Which department do I go to to resolve a dispute with a real estate agent?

Nowadays, most of the second-hand houses we buy and sell are realized through intermediaries, but sometimes there will be some disputes in the process of realizing transactions through intermediaries, how to deal with disputes when we have disputes? Several common intermediary disputes are:1

Disputes arising from the payment of intent money. It is manifested in the unclear agreement of "intention money" instead of "deposit". 2.

Disputes arising from jumping intermediaries. It is manifested that the buyer signed the "Confirmation of Viewing of the House" when viewing the house (the "Confirmation of Viewing of the Property" shows that the buyer jumps out of the intermediary and makes a private transaction with the seller, and the buyer shall pay liquidated damages to the intermediary), and after viewing the house, the buyer makes a transaction through other intermediary companies. 3.

Disputes arising from untrue information provided by intermediaries. It is manifested as deliberately concealing material facts related to the conclusion of the contract or providing false information. In the event of a dispute, we usually have the following solutions:

1.Negotiate. The parties shall settle the dispute on the basis of equality, agreement and friendly consultation.

2.Conciliation. If the parties to the contract cannot reach an agreement, they may request mediation by the relevant institution.

3.Arbitration or Litigation. Negotiation or mediation fails.

You may, in accordance with the provisions of the contract, file a lawsuit with the people's court with jurisdiction or submit the dispute to an arbitration institution with jurisdiction for adjudication to resolve the dispute. Legal basis: Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation.

If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.

The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

You paid the deposit at that time, in addition to the receipt there should also be a deposit slip, indicating the specific situation you set ** and other relevant regulations, including the liability of both parties for breach of contract and the treatment of the inability to turn into a contract, you see, whether the developer constitutes a breach of contract.

At the bottom of the contract, there will be a mark, if the two parties cannot negotiate to solve, go to ** solution? Generally, it is settled by arbitration at the place where Party A (developer) is located, or by court. Look at the list signed at that time, the agreement is **.

Then go directly to the arbitration commission for arbitration, or sue in court, if the developer breaches the contract and cannot provide other supporting materials. Such liability is easy to determine and will not drag on for too long, and the resulting litigation costs will be borne by the losing party.

Also, you have the other party's receipt in your hand, so the return is also a big proof basis, you should keep the original, if there is an original bank wire transfer note, keep it together.

Which department should the real estate agent go to when complaining?

Intermediary disputes should be resolved with the local industrial and commercial bureau or housing management department. Intermediary disputes may first be negotiated between the parties themselves, and if the negotiation fails, they may apply to a grassroots organization for mediation, and if the mediation fails, they may file a lawsuit with the court. If there is an arbitration agreement or arbitration clause beforehand, it may apply for arbitration.

[Legal basis].

Article 186 of the Civil Code: Where the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability. Article 186 Where the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request it to bear the liability for breach of contract or tort liability. Article 233:Where property rights are infringed upon in Congzhou, the rights holder may resolve the matter through conciliation, mediation, arbitration, litigation, or other means.

If you have a dispute with a real estate agent, go to the real estate department or the industrial and commercial bureau. If there is a dispute with the real estate agency, you can go to the housing management department where the intermediary company is located and the industrial and commercial bureau to complain about it, and the industrial and commercial bureau shall coordinate and notify the result within 7 working days.

Article 37 of the Measures for the Administration of Real Estate Brokerage.

Violation of Article 25 (3), (4), (5), (6), (7), (8), (9), (10) of these Measures, by the local people's ** construction (real estate) departments at or above the county level shall order corrections within a time limit and record them in the credit file; impose a fine of 10,000 yuan on real estate agents; For real estate brokerage institutions, the qualification for online signing will be cancelled and a fine of 30,000 yuan will be imposed.

Article 962 of the Civil Code.

The intermediary shall truthfully report to the client on matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.

The channels for complaining about a real estate agent are as follows:

1. Go to the local industrial and commercial bureau to complain, or call 12315 to complain to the consumer association.

2. Find the real estate bureau or gradually complain.

3. If it is a large chain intermediary, you can complain to their headquarters.

Pay attention to the following aspects in real estate transactions:

1. Carefully choose a real estate brokerage agency, and the real estate brokerage institution and its branches can only engage in second-hand housing transaction services after obtaining the record certificate of the real estate brokerage agency.

Second, be cautious to prevent the security of transaction funds and property, do not hand over the transaction funds to the real estate brokerage agency to collect and manage, and do not hand over the original housing ownership certificate and other important documents to its escrow.

3. Choose carefully what you buy**, and don't buy a house that has not yet obtained the house ownership certificate cheaply.

Fourth, sign contracts cautiously and prevent fraud. Brokerage services should be clearly marked, and consumers should not be greedy for cheap transaction taxes and fees to be paid and sign agreements such as "package collection" with brokerage institutions to prevent fraud.

Judicial Interpretation of the Crime of Fraud.

According to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" (effective April 8, 2011), "where the value of public or private property is 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 266 of the Criminal Law.

In any of the following circumstances, where the amount of public or private property defrauded reaches the above-mentioned monetary standards, it may be severely punished in accordance with Criminal Law article 266 as appropriate:

1) Committing fraud against an unspecified number of people by sending text messages and making phone calls**, or using the internet, radio and television, newspapers and magazines, and so forth to publish false information;

2) Fraud in disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, relief, or medical treatment;

3) Committing fraud in the name of disaster relief fundraising;

4) Defrauding the property of persons with disabilities, the elderly, or persons who have lost the ability to work;

5) Causing the victim to commit suicide, become mentally disturbed, or have other serious consequences.

Where the amount of fraud is close to the standards of "huge amount" or "especially huge amount" provided for above, and has any of the circumstances provided for in the preceding paragraph, or is a ringleader of a fraud group, it should be found to be "other serious circumstances" or "other especially serious circumstances" as provided for in article 266 of the Criminal Law.

Legal analysis: You can file a complaint with the local real estate administrative department (i.e., the housing authority), or you can go to the consumer association to protect your rights. Real estate intermediary service fees are subject to a clear pricing system, and intermediary service agencies shall publish their charging items, service contents, billing methods, charging standards and other matters in a conspicuous position in their business premises or payment locations.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.