If the house was not bought, he was sued for an intermediary fee?The court sentence

Ms. Zhang, who lives in Haizhu District, Guangzhou, has recently received a subpoena from Haizhu Court, and she told her a real estate intermediary company that she entrusted to buy a house two years ago. Ms. Zhang clearly remembered that her transaction with the seller Huang at the time had already been "invalidated" and the house was not transferred. Why did the intermediary company sue her two years later and ask for the intermediary fee? Will the court be supported?

See you at first sight, buy a house in five minutes

In September 2019, Ms. Zhang intends to buy a house, so she commissioned a real estate agent to find a suitable listing for her. One day, the intermediary contacted Ms. Zhang to see a house sold on that day. Ms. Zhang is very satisfied with all aspects of the house, and the price meets her psychological expectations.

The entire house watching process was only about 5 minutes, and Ms. Zhang decided to sign a contract with Mr. Huang. Due to the faster viewing and signing process and at night, Ms. Zhang did not notice what abnormal Mr. Huang had.

Afterwards, Ms. Zhang recalled that during the signing process, Mr. Huang almost said nothing. He only nodded, smiling, "um" and other simple actions and language response. The two parties completed the contract signing in just half an hour.

One pillow is beam, buying a house is empty and there is a cause

On the night of the signing of the contract, Mr. Huang's cousin contacted Ms. Zhang and the intermediary, saying that Mr. Huang had a long -term mental illness, did not have the ability to fully civil behavior, and sent Mr. Huang's medical records. It turned out that Mr. Huang has experienced depression, loneliness, insomnia and other symptoms since 1998. He has lived alone for many years. He slowly developed to often illuminates. It feels like someone wants to harm him.

On the night of the transaction, Mr. Huang and his family told the phone to tell the house. The family immediately realized that it was wrong, so he immediately contacted the intermediary. Then he learned that Mr. Huang went to the intermediary company on the morning of the transaction. Essence After negotiation, Mr. Huang's family returned the house deposit to Ms. Zhang. The two parties confirmed that the transaction was "invalidated" through WeChat chat. The staff of the intermediary company also verbally promised that Ms. Zhang was invalid, and there was no intermediary service fee.

One fog, buying and seller sitting on the defendant's seat

In December 2021, it has been more than two years in the past two years. Ms. Zhang and Mr. Huang were suddenly sued by the intermediary company and asked the two to pay the intermediary service fee of 30,500 yuan and overdue payment liquidated damages. The intermediary company believes that it has fulfilled intermediary services such as listing, looking for customers, leading houses, querying house information, and promoting contracting. The corresponding service fee should be charged. In October 2019, Mr. Huang also issued the "Performance of the Performance Contract" to Mr. Huang.

The Haizhu Court believes that the transaction in this case involves a real estate worth millions of yuan. During the entire transaction, compared with the buyer and seller, the intermediary company has the professional knowledge and experience of house trading. Ability, house conditions, etc. to control transaction risks.

In this case, the intermediary company only fulfilled the preliminary behavior of the trading of the listing, viewing, signing, and the contract. The transfer of house property rights and the delivery of houses has not occurred. It is less than one day from the listing of the house to the contract signing. Even short, Ms. Zhang failed to fully communicate with Mr. Huang, so that she had not found that she had a mental illness. It can be seen that the service workload paid by the intermediary personnel was limited and did not fully fulfill the obligation of prudential. When the agency learned that Mr. Huang's illness and the buyer and the buyer returned the deposit, he did not raise any objections. Afterwards, he issued the "Performance of the Performance of the Performance Contract" to Mr. Huang, and filed a lawsuit after a lapse of two years.

To this end, the verdict rejected all of the above -mentioned real estate agencies' claims.

Suggestion: Real estate intermediary agency amend the format contract

According to the supervisor, the contract versions signed by most buyers and sellers are provided by the intermediary agency in the current housing transactions, and some terms belong to the format contract terms. In order to charge the intermediary service fee as soon as possible, some intermediaries will make a agreement on the contract in the contract. In fact, the agreement is to be discussed in terms of rationality and protection of the rights of both parties.

It is recommended that the buyer and sellers make a modification or clarifying this article when signing the contract. The payment suggestions for the agency fees will be paid in stages in stages. Service fee.

The court hopes that in the process of house trading, both buyers and sellers and real estate agencies can carry out a cautious and rigorous attitude, adhering to the spirit of integrity and friendly socialist core values, and jointly establish a harmonious and stable housing trading environment.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Haifa Xuan Tu/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhua City Editor: Wu Yizheng

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