I. Conditions for Intermediary Agencies to Charge Intermediary Fees
If the broker facilitates the establishment of the contract, the principal shall pay the remuneration as agreed. If there is no agreement or unclear agreement on the remuneration of the broker, and it cannot be determined according to the provisions of the Civil Code, 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.
Second, pay the lease agency fee.
First of all, it is necessary to clarify who will pay the service commission of the intermediary company, and whether the fees paid to the intermediary company will be refunded if one party breaches the contract during the execution of the contract;
Secondly, when signing a contract, we must pay attention to the use of the deposit. If the lessee refuses to rent during the contract period, the owner may demand that the deposit not be refunded, or if the lessee damages the furniture and facilities in the house, the owner may also demand that this part of the repair fee be deducted from the deposit;
Third, how to pay the liquidated damages, how much to pay, what is the breach of contract, and the payment time of the liquidated damages.
Fourth, when signing the contract, you must list the detailed names of indoor appliances, and indicate the old and new conditions, as well as the meters of water, electricity and gas, in order to prevent such things from colliding in the future.
In short, the above four points are prone to disputes for both parties to the lease. Therefore, when signing the contract, both parties must pay attention to carefully distinguish their rights and obligations to avoid future conflicts.
Third, the housing agency fee charging standard
Real estate intermediary service fees shall be collected by real estate intermediary service institutions according to the charging standards, and invoices shall be issued to pay taxes according to law. Real estate intermediary service charges shall be clearly marked, and intermediary service institutions shall announce their charging items, service contents, charging methods, charging standards and other matters in a prominent position in their business premises or payment places.
1, real estate consultation
It is divided into oral consultation fee and written consultation fee. The oral consultation fee shall be determined by both parties through consultation according to the time required for consulting services and the professional and technical level of consultants. The written consultation fee is charged according to the technical difficulty and complexity of the consultation report combined with the target amount. General consultation report, each charge is 300- 1000 yuan; For consulting reports that are technically difficult, complicated in content and consume a lot of manpower and time, the charging standard may be appropriately increased, but it shall not exceed 0.5% of the amount of the consulting target.
Real estate brokerage fees are charged at different rates according to different agency projects. The agency fee for house leasing, regardless of the length of the lease term, is based on the transaction rent standard of half a month to January, and both parties agree to collect it in one lump sum through consultation. The agency fee for house sales is charged at 0.5%-2.5% of the total transaction price. For the sole agent, the charging standard may be appropriately increased after consultation between the entrusting party and the real estate intermediary agency, but the maximum is not more than 3% of the transaction price.
2. House price evaluation
Institutions with real estate appraisal qualifications recognized by real estate administrative departments and price departments shall charge fees according to the prescribed standards. Real estate price evaluation and general parcel evaluation mainly based on real estate adopt different fixed rates and progressive charges, that is, the rates and grades are divided according to the total real estate price, and the expenses of each file are calculated according to the file, and the cumulative sum of the expenses of each file is the total cost.
See the attached table for specific charging standards. The urban benchmark land price assessment fee is determined by the assessment agencies and the entrusted towns with reference to the benchmark land price assessment fee. The land use right mortgage land price assessment agencies charge 50% of the general land parcel assessment fee, and the assessment fee for each land parcel is less than that of 300 yuan, which is charged by 300 yuan. The land price assessment in assets and capital verification is charged at 30% of the standard of general land assessment fee. If the assessment fee of each piece of land is less than that of 300 yuan, it will be charged at 300 yuan.
According to the law, it can be known that the premise for an intermediary to charge an intermediary fee is that it has fulfilled its obligations in accordance with the intermediary contract, and then it has the right to ask the client to pay the intermediary fee.
Legal objectivity:
Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises Article 40 The State encourages all kinds of social intermediary institutions to provide information consultation, investment and financing, loan guarantee, legal consultation and other services for small and medium-sized enterprises. The agency fee is a legal fee, and the law supports it as long as it does not exceed the standard.