Legal provisions on the charging standard of agency fee for house leasing

The charging standard of agency fee for house leasing stipulated in China is: Generally speaking, the agency fee for house leasing is half of the monthly rent paid by tenants and landlords, but the agency fee charged for house leasing varies according to local practices and the length of lease.

1. What's the charging standard of the housing agency?

Real estate intermediary service agencies can provide consulting services on real estate policies, regulations and technologies according to the requirements of clients. Oral consultation shall be negotiated by both parties. Written consultation depends on the technical difficulty of the consultation report, the complexity of the work and the target amount. Ordinary report is 3000~ 1000 yuan each; The technical difficulty and complexity can be appropriately improved, but it generally does not exceed 0% of the consulting target. 5%。 The above standards are indicative prices. The agency fee for house leasing, regardless of the effective lease period, is charged at one time according to the transaction rent of half a month to one month. For the house sold as an agent, the transaction price shall be 0. 5-2。 5%, with a maximum of 3%, charged to the client.

In terms of agency fees, some agencies charge 2% of the total housing transactions, while others charge 1. 5%, others are charged at 1%. For different charging standards, each intermediary's explanation is the regulation of its own store. In the current situation of high housing prices, the amount charged according to different standards varies greatly. Take a house with a transaction price of 800,000 yuan as an example, the agency fee is charged at 2% and 1%, and the difference is as high as 8,000 yuan.

At the same time, some current expenses are not included. For example, many housing agencies charge loan fees when they help their customers to apply for loans. In the sale of houses, some intermediaries charge a loan fee of 5‰ of the total loan amount, which is not a small fee, and many property buyers have opinions on it.

Second, what should I pay attention to when signing a contract with an intermediary?

1. Buyers must first know the information of the intermediary, such as the business scope, the name and license number of the practicing broker, and so on. In the process of direct negotiation with the intermediary company, if the buyer finds that the intermediary company has not been filed, registered or the license number of the practicing broker is untrue, he should immediately stop the transaction and verify and report to the relevant departments.

2. Make clear the items included in the agency fee in the contract. In addition to the intermediary service fee agreed in the contract, the rest of the so-called pad fees, room-watching fees, running errands, etc. all belong to "black fees". At the same time, according to the Notice on Standardizing the Charge of Housing Brokerage Service in Shanghai, the charge of housing brokerage service shall not exceed 2% of the transaction price and 70% of one month's rent.

3. Make clear the payment conditions of agency fees in the contract. In principle, it is paid when the intermediary company facilitates the signing of the real estate sales contract between the two parties. However, in view of the many links in the housing transaction process, the payment of intermediary brokerage fees can be combined with the progress of the work, so that the intermediary brokerage fees can be paid in any link. Article 964 of the Civil Code (202 1 1 coming into force) stipulates that if the broker fails to facilitate the establishment of the contract, he may not demand payment; However, customers may be required to pay the necessary fees for intermediary activities as agreed.

4. Pay special attention to terms such as deposit, security deposit, advance payment and liquidated damages. If the other party provides a standard contract, before signing the contract, it is best to ask a professional lawyer to check, modify and delete the "overlord clause" that is unfavorable to him, and add the clauses he needs, so as to balance the interests and reduce disputes and losses.

In practice, the charging standard of housing agency is determined by the local economic level and the rent of rental housing. Therefore, the charging standards of real estate agents in different regions are different, which we need to pay attention to. If the real estate agent collects agency fees from both parties, it will bear corresponding responsibilities.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: According to Article 7 of People's Republic of China (PRC) Urban Real Estate Management Law, the lease of residential houses shall be subject to the lease policy stipulated by the state and the people's government of the city where the house is located. If the leased house is engaged in production and business activities, the rent and other lease terms shall be agreed by both parties.