Second-hand housing intermediary is the service fee paid to the intermediary agency when conducting second-hand housing transactions through the intermediary agency, also known as intermediary commission.
If the intermediary promises not to be fulfilled, the agency fee should be refunded.
20 13 before the implementation of the five policies in Beijing, there was a wave of buying houses in the second-hand housing market in Beijing in order to avoid paying 20% personal income tax. Mr. Wang bought a second-hand house before the implementation of the five national policies. At that time, the intermediary promised to complete the transfer formalities for Mr. Wang before the implementation of the policy, and wrote this promise into the intermediary contract, so Mr. Wang signed a second-hand house sales contract with the owner and paid the intermediary fee and deposit. However, due to various reasons, before the implementation of the policy, the transfer procedures of this house were not completed. After the implementation of the new policy, because the house is less than five years old, it is necessary to pay 20% of the difference in personal income tax. Calculated, the personal income tax will be paid 200,000. Faced with such a high personal income tax, Mr. Wang said that he could not afford it. The owner also said that he would not pay a tax. In the case that the sale of the house could not be carried out, Mr. Wang proposed to terminate the sale contract and asked the intermediary to refund the agency fee.
In this case, the real estate agent promised to complete the property transfer procedures before the implementation of the "New Deal" in order to facilitate the transaction between the two parties in the intermediary activities, but the real estate agent failed to fulfill this promise and there is evidence to prove that this promise does exist, so the intermediary agency should refund the agency fee.
If the transfer cannot be made due to the buyer's reasons, the agency fee will not be refunded.
Not long ago, Mr. Shi bought a second-hand house in Wangjing through an intermediary company. Before signing the second-hand housing sales contract and service contract with the intermediary, the intermediary company requires Mr. Shi to sign a statement first, indicating that he is qualified to buy a house. If there is a problem with the purchase qualification, the buyer shall be responsible for the failure of transfer.
At that time, Mr. Shi was confident that there was no problem with the qualification to buy a house, and he did not confirm whether his tax and social security were over five years. However, after signing the contract for the sale of second-hand houses and paying the agency fee and deposit, he found that his social security had been broken due to job changes when handling the house transfer, so he was not qualified to buy a house, and the second-hand house he wanted to buy could not be transferred to his own name. Business can't go on. Mr. Shi asked to cancel the contract and ask the intermediary to refund the agency fee, but the intermediary refused. The reason for the intermediary is that the responsibility for the inability to transfer the house lies with Mr. Shi himself, and the intermediary is not at fault.
In this case, the transaction between the buyer and the seller has been concluded and the intermediary agency has completed the "intermediary" service. The failure to perform the contract is caused by Mr. Shi himself, and he should bear all the responsibilities for it: bear the liability for breach of contract to the seller and pay the agency fee.
The owner's breach of contract caused the transaction to fail? Still have to pay a part of the agency fee.
Ms. Guo and the owner, Mr. He, signed a second-hand house sales contract under the intermediary service of the intermediary company. On the same day, Ms. Guo paid 20,000 yuan for the intended house purchase, and signed the "Confirmation of Agency Fee" to confirm the agency fee of 20,000 yuan. Subsequently, because the owner Mr. He failed to continue to perform the contract, Ms. Guo's house purchase plan was also declared "bankrupt". Mr. He returned the 20,000 yuan intention money paid by Ms. Guo and compensated the 20,000 yuan liquidated damages.
At present, the intermediary contract used in the second-hand housing market is not based on online signing or transfer, but on the second-hand housing sales contract signed by buyers and sellers. In other words, as long as the two sides signed a second-hand housing sales contract, the intermediary's duties have been completed. According to the current format contract, the intermediary can charge an intermediary fee.
In the above case, the real estate agent promised to complete the property transfer procedures before the implementation of the "New Deal" in order to facilitate the transaction between the two parties in the intermediary activities, but the real estate agent failed to fulfill this promise. There is evidence to prove that this promise does exist, so the intermediary agency should refund the agency fee.
In the second-hand housing transaction, disputes over agency fees are common. In order to avoid such disputes, we should try our best to complete the transaction. In order to complete the transaction, it is necessary to verify the property rights, debts and mortgages of the house as much as possible. If the funds are insufficient, don't sign the sales contract easily and pay the agency fee. In addition, customers are advised to choose a formal large intermediary when buying a house, for one thing, the commission is not high, and for another, the service is guaranteed. At present, the intermediary contracts used in the second-hand housing market are based on the second-hand housing sales contracts signed by both parties. It is suggested that property buyers negotiate and sign a supplementary agreement with the intermediary company before buying a house, and try to stipulate the responsibilities and obligations of both parties in detail. It can even be agreed with the intermediary that the intermediary fee can be charged after the transfer is completed, and no fee can be charged before the transfer is completed.
(The above answers were published on 20 17-05- 18. Please refer to the current actual purchase policy. )
Sohu Focus provides you with comprehensive information on new houses, second-hand houses, renting houses and home improvement.