What should I do if the housing agency contract breaks?
1. During the performance of the contract, the real estate agent intentionally conceals the transaction information or provides false transaction materials, or for other reasons not attributable to the seller or the buyer, so that the transaction cannot be continued and the legitimate rights and interests of both parties to the transaction are damaged.
2. According to Article 19 of the Measures for the Administration of Real Estate Brokerage, if the real estate brokerage agency fails to complete the matters agreed in the real estate brokerage service contract, or the service fails to meet the standards agreed in the real estate brokerage service contract, no commission shall be charged. You can refuse to pay the commission.
3. At the same time, you can sue the intermediary for breach of contract in court. According to Article 107 of the Contract Law, if a party fails to perform its contractual obligations or does not conform to the contract, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
4. Legal basis: Article 107 of People's Republic of China (PRC) Contract Law. If one party fails to perform its contractual obligations or does not conform to the contract, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
How to write the housing agency contract?
Party A (intermediary): Tel: Address:
Party B (Seller): Tel: Address:
According to the provisions of relevant laws and regulations, Party A and Party B, based on the principle of good faith, have reached the following agreement through consultation.
1. Property ownership: Party A is an individual and enjoys the property purchase index. You can purchase residential housing with a building area of about square meters 1 set (floor, actual area, orientation, apartment structure, price, delivery time, payment method, etc.). All are subject to community planning or developer announcement). At present, the registration fee paid by Party A is RMB:
2. The house is still in the preparatory stage, and now Party A entrusts Party B to find a buyer for the house. Party A promises that the minimum transfer fee for transferring the house to the buyer is RMB only (￥), and the actual transfer price is determined by Party B. Party B can earn the difference between the actual transfer price and the minimum transfer price. At present, Party B has reached an agreement with the buyer, and the actual transfer price of the house is RMB Yuan only. According to the above agreement, Party B can earn the difference of RMB.
3. Party A has the right to decide whether to deal with the object of purchase sought by Party B. Party A shall not inform the buyer of the reserve price of the transfer fee (i.e. RMB Yuan only). The house transfer price in the agreement signed between Party A and the buyer is RMB Yuan only. After the transfer is successful, Party A shall pay Party B the difference between the actual transfer price and the lowest transfer price (￥) on the trading day.
4. After the successful transfer of the house, any legal dispute between Party A and the house buyer has nothing to do with Party B ... whether Party A and the house buyer breach the contract (give up selling the house, etc.). ), Party B does not need to return the difference between the actual transfer price and the lowest transfer price, that is, RMB (￥).
5. If Party A deals privately with the buyer introduced by Party B, Party B may require Party A to pay the introduction fee of RMB (￥).
6. If the buyer can't buy the house due to force majeure, policy changes, unit and developer factors, and the house is stopped, and Party A needs to refund the buyer, this agreement will automatically become invalid. When the Agreement is dissolved according to the provisions of this article, Party B shall return the difference between the actual transfer price and the lowest transfer price, namely RMB (￥) to Party A without interest.
Party A (handprint): Party B (handprint):
Signature time: Signature time:
In the process of buying a house, everyone must pay attention to the principle of dealing with house default, and at the same time pay attention to buying and selling houses according to their own needs. The above is an introduction on how to deal with the breach of the housing agency contract and how to write it. When signing a contract, buyers and sellers must read the relevant terms of the contract clearly to avoid disputes affecting their normal life and work in the future.