According to the provisions of Parts 6 and 7 of the Regulations "Notice on Real Estate Agency Service Charge Standards": The state stipulates that the agency fee shall not exceed 30%, generally 0.5-2.5% of the total house price. .
6. Real estate agency service fee refers to the commission charged by professional real estate brokers who accept entrustment and intermediary agents. Real estate agency service fees vary according to different agency projects.
1. The house leasing agency fee, regardless of the length of the lease period, is based on the standard rent amount of half a month to one month, and is collected in one lump sum after negotiation and agreement by both parties.
2. The agency fee for house sales is charged at 0.5%-2.5% of the total transaction price.
3. If exclusive agency is implemented, the charging standard shall be negotiated between the client and the real estate agency, and may be appropriately increased, but the maximum shall not exceed 3% of the transaction price.
4. The agency fee items and standards for land use rights transfer fees shall be separately stipulated.
5. The real estate agency service fee charged by the real estate agency to the client.
7. The above provisions are the highest standards for real estate price evaluation and real estate brokerage fees. The price and real estate administrative departments of all provinces, autonomous regions, and municipalities directly under the Central Government may formulate local specific charging implementation measures based on this notice and report them to the State Planning Commission and the Ministry of Construction for filing. The charging standards of special economic zones can be appropriately set higher, but the maximum shall not exceed 30% of the above charging standards.
Extended information:
A case of being sued for excessive agency fees:
On February 18, 2016, an employee of Lianjia Lugu Store in Shijingshan District, Beijing With the introduction, Ms. Wang took a fancy to a house located in a community on Lugu Street. She believed that the agency fee of 2.7% of the total room price proposed by Lianjia staff was too high. After communicating with the staff to reduce the price, Ms. Wang did not make up her mind that night.
"The agency fee is too high. The price of the house I am interested in is 2.16 million yuan. According to the standard of 2.7% of the total house price, I need to pay an agency fee of more than 58,000 yuan." Ms. Wang told reporters. The next day, Ms. Wang continued to look at houses through other housing agencies, but the results were not ideal. "Because other agencies have fewer properties."
Ms. Wang said that on the same day, she contacted the staff of Lianjia again and asked to communicate with the homeowner. When the homeowner agreed to reduce the price by 10,000 yuan and Lianjia agreed to reduce the agency fee by 2,050 yuan, Ms. Wang agreed to sign the contract. When signing the contract, Lianjia staff told Ms. Wang that the 2.7% agency fee includes 2.2% agency service fee and 0.5% guarantee service fee.
Ms. Wang pointed out that Lianjia staff made it clear that the above-mentioned "Intermediary Service Contract" and "Housing Transaction Guarantee Service Contract" must be signed together, and the printed part of the contract cannot be modified. The reporter noticed that the "House Transaction Guarantee Service Contract" signed by Ms. Wang has three parties, including the house seller, the house buyer, and Beijing Zhongrong Xin Guarantee Co., Ltd., which provides housing transaction guarantee services.
The contract stipulates that the guarantee services include 13 items including the safekeeping of important transaction-related information such as property ownership certificates, notification of loan approval progress, and provision of housing transaction fund custody services. "Lianjia" employees made it clear at the time that they could provide this service to home buyers. "
The Lianjia staff made it clear that the two contracts must be signed together, and I could only sign all the contracts as required." Ms. Wang said that after signing the contract, she paid Lianjia**** 56,000 yuan.
Ms. Wang’s lawyer Zhang Zhengxin added that the company is a wholly-owned subsidiary of Beijing Lianjia Real Estate Brokerage Co., Ltd. The two parties signed the contract as agreed, but Ms. Wang's doubts did not disappear. After collecting relevant information, she believed that based on Lianjia Company’s introduction and her own home purchase experience, Lianjia Company held a dominant position in the existing residential sales and purchase brokerage service market in the six districts of Beijing in 2016.
And there is abuse of market dominance. Therefore, Ms. Wang sued Beijing Lianjia Real Estate Brokerage Co., Ltd. to the court, demanding the return of part of the intermediary service fees, guarantee service fees, and payment of reasonable fees, totaling 20,000 yuan.
"It is of great social significance for consumers to file antitrust lawsuits against housing agencies."
Qiu Baochang said that when consumers sue companies with market dominance or market advantage, they say "no" to unfairly high prices. This is in line with the relevant provisions of my country's Anti-Monopoly Law and the "Consumer Rights Protection Law".
Reference materials: People's Court Litigation Assets Network-Notice of the Planning Committee of the Ministry of Construction on the issue of real estate brokerage service charges
People's Network-"High intermediary fees", "Bundled sales", "High?, "bundled sales"? Lianjia was sued