The Civil Code came into effect on 202 1 1 1.
Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Disputes over Sales Contracts
The validity period is 123 1, 2020. At that time, the clauses that conflict with the Civil Code will be invalid, and the relevant judicial interpretation will also be invalid at the same time, replaced by the newly promulgated judicial interpretation.
Provisions before the entry into force of the Civil Code:
1. You can negotiate with the real estate agent first and ask it to perform its responsibilities according to the contract. If the other party refuses to perform, it may be required to bear the liability for breach of contract. If the other party refuses, you can refuse to pay the agency fee first. If the loss is caused by the negligence of the institution, it can collect and execute evidence and bring a lawsuit to the court for compensation.
2. The specific needs shall be handled according to the contract. If one party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period. If the two parties fail to negotiate, they can handle it through litigation.
3. The most important responsibility of the real estate agent is to provide the real situation related to the conclusion of the contract. The services provided by real estate agents include consulting and intermediary services, and signing intermediary contracts. An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.
When providing intermediary services, a real estate agent shall disclose the following important facts to the client:
1 house ownership; 2. Rights restriction information such as house mortgage and pawn; 3. Registration information such as advance notice registration and objection registration; 4. Basic information such as the names and ID numbers of the buyers and sellers.
Since the information provided by the broker is an important basis for the client to sign the contract, the broker shall truthfully report the relevant matters to the client. If a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which damages the interests of the client, he shall not ask the client to pay remuneration and shall be liable for damages.
As can be seen from the above questions about how to deal with the failure of the house leasing agency to fulfill the agreement, our laws also have strict requirements for the agency and the third party. If the house leasing agency fails to fulfill the agreement, if there is anything you want to know, you can consult a lawyer in person or find the legal department for details in time.