To buy and sell a house, do you have to go through an intermediary?

Updated on society 2024-03-14
5 answers
  1. Anonymous users2024-02-06

    No, they have a lot of **, and they have to be charged.

  2. Anonymous users2024-02-05

    Legal analysis: 1. In the contract, it is clear that the house can not be transferred, which is generally only a temporary situation, and when the two parties sign the transaction contract, you can note this article, which is also protected by law, and if there is a problem with the transfer in the future, the contract can be used as a certificate.

    2. If the house cannot be transferred, then it is recommended to go to the housing authority for mortgage registration.

    3. Notarization. If you want to trade a house that cannot be transferred, you can go to a notary office and notarize it.

    4. Find an intermediary. Although the cost of finding a real estate agent is not small, I have to admit that using an agent can save a lot of trouble for both buyers and sellers.

    5. Find out the reason why the transfer cannot be made. The non-transferable macro is only temporary, and you should go through the transfer procedures as soon as possible.

    Under what circumstances is the contract for the sale and purchase of rural houses invalid:

    1) The contract is invalid if the property is separated and sold. Since the house is built on the land and is an attachment to the land and is inseparable, when the ownership of the house is transferred through sale and purchase, the land use right within the scope occupied by the house must also be transferred at the same time or transferred with the house. If the seller sells the property and the land-use rights separately to different buyers, or sells the house only to transfer the ownership of the house and not the land-use rights at the same time, the buyer may claim that the sales contract is invalid.

    2) There is a problem with the subject and the contract is invalid. The person selling the house must be the owner of the house. If a non-owner sells another person's house, the sale and purchase act is generally invalid. If the property rights of the house are shared by several people, the consent of the co-owners must be obtained before it can be sold.

    3) Infringement of the right of first refusal, the contract is null and void. When the owner of the house sells the co-owned house, the co-owner has the right of first refusal under the same conditions. If the owner of the house sells the leased house, he shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal to purchase on the same terms.

    4) Illegal transfer, the contract is invalid. It mainly includes the transfer or sale of real estate rights that judicial and administrative organs have ruled or decided to seize or otherwise restrict in accordance with law; recovering the right to use land in accordance with law; The ownership is disputed; Other circumstances where laws and administrative regulations prohibit transfer.

    Legal basis

    Civil Code of the People's Republic of China

    Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

    The ownership of natural resources that belong to the State in accordance with the law may not be registered.

    Article 210 The registration of immovable property shall be handled by the registration authority that has awarded the high level of immovable property.

    The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

  3. Anonymous users2024-02-04

    Real estate agency is specialized in housing transactions related to institutions, the procedures for the transfer of housing are clear, in the ** or when buying a house, choose a good one in which to intermediate, only need to pay a certain intermediary fee, can help you save a lot of energy, so whether the seller or the buyer in the process of choosing an intermediary must be compared in many ways, choose a high-quality intermediary.

    For the private sale of second-hand houses, due to the absence of intermediaries as a third-party guarantee and the lack of legal protection, it is extremely necessary for the buyer to inquire about the housing registration information at the housing property rights registration authority. For example, whether the house is included in the scope of demolition; whether the property is rented out; whether the house has been mortgaged or seized in accordance with the law; whether the title of the house is clear (e.g. the house is co-owned by co-owners), etc.

    Some homeowners have been in arrears for a long time in arrears such as property fees, electricity bills, ** fees, etc., and if the buyer unknowingly conducts a house transaction, once the house payment is fully delivered to the seller, all these costs are likely to be borne by the buyer in full.

    Legal professional real estate intermediaries, with sufficient information, fast update speed, and large room for choice. In the case of a hot market, you can take the lead and strike first; When the market is flat, you can compare more cost-effective and rational choices. According to the buyer's economic situation, personal preferences, and specific needs, the targeted recommendation matching degree is high**, and the efficiency of successful house selection and purchase can be improved.

    Generally through the intermediary, otherwise the buyer and the seller do not trust each other, the buyer is afraid of paying the money and not getting the house, the seller is afraid of paying the house and not getting the money, with the third party of the intermediary, there is a problem, both the buyer and the seller can find an intermediary, in the second-hand housing transaction, housing screening is an important part, which is also an important reason why the intermediary is needed in the second-hand housing transaction. If there is a problem with the house itself and the transfer cannot be completed, the agent will be held responsible. However, you can buy a second-hand house without going through an intermediary, but if you conclude a transaction through an intermediary, then you will have to pay the intermediary fee anyway.

    Because the agent can find out the transaction status of the property and record the buyer and seller. If there is a transaction through an intermediary, but the transfer is private, legal proceedings will be initiated. At that time, you will also need to pay an intermediary fee.

  4. Anonymous users2024-02-03

    Whether you need to pay the intermediary fee depends on the situation, and there are generally the following situations: 1The intermediary socks facilitate the two parties to sign a sales contract, but the transaction ultimately fails due to non-intermediary reasons, and the intermediary has the right to charge an intermediary fee; 2.

    If the intermediary does not facilitate the signing of the sales contract between the two parties, it is not entitled to collect intermediary fees, but it can charge appropriate labor fees; 3.The intermediary facilitates the signing of the sales contract between the two parties, but the transaction cannot be completed due to intermediary reasons, and the intermediary has no right to charge the intermediary fee.

    Article 502 of the Civil Code A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

  5. Anonymous users2024-02-02

    It is not necessary to go through an intermediary to make a real estate transaction. Generally, intermediaries will be used in second-hand housing transactions, and buyers do not want to buy second-hand houses through intermediaries and go through the relevant procedures are okay, but both parties to the transaction must have enough energy and time, because the property needs to be transferred and mortgaged, and the follow-up procedures are more complicated. Legal basis

    Article 961 of the Civil Code An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for concluding a contract, and the client pays remuneration. Article 962: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.

    Article 963:Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration as agreed.

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