(1) Losses caused to the lessee due to the fault of the staff of the intermediary agency.
If the employee of the intermediary company causes losses to the lessee due to his fault, the lessee may find the intermediary company to bear the responsibility. Intermediary companies, as employers, cannot shirk their responsibilities on the grounds of employees' personal responsibilities, and natural intermediary companies cannot claim that they have dismissed employees and shirk their responsibilities.
(2) Losses caused to the lessee due to the fault of the intermediary.
If the intermediary intentionally provides false information and commits illegal acts, causing economic losses to the lessee, then the intermediary should bear civil or administrative responsibility, even criminal responsibility. If losses are caused to the lessee, the intermediary agency shall make compensation. If the intermediary agency commits fraud in the process of providing services, the lessee may request the intermediary agency double indemnity.
Specific responsibilities:
First, the responsibility to provide true information related to the conclusion of the contract.
This is the most important responsibility of the intermediary. The services provided by real estate agents include consulting and intermediary services, and signing intermediary contracts. An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.
Since the information provided by the broker is an important basis for the client to sign the contract, the broker shall truthfully report the relevant matters to the client. If a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not ask the client to pay remuneration and shall be liable for damages.
Two, deliberately conceal important facts or provide false information for compensation.
3. If the entrusted matters are not completely completed, the client does not need to pay remuneration according to the transaction price 1%.
Most of the intermediary contracts provided by real estate agents stipulate that the client will pay the agency fee of 1% of the total house price on the date of signing the formal sales contract, but sometimes after signing the formal contract, it will not be continued due to one party's breach of contract or other reasons. In this case, the intermediary should refund part of the agency fee.
When providing intermediary services for second-hand houses, real estate agents shall disclose the following important facts to the clients:
1, house ownership;
2. Rights restriction information such as house mortgage and pawn;
3. Registration information such as advance notice registration and objection registration;
4. Basic information such as the names and ID numbers of the buyers and sellers;
The services provided by intermediaries shall include the following contents:
1. Ownership investigation: investigate the consulting source, current situation, mortgage, rights restriction, etc. from the real estate trading center. , and make written records; The requirements and conditions of punishment involving the obligee in investigation and consultation; Verify the disposition qualification, identity and rights of the obligee and relevant personnel.
2. Usage survey: collect, investigate and inquire about the location environment, service life, whether there are hidden dangers of defects, whether the roof, wall, floor, doors, windows and equipment in the house need to be tested or repaired, the transfer price of equipment, and the settlement of related expenses. Inquire from the property management unit whether there is leasing, illegal construction, infringement of adjacent relations, payment and use of maintenance funds, etc.
3. Market research: collecting, investigating and consulting the market comparison of buying and selling prices, tax and fee settlement, room type comparison, psychological price comparison between buyers and sellers, and the influence of relevant policy changes; Carry out various forms of information dissemination activities.
4. Determine the transaction intention and conclude a transaction contract: accompany both parties to inspect the house, equipment and environment on the spot; Agree on the negotiation time and communicate the trading intentions of buyers and sellers; Show and identify ownership information, and determine the identity of the parties. Select the contract text for both parties to the transaction, guide and witness the signing of the contract, and truthfully inform both parties of the agreed terms and precautions of the sales contract, the way of performance, the way of paying the house payment, etc.
5. Handling the transfer of property rights: agree on the time of data collection, report, confirmation and confirmation of the transfer procedures of both parties, collect taxes and fees payable on behalf of customers, and complete all transaction transfer, transfer and house occupancy procedures.
Since the information provided by the broker is an important basis for the client to sign the contract, the broker shall truthfully report the relevant matters to the client. If a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which damages the interests of the client, he shall not ask the client to pay remuneration and shall be liable for damages.
Compensation for intentionally concealing important facts or providing false information
If the intermediary intentionally conceals true information or intentionally provides false information, and introduces it to the buyer while knowing that the seller is not the owner himself or the legal agent, thus causing losses to the buyer, the intermediary shall be liable for compensation.
Responsibility when all entrusted matters are not completed
If the intermediary agreement stipulates that the intermediary fee shall be paid at 1% of the transaction price, the services provided by the intermediary shall include the following contents:
1. Ownership investigation: investigate the consulting source, current situation, mortgage, rights restriction, etc. from the real estate trading center. , and make written records; The requirements and conditions of punishment involving the obligee in investigation and consultation; Verify the disposition qualification, identity and rights of the obligee and relevant personnel.
2. Usage survey: collect, investigate and inquire about the location environment, service life, whether there are hidden dangers of defects, whether the roof, wall, floor, doors, windows and equipment in the house need to be tested or repaired, the transfer price of equipment, and the settlement of related expenses. Inquire from the property management unit whether there is leasing, illegal construction, infringement of adjacent relations, payment and use of maintenance funds, etc.
3. Market research: collecting, investigating and consulting the market comparison of buying and selling prices, tax and fee settlement, room type comparison, psychological price comparison between buyers and sellers, and the influence of relevant policy changes; Carry out various forms of information dissemination activities.
4. Determine the transaction intention and conclude a transaction contract: accompany both parties to inspect the house, equipment and environment on the spot; Agree on the negotiation time and communicate the trading intentions of buyers and sellers; Show and identify ownership information, and determine the identity of the parties. Select the contract text for both parties to the transaction, guide and witness the signing of the contract, and truthfully inform both parties of the agreed terms and precautions of the sales contract, the way of performance, the way of paying the house payment, etc.
5. Handling the transfer of property rights: agree on the time of data collection, report, confirmation and confirmation of the transfer procedures of both parties, collect taxes and fees payable on behalf of customers, and complete all transaction transfer, transfer and house occupancy procedures.
Most of the intermediary contracts provided by real estate agents stipulate that the client pays the agency fee of 1% of the total house price on the date of signing the formal sales contract. However, sometimes after signing a formal contract, the agent will not continue to perform due to one party's breach of contract or other reasons, so the agent will not complete the above services. In this case, the agent not only can't get the required remuneration, but also should refund part of the agency fee, and the client can't claim compensation.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 962 The broker shall truthfully report to the client the matters related to the conclusion of the contract.
If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not ask for payment of remuneration and shall be liable for compensation.