How to deal with the disputes over agency fees in house leasing?

Legal analysis: If the house is not found through the intermediary and the intermediary fee is not paid, if the house leasing intermediary agency facilitates the two parties to reach a contract, the intermediary service fee can be charged at one time according to the agreement of both parties, and an invoice should be issued. Intermediaries shall not collect any property other than the entrustment contract, such as deposit and information fee. In addition, intermediary companies are not allowed to charge room rates in advance. If the house is not found through an intermediary agency, the client may not be required to pay the agency fee, even if it is invalid in the intermediary contract, but the intermediary agency may require the client to pay the necessary expenses for engaging in intermediary activities. Generally speaking, an intermediary can charge an intermediary fee equivalent to half a month to one month's rent. Intermediary companies have the right to charge necessary fees if they fail to reach a house lease contract, but this "necessary fee" is difficult to define. In order to avoid disputes and protect their legitimate rights and interests, it is best to stipulate the way and cost of early collection in the intermediary contract, so as to avoid unreasonable demands from the intermediary. Some non-standard intermediaries may take the lessee to see several houses at will in order to earn room fees. In order to prevent this, it is suggested to write the following contents into the intermediary contract:

(a) when the house obviously does not meet the requirements of the tenant, there is no need to pay.

In order to have a clear basis for refusal to pay, it is best for renters to specify the specific conditions for finding a house in detail in the intermediary contract. If the house introduced by the intermediary obviously does not meet the requirements of the renter, no payment will be made and the intermediary will compensate for the loss.

(2) When the information provided by the lessor is incorrect or fraudulent, the intermediary shall bear the responsibility first.

This situation means that the information provided by the lessor is incorrect, and the intermediary agency guarantees to verify the housing information and meet the special requirements of the renter. However, due to the information provided by the lessor is incorrect or fraudulent, the intermediary shall bear the losses and compensate the lessee first.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.

Article 963 Where the broker facilitates the formation of a contract, the principal shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract.

If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.

Article 965 Where the principal, after accepting the services of the broker, takes advantage of the trading opportunities or intermediary services provided by the broker to bypass the broker and directly conclude a contract, it shall pay remuneration to the broker.