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It is essential to entrust a formal intermediary to sell a house and sign the "Housing ** Entrustment Agreement".
According to Article 23 of the "Measures for the Administration of Real Estate Brokerage", individuals need to sign an entrustment agreement in the intermediary company.
To entrust the sale of the house, the seller needs to bring his own identity documents and real estate certificates, and sign the "Housing ** Entrustment Agreement" at the intermediary agency. If you are unable to show up, you will also need the identity certificate of the trustee and the Power of Attorney signed by the trustee.
There are a few things to pay attention to:
1) If the property owner cannot sign the contract in person, the client needs to provide the Power of Attorney signed by the property owner.
2) The Housing ** Entrustment Agreement shall be in duplicate, and the content of the two agreements (including the manual part) should be completely consistent; All terms must be filled in carefully, truthfully and completely (especially the house address and property right certificate number, which should be filled in completely according to the content of the property right certificate registration, and shall not be omitted or abbreviated).
3) If the trustee signs the contract, it shall be signed in the correct format. The format of the seal is: the name of the trustee on behalf of Party A, or the name of Party A (the name of the trustee).
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It is not necessary to sign a power of attorney to sell a house with an agent.
If you need to entrust a real estate agency to sell a house, you should sign an intermediary contract with the intermediary, and agree that the intermediary will contact the buyer for the first party, and the first party will pay the intermediary fee to the intermediary according to the agreement.
If the power of attorney is only entrusted to the intermediary to contact the seller, it can be signed according to the intermediary's requirements;
If you directly entrust an intermediary to sign a contract for the sale and purchase of a house with the buyer, there is a great legal risk, and it is personally recommended not to sign it.
Article 23 of the Measures for the Administration of Real Estate Brokerage stipulates that the client shall provide true and valid identity certificates to the real estate brokerage institution when signing a real estate brokerage service contract with a real estate brokerage institution. If you entrust ** or rent out a house, you should also provide a real and effective housing ownership certificate to the real estate brokerage agency.
If the client fails to provide the required information or the information provided is inconsistent with the actual situation, the real estate agency shall refuse to accept the entrustment.
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A power of attorney can be signed, either exclusive or non-exclusive. It's okay if you don't sign it, depending on your mood.
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Legal analysis: If you need to entrust a housing intermediary to sell a house, you should sign an intermediary contract with the intermediary, and agree that the intermediary will contact the buyer for the first party, and the first party will pay the intermediary fee to the intermediary as agreed. If the power of attorney is only entrusted to the intermediary to contact the seller, it can be signed according to the intermediary's requirements;
Legal basis: Civil Code of the People's Republic of China
Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.
Article 920:The client may specifically entrust the trustee to handle one or more affairs, and may also entrust the trustee to handle all affairs in general.
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Legal Analysis: A Power of Attorney needs to be written. When the owner entrusts an intermediary company to rent out the house, he needs to provide materials and handle the entrustment of three certificates.
Legal basis: "Measures for the Administration of Real Estate Brokerage" Article 22 Real estate brokerage institutions and the client to sign a housing **, rental brokerage service contract, should check the entrustment, rental of the house and housing ownership certificate, the client's identity certificate and other relevant information, and should prepare a statement of housing conditions. With the written consent of the client, the corresponding information can be released to the public.
When a real estate brokerage institution signs a contract with the client for housing purchase and leasing brokerage services, it shall check the client's identity certificate and other relevant materials.
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1. All entrustment agreements are divided into: ordinary entrustment sales and exclusive entrustment sales, which can be signed or not, but the signing of the exclusive entrustment agreement is subject to certain restrictions on the content of the agreement, such as: during the exclusive entrustment period, it is not allowed to sell through other intermediaries, and the owner "skips orders" to bypass the intermediary and make transactions privately.
On the commission of an agent to sell a house:
1) From the owner's point of view, many owners basically verbally inform the intermediary of the relevant information of the house to be sold, such as: community, building, house number, property right information (separately owned, jointly owned), property right period information (full two years, full five years), real estate under their name (full five unique), housing mortgage, household registration, etc.;
2) From the perspective of intermediaries, in order to be able to diversify and maximize the service to the owners, and at the same time maximize the protection of the commissions obtained from their own services, most of them will propose exclusive consignment sales with the owners, and try to guide the owners to sign exclusive agreements.
Sales contracts are divided into: ordinary sales contracts (agency) and intermediary sales contracts. The main responsibilities and constraints are different.
In the signing of the second-hand housing sales contract: the difference between the agency contract and the intermediary contract.
1) The main responsibility constraints of the agency contract are that the contract disputes and dispute restrictions between the buyer and the seller are limited for the intermediary, and only provide them with the constraints of agency procedures and "go through the process and do the procedures", and the intermediary liability involved is minimal after the transaction disputes;
2) The intermediary contract is to bind the buyer and the seller and the intermediary, and if there is a dispute or dispute in the process of housing transaction, the intermediary shall bear the corresponding liability, mainly joint and several liability.
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Hello, let me tell you.
What is a consignment agreement for the sale of a house?
This means that your house was sold by only one agency.
How much money do you want to sell for at a minimum.
He sells you more.
The money from the sale is given to the intermediary.
Or you're half of each other.
For example, your house wants to sell for 450,000 net price.
What does net price mean.
Not even the intermediary fee.
The intermediary sells you 470,000.
Sell for 20,000 yuan more.
Maybe 20,000 dollars.
You and the agent are one and a half.
Or the money is given to the intermediary.
It's a matter of how the contract is written.
Whether it's good for you or not, there is no obstacle.
Actually, there is a little bit of goodness.
It's that you don't have to get 20 a day
More than 30 ** hehe.
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What should I pay attention to when entrusting an agent to sell a house? These four points cannot be ignored.
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To entrust an intermediary to sell a house, you need to sign an entrustment contract, Contract Law of the People's Republic of China
Article 396:An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the client's affairs.
Article 397:The client may specifically entrust the trustee to handle one or more affairs, and may also entrust the trustee to handle all affairs in general.
Article 398: The client shall pay in advance the costs of handling the entrusted affairs. The Trustee shall reimburse the necessary expenses advanced by the Trustee for the handling of the entrusted affairs, and the Principal shall repay such expenses and their interest.
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