God operation!8 million villa intermediary swallowing 500,000 price difference, the buyer was sued to compensate 800,000, to prevent “black intermediary”, the court suggested……

2022-04-29 0 By

Villa intermediary quoted price of 8 million, later learned that the original price of 7.5 million, the original intermediary swallowing 500,000 difference, the buyer can remove the purchase contract?Do you still need to pay the agency fee after termination?Intermediary hao swallowed 500,000 price difference a few days ago, according to the guangzhou Intermediate People’s Court news, in March 2021, through a housing intermediary company (referred to as: intermediary company) to provide intermediary services, Wang mou husband and wife and Feng mou signed a housing sales contract, agreed: Feng mou to buy wang mou husband and wife villa at the price of 8 million.After Feng inadvertently learned from Wang husband and wife, its offering price is 7.5 million yuan, the difference of 500,000 yuan is the intermediary to charge.Feng mou thinks he is deceived accordingly, put forward to wang Mou couple to dismiss an agreement.After the intermediary company is informed, persuade Wang mou husband and wife to feng mou did not pay in accordance with the agreement on the grounds of the court, the request to remove the housing sales contract, and ask Feng mou to pay liquidated damages 800,000 yuan.The court judgment: the sale contract terminated, rejected the request to pay liquidated damages of 800,000.At the same time, the intermediary company also did not pay the intermediary fee in accordance with the agreement on the ground, to the court: feng asked to pay the intermediary fee 40,000 yuan and assume breach of contract damages.Image: taken figure network (figure) court: reject the intermediary company all the claims are proved, from the Feng Mou and wang mou WeChat and can be seen in the telephone communication, intermediary company as intermediary parties involved in the sale and purchase contract, its selling houses to Feng Mou price 500000 yuan, to earn the price behavior.This behavior not only violates the principle of good faith, but also violates the industry regulations as a real estate agency service party, and violates the relevant professional ethics.Basis “civil code of People’s Republic of China” the regulation of 962, intermediary company has no right to advocate to Feng mou the estate that the contract agrees to seek advice or buy and sell agent cost and corresponding breach of contract penalty, reject intermediary company to put forward the lawsuit request of intermediary fee and breach of contract penalty.The judge said, according to the law of the People’s Republic of China civil code “consumer rights and interests protects a law” and “real estate brokerage management method” and other relevant provisions, real estate agents engaged in intermediary activities should follow the principle of good faith, according to the facts disclosed to the buyer and seller information on transaction, transaction, shall not collect any fees other than the legal fees.In practice, a few bad intermediary agencies take advantage of information asymmetry between buyers and sellers and need to communicate through intermediaries to artificially raise the transaction price for the buyer and deliberately lower the transaction price for the seller, in order to achieve the profit of the price difference, which is commonly known as “eating the difference” behavior.This is illegal real estate intermediary use fraudulent means to conclude a contract, illegal profit behavior.This kind of behavior not only violates the intermediary code of conduct, but also damages the rights and interests of consumers, and is not conducive to the maintenance of normal market trading order.Even if the intermediary agency and the seller agree to take the difference beyond the specified price as the intermediary service fee, the intermediary agency should truthfully disclose the relevant information to the buyer and obtain the consent of the buyer, and should not deliberately conceal.Otherwise, the buyer has the right to refuse to continue to perform the housing sales contract, and has the right to refuse to pay the intermediary fee.The seller should not be eager to sell the house and cooperate with the intermediary illegal “eat the difference” behavior, otherwise not only “haste makes waste”, but also may be involved in litigation, increasing the cost of time and money.To prevent “black intermediary”, the court recommended…First choice of large formal intermediary companies, after all, “run monk can not run temple”.Before signing the contract, both the buyer and the seller should learn about the market situation in many ways. They can go to the real estate site to learn about the market price from the surrounding residents or the intermediary agencies, and they can also learn more real market information by searching for relevant information online. Both the buyer and the seller should have a basic understanding of the house value before the transaction.When signing a formal contract, the buyer and the seller and the intermediary company must be present for negotiation, fair, open and impartial transaction.If the right holder is unable to be present for some reason, it shall also issue a power of attorney in accordance with the law for the examination of the other party.In the process of viewing houses and signing contracts, it is necessary to keep relevant audio and video recordings or wechat chat and SMS communication materials in order to deal with possible rights protection issues.Daily Business News