 If an appraisal institution issues a false appraisal report in violation of the provisions of this Law, the relevant appraisal administrative department shall order it to suspend business for rectification for more than six months and less than one year; Illegal income, confiscate the illegal income, and impose a fine of more than one time and less than five times the illegal income; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 49 If an appraisal institution or appraisal professional violates the provisions of this Law and is ordered to suspend business or stop working for three times within one year, the relevant appraisal administrative department may order it to suspend business or stop working for more than one year and less than five years.
Article 50 If an appraisal professional violates the provisions of this Law and causes losses to the client or other interested parties, the appraisal institution to which he belongs shall be liable for compensation according to law. After performing the liability for compensation, the appraisal institution may claim compensation from the appraisal professionals who have committed intentional or gross negligence.
Fifty-first in violation of the provisions of this law, should be entrusted to the statutory assessment agencies for assessment, but not entrusted, the relevant departments shall be ordered to correct; Refuses to correct, a fine of one hundred thousand yuan and five hundred thousand yuan; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 52 If the client violates the provisions of this Law in the legal appraisal, the relevant appraisal administrative department shall, jointly with the relevant departments, order him to make corrections under any of the following circumstances; Refuses to correct, a fine of one hundred thousand yuan and five hundred thousand yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, it shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to select an assessment agency according to law;
(2) Asking for or accepting kickbacks or asking for or accepting kickbacks in disguised form;
(3) colluding with or instructing an appraisal institution or appraiser to issue a false appraisal report;
(4) Failing to provide ownership certificate, financial and accounting information and other information to the appraisal institution truthfully;
(5) Failing to use the evaluation report in accordance with the scope of use determined by the law and the evaluation report.
Customers other than those specified in the preceding paragraph who violate the provisions of this law and cause losses to others shall be liable for compensation according to law.
Article 53 Where an appraisal trade association violates the provisions of this Law, the relevant appraisal administrative department shall give it a warning and order it to make corrections; Those who refuse to make corrections may notify the registration authority and be punished according to law.
Fifty-fourth staff of the relevant administrative departments and evaluation industry associations who violate the provisions of this law, abuse their powers, neglect their duties and engage in malpractices for selfish ends, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
In fact, as long as there is no violation in the evaluation, the error of the evaluation results is generally within the error range, and there is basically no risk.