The house trading cannot be done, but the intermediary company is delayed!Buyers sue it to court!
Author:Lijiang Read Time:2022.09.15
There are many ways to buy a house and sell a house. If the ordinary citizens are unclear, they like to seek the help of an intermediary company.
In this way, the seller does not have to worry about the source of no customers, and the buyer can also carefully choose from a large amount of suitable housing. Not only that, the steps after the transaction are also much smooth.
However, Reading Benjun wants to remind everyone that buying and selling houses is a big event. Even if he finds an intermediary company for help, he should be more attentive to prevent the forks from the money.
After buying and selling the house, I found that I couldn't change the name
In 2020, Xiao Chen prepared to buy a house, with the help of a real estate economy Co., Ltd. (hereinafter referred to as an intermediary company) in Lijiang, fancy a property with a couple.
In the end, the three parties negotiated and signed the "House Sale Contract", which agreed that the intermediary company would be the intermediary, and the couple voluntarily transferred a unit house in a community in the ancient city of Lijiang City to Xiao Chen. The price was more than 1.13 million yuan. Essence
In order to ensure the smooth performance of the transaction, Xiao Chen paid a deposit of 200,000 yuan with a couple. On the day of the property rights, Xiao Chen saw the receipt with his own name issued by the property rights department, and paid a house of 700,000 yuan to the couple. For a couple.
During this period, the intermediary company provided the following services:
1. Accept the commission of Xiaochen Housing and provide him with real estate information to accompany Xiao Chen to see the house;
2. convey to Xiao Chen Rushi or report the true intention of the seller, etc.;
3. Provide intermediary services such as consulting services such as the transfer of property rights transfer registration, term, and expenses paid for the transfer of property rights.
After the contract was signed, Xiao Chen transferred more than 20,000 yuan in intermediary service fees to the intermediary company. After that, the intermediary company also proposed to Xiao Chen that the house of 90,000 yuan was required to be renamed. Xiao Chen transferred more than 90,000 yuan to the intermediary company in January the following year.
What makes people unexpected is that Xiao Chen and a couple later verified that the house could not go through the renaming procedures.
House buying and sale cannot be done
The intermediary company does not refund the fee
Helpless Xiao Chen negotiated with a couple to lift the house sale and selling contracts, and returned the down payment paid by Xiao Chen paid by Xiao Chen.
Xiao Chen believes that the house sale is not successful, and the intermediary fee and rename fee should naturally be returned, but Xiao Chen Duofang asked, but the intermediary company has not returned. Helpless, Xiao Chen complained to court.
The court made a judgment after hearing:
1. The agency ordered the company to return the house to Xiao Chen to the house to return the house to more than 90,000 yuan and the capital occupation fee of more than 300 yuan within ten days;
2. The intermediary company returns 80%of the house agency for more than 20,000 yuan to Xiao Chen's return to Xiao Chen within ten days.
In this regard, many people expressed unconcerned why the house was not bought, but the intermediary fee only returned 80%. What is the cost of the house rename? Is it reasonable?
In this regard, Reading Benjun consulted the lawyer Li Xuejun of Tianwai Tian (Lijiang) Law Firm in Yunnan.
Pay attention to the intermediary contract dispute to buy and sell houses
Li Xuejun introduced that the case was a dispute between the intermediary contract. The intermediary company provided intermediary services for the house trading contract between Xiaochen and a couple. The "House Sale Contract" signed by the three parties was the true expression of the equal subject of equal subjects, which was legally effective.
Regarding the formation of an intermediary contract between Xiao Chen and the intermediary company, as an intermediary, real estate economy Co., Ltd. should provide the client that provides a media service with contracts and reports the contract with the contract. In this case, Real Estate Economic Co., Ltd. charges Xiao Chen's renames and has no contract and legal basis.
Xiao Chen asked the company to return after negotiating with a couple, and his long -term arrears of behavior constituted improperly.
In response to Xiao Chen's request to refund the agency fee of more than 20,000 yuan, in this case, the actual situation of the real estate filing is registered with a couple and has not yet obtained the house property certificate. Chen as a real estate buyer's burden to sign the contract for the contract, and the company, as a professional institution that provides property rights transfer registration procedures, has the obligation to review whether the house is in accordance with the condition of whether the house is registered. After promising that Xiao Chen could go through the renaming procedures and failed to handle the fee, it violated the legal obligations and contracts of the truthful report and the contract agreement, and should bear the corresponding liability for breach of contract.
However, the company still provided trading opportunities in the process of buying and selling the house, taking the house to assist in the establishment of a contract and verifying the loan situation. Xiao Chen should pay the agreed agency fee of more than 20%of the agreed agency fee as appropriate. For more than 4,000 yuan, the company also returned to Xiao Chen's agency fee to Xiao Chen due to his breach of contract.
Xiao Chen's case also tells us that buying a house and selling a house should be cautious. On the one hand, the intermediary company is entrusted, and on the other hand, he cannot take it lightly.
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