First, how to bear the agency fee without signing the agency contract
If no intermediary contract is signed, the agency fee shall be borne by the client after the intermediary contract is signed. In case of dispute, both parties can settle it through consultation; If negotiation fails, a lawsuit may be brought to the people's court.
People's Republic of China (PRC) Civil Code
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.
Second, how to calculate the rental agency fee?
In fact, at present, the rental agent has industry standards, and there is no how much the two sides say. For the black intermediary, it can also be judged from the intermediary fee required.
However, in practice, the intermediary costs of renting houses vary from place to place, and the specific costs should be determined according to the intermediary market where the houses are located. In practice, there are two ways to calculate the general agency fee: if the lease term is less than 6 months (including 6 months), the rent will be charged for 6 months; If the lease term exceeds 6 months, the rent of 1 month will be charged.
In addition, because the intermediary connects the tenant and the landlord, some people looking for an intermediary don't understand who pays the intermediary fee. In fact, the intermediary fee for housing rental is negotiated by both parties themselves, so there is no uniform standard for intermediaries everywhere. For example, the intermediary requires the owner to pay the full amount, the intermediary requires the owner and the tenant to pay half, and the intermediary requires the tenant to pay.
At present, there are still many disputes between housing agencies, but tenants don't have to worry about being trapped by the agency. As long as you take up legal weapons to protect your rights, you can recover your losses in time. In fact, different types of housing lease and sale disputes have different solutions and complaint departments. For example:
1, involving real estate agents operating without a license and publishing false housing information, which can be reflected to the industrial and commercial departments;
2, involving intermediary illegal charges, to reflect the price department;
3. No real estate brokerage service registration certificate or forged certification materials. , defrauding the qualification of buying a house, defrauding or defrauding the housing provident fund, circumventing the loan restrictions, and signing a "yin-yang contract" to evade taxes and fees, can be reflected to the housing management department;
4. If the signed contract cannot be advanced due to one party's breach of contract, the three parties can settle it through consultation. If negotiation fails, the parties may apply to the local arbitration commission for arbitration or bring a lawsuit to the people's court according to law.
From the above analysis, we know that, according to the provisions of the Civil Code, if the intermediary facilitates the establishment of the contract, the client shall pay the remuneration as agreed. Therefore, even if no intermediary contract is signed, the service fee will be borne by the customer after the intermediary matches the contract. If you need legal help, readers can consult.