Does the house have to pay an intermediary fee without buying it? Lawyer: look at who's the fault
Ji'nan times
urban second-hand housing, especially the school room is the focus of many public trading houses, the success of the property transaction is good, hand in hand It is easy not to be the buyer and seller "to get together well", but the intermediary fee still need to be paid? Recently, the intention to buy the property near the Yanshan District of MS Cui met this kind of worry.
the citizen "hostess" objected, talking about a good purchase contract yellow
recently, this reporter received Ms. Cui's real estate consultation phone. Ms. Cui's family lives in Huaiyin District, and her husband's working place is in the lower area, and the money is more abundant in front of his eyes. One of them has been inquiring about the house in the vicinity of the peace road.
not long ago, in the introduction of the intermediary company, Ms. Cui was in a set of second-hand houses near the peace road. After several weeks, she signed a house purchase agreement with the owner and the couple, and paid the first payment of 200 thousand yuan on the day of signing the contract, and agreed to deal with the formalities in a month.
not long ago, Ms. Cui, who was preparing to transfer relevant materials at home, received a phone call from the seller for breach of contract. On the phone, Ms. Cui realized that the "Lady" that appeared on the day of the house was not the "hostess" of the house property certificate she was buying. "When contracted, because of inertia, the default is to appear with the male owner is the female owner." Ms. Cui said, because of the opposition of the female owner, the final agreement was cancelled by both sides. The seller returned the first payment according to the requirements of the purchase agreement and gave Ms. Cui the corresponding compensation.
intermediary, after running, the agreement also signed, should accept the intermediary fee
when Ms. Cui and the seller "good get together", Ms. Cui received an intermediary company to ask for intermediary fees. It turned out that in accordance with the provisions of intermediary companies, Ms. Cui should have paid the agency fee at the time of signing the contract, but Ms. Cui did not pay for other reasons at that time.
"search for housing, on-site viewing, signing agreements..." Housing intermediary should do, we have no less, housing should be given intermediary fees. Intermediary company staff said that although the house did not succeed in the transaction, but the intermediary should do all the work. As she chose to buy a house when Ms. Cui chose to buy a house, the real estate agency could provide a loan service for it, but Ms. Cui paid a total of 1% of the loan service fee of 2700 yuan, and Ms. Cui also had to pay 16000 yuan and 2% of the intermediary fees of the house purchase money to the real estate agency, a total of 18700 yuan.
Ms. Cui believes that the responsibility of the real estate agent is to make a successful property transaction. Now that the house does not have a successful transaction, it should not charge a brokerage fee. Whether the
lawyer's purchase contract is valid, the agreement cancels the fault in who is the key
the house has not been traded successfully, should not pay the intermediary fee in the end? The reporter interviewed Hu Chunyu, the chief lawyer of the magpie China law firm in Shandong province. Mr. Hu said that this issue is mainly two aspects, one is whether the purchase contract is established, whether it is valid; two is the purchase agreement to cancel the fault in who, the intermediary, the buyer or the seller?
, in general, whether to pay intermediary fees mainly depends on whether the purchase agreement is signed in the purchase process, if signed And if the contract is effective, then the intermediary's main behavior to facilitate the property transaction is completed. Intermediary fees should be charged. Conversely, no purchase agreement or invalid, it should not charge intermediary fees. Mr. Hu said that in the actual situation of buying a house, as a result of a number of complex legal provisions, facing a variety of objective conditions, using the above situation to determine whether to pay intermediary fees is obviously unfair. Therefore, according to the case itself, we should analyze who is wrong.
Hu said that, as a brokerage, the legal rights and interests of the intermediary should not be completely ignored. It should contribute to the fact that the purchase contract has been signed, but the real estate agency, as a real estate agency, has the basic responsibility and obligation of the housing review. Successful housing transactions should also bear corresponding responsibilities.