How to sign an intermediary contract for the sale of second-hand houses?

To sign an intermediary contract, the buyer and the seller and the intermediary need to sign it on the basis of friendly negotiation, and both parties must abide by the terms of the intermediary contract. If either party breaches the contract, it shall bear corresponding liabilities for breach of contract. Taking the intermediary contract of an intermediary agency as an example, this paper analyzes the key issues in the contract one by one.

1. Who is the signatory of the intermediary contract?

There are three parties to an intermediary contract, namely the seller, the buyer and the intermediary company. This agreement is made in triplicate and shall come into force as of the date of signature and seal by all parties.

There are three parties to an intermediary service contract.

Second, how is the intermediary service fee agreed?

1. About intermediary services

Party C (intermediary company), as a transaction intermediary, provides services for both buyers and sellers, including:

Providing consultation for buyers and sellers in the housing market;

Publish, find and provide information about houses and customers;

Lead buyers to see the house on the spot;

Assist the buyer to check the seller's house ownership certificate and other documents.

Article 1 of the Intermediary Contract on Intermediary Services

2. About agency fees.

Article 2 of the Brokerage Contract makes strict provisions on the use of brokerage service fees. As the transaction may involve some complicated matters or procedures, the brokerage agency fee is paid to the trading broker at the rate of 65,438+00% through friendly negotiation.

Agreement on agency fee in Article 2 of the Intermediary Contract

Note: When the buyer and the seller sign the sales contract, the intermediary behavior is completed, and the buyer and the seller shall pay the intermediary agency fee agreed in this contract to the intermediary.

Third, how are rights and obligations agreed?

The buyer, the seller and the broker shall confirm and abide by their respective rights and obligations.

1. The buyer and the seller shall actively cooperate with the intermediary contract, provide all documents, certificates and materials required by the intermediary, and pay the intermediary agency fee in full to the intermediary as agreed.

2. Intermediaries shall provide intermediary services due diligence, and shall not provide false information, and buyers and sellers shall authorize intermediaries to handle online signing procedures.

3. For the follow-up procedures, the buyer and the seller have the right to choose a third party to assist, and the intermediary has the obligation to actively supervise the handling.

Article 3 Agreement on Rights and Obligations of Intermediary Contract

Fourth, how is the breach of contract and dispute agreed?

If either the buyer, the seller or the intermediary breaches the contract, it shall bear the liability for breach of contract; Any dispute related to this contract, if negotiation fails, may be brought to the people's court where the house is located.

1. Agreement on liability for breach of contract

If the buyer and the seller sign a sales contract privately or separately through other intermediaries by using the information provided by the intermediary, the intermediary has the right to require Party A and Party B to pay all the agency fees agreed in this contract.

If the Buyer and the Seller or one party delays the payment of the agreed agency fee to the Intermediary, the delaying party shall pay the agency fee and unpaid liquidated damages to the Intermediary at the rate of 1% per day.

Agreement on Liability for Breach in Article 4 of Intermediary Contract

2. Dispute agreement

Any dispute related to this contract shall be settled by three parties through consultation; If negotiation fails, either party may bring a lawsuit to the people's court where the house is located.

Agreement on disputes in Article 5 of the Intermediary Contract

The above are the places that need special attention when signing intermediary contracts when buying and selling second-hand houses. If either party breaches the contract, it shall bear the liability for breach of contract in accordance with the provisions of the intermediary contract.

This content is only applicable to Beijing.