I didn't buy a house, and the agency fee is not refundable?
"We didn't even go through the formalities of house verification. We just signed a tripartite agreement, but the intermediary company has to charge the full agency fee, which is too bullying. " The buyer, Ms. Niu, firmly stated that she would not compromise with the "black intermediary". Under the New Deal of the property market, because of the qualification or down payment, the buyers and sellers of second-hand houses negotiated a peaceful termination, but they were "stuck" because the intermediary agency did not agree to refund the agency fee. Second-hand housing services have not been carried out. Should the agency fee be charged?
■ I didn't buy a house but paid an agency fee of 32,000.
Ms. Niu and her friends, registered in Beijing, belong to the property buyers who lost the qualification to buy commercial housing after the New Deal.
"On March 22nd, four of our friends bought a 40-year-old house in Shahe Higher Education Building in Changping District." Ms. Niu told reporters that the house here is cheap, and the total price of a suite is between 500,000 and 600,000 yuan.
On March 22 and March 23, respectively, four property buyers signed a tripartite purchase contract through an intermediary agency named Ruixiang Jiayuan, which opened downstairs in the residential area. They gave the owner a deposit of 50,000 yuan and were charged an intermediary fee of 8,000 yuan per person.
"On March 26, just after signing the contract, the new policy of buying commercial housing came out." Ms. Niu said that because she and her friends belong to "a house under the name", according to the policy, they have lost the qualification of the purchaser to purchase a house, and it is definitely impossible to fulfill the contract. After consultation with the owner, all three parties have no responsibility to terminate the contract. However, when negotiating with the intermediary agencies to refund the agency fee, several people were deadlocked.
"We mean, it's really not easy for a broker to have a look at the house. Each family can pay 1 1,000 yuan for hard work, but after all, the second-hand housing transaction has not yet been carried out, and it is unfair for us to charge the agency fee in full. However, the broker insists that as long as the purchase contract is signed, the transaction will be completed, and 8,000 yuan will not be refunded. " Ms. Niu said that the broker was not only unwilling to refund the agency fee, but also prevented the owner from returning the deposit. Therefore, although the three parties have no responsibility to cancel the contract, the deposit of 50,000 yuan and the commission of 8,000 yuan are in the hands of the other party.
Ms. Niu said that 8000 yuan is really not a lot of money, but it is really unfair to pay this agency fee when you obviously don't buy a house.
■ If you don't pay 70,000 yuan, the intermediary won't cancel the contract.
"This is my cancellation caused by the New Deal. If the house is sold, I will be homeless. However, the three parties have no responsibility to cancel the contract one day, and I am not practical one day. " As a seller who doesn't pay commission, Fan Xiao got into trouble again and again this week.
Fan Xiao was originally a housechanging family that sold one set and bought another. Due to the influence of "recognizing the house and the loan", the original first suite has become two sets, and it is difficult to make up the down payment. The buyer who took a fancy to his house, because there are already two houses under his name, also affected the transaction. As a result, the buyer and the seller reached a friendly and peaceful termination of the contract, and neither party was liable for breach of contract.
However, when he and the buyer found an intermediary to sign a termination agreement, they were stopped by the intermediary. Just because the buyer did not pay the agency fee of 70,000 yuan on the day of signing the house purchase agreement, the broker proposed that 70,000 yuan must be paid before the three parties can sign the contract without responsibility.
"We only signed the contract, and we didn't do anything about qualification review and house verification, but now we are stuck by the intermediary." The buyer once offered to pay the broker several thousand yuan for hard work, but was rejected by the other party on the grounds that the agency fee should be charged in full after signing the contract, and the services such as online signing and loan after signing the contract were originally free. In other words, the agency fee of 70,000 yuan is the service fee for signing the tripartite contract.
"Is this too shameless?" Fan Xiao told reporters, "We understand that the government has made heavy punches to regulate housing prices, but let the intermediary take advantage of it in vain?"
■ Should the agency fee be refunded?
The reporter learned from the market that after the New Deal in the property market, there is no uniform standard for whether the agency fee will be refunded when the buyers and sellers reach a peaceful termination due to reasons such as the qualification for purchasing houses and the increase in down payment. For example, mainstream chain agents such as Chain Home and I Love My Family usually refund the agency fee in full, while some small agents, especially "black agents" who have not filed for the record, do not support the refund of the agency fee.
Sun, a lawyer of the real estate lawyers' group, also told reporters that in the process of buying and selling houses, intermediaries provide intermediary services. From the perspective of providing services, in principle, if the transaction is not carried out, it means that the service is not completed, and the service agency fee collected should be returned to the buyer and the seller.
"Can you come up with a relevant regulation? Should the intermediary agencies refund the agency fees to the buyers and sellers who terminate the contract peacefully? Or, if they don't return it in full, what percentage can they charge? " Fan Xiao appealed that the refund of agency fees cannot be decided unilaterally by brokers, and there should be a unified statement. "The fact now is that because the money has long been taken away by brokers, buyers and sellers actually have no right to speak."
(The above answers were published on 20 17-04- 14. Please refer to the current actual purchase policy. )
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