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Generally, you have to pay two months' rent, for example, the rent is 2000 per month, and you have to pay 4000
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How to ensure the security of the intermediary fees you pay:
When paying the mortgage fee, buyers should be careful not to hand over the money directly to these companies or the business personnel of the intermediary company, but to the financial department of the real estate agency or to the real estate agency through bank transfer, and at the same time should ask the real estate agency to issue a formal invoice. If the buyer thinks that the intermediary company's fees are unreasonable, he can ask to explain where the overcharged house money comes from, whether there is a legal basis for doing so, and whether there is a ** document to support it.
It is suggested that when buying a second-hand house, buyers should first keep the voucher of the intermediary fee to ensure that they can find the necessary evidence when protecting their rights in the future. Secondly, the buyer should make an effort to communicate with the headquarters or upper management of the real estate agency to negotiate and resolve the fee dispute. Thirdly, in the event that the negotiation fails, the buyer can report the situation to the People's Court, the Housing and Urban-Rural Development Commission, and the Consumer Association, and if necessary, file a lawsuit with the people's court to protect their legitimate rights and interests in accordance with the law.
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Generally, it is paid quarterly or semi-annually. If you have a deposit, it should be half a month's rent.
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Legal analysis: If the deposit is paid by the intermediary company, there are two situations: if you simply hand over the earnest money to the intermediary company, it can be refunded, and if the deposit is handed over to the landlord by a third party, it cannot be refunded.
Even if the previous payment is a sincerity money, but later with your consent to convert it into a rental deposit, and the other party has not breached the contract, it is difficult to ask for a refund, but both parties can negotiate a refund. Because the role of the deposit is to ensure the performance of the contract, the tenant has signed the contract, and then breaches the contract, the landlord can not refund your deposit, which is the so-called deposit penalty.
Legal basis: Civil Code of the People's Republic of China
Article 961:An intermediary contract is a contract in which an 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.
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There is no brokerage fee to renew the lease of the house. The tenant finds an agent, finds the landlord through the agent, and signs the lease contract through three-way negotiations. This method requires a one-time brokerage fee, which is usually paid as a percentage of the rental's rent for the first month.
The renewal of the lease is regarded as the continuation of the housing lease contract entered into by the parties in accordance with the law, and there is no need to pay the intermediary fee. The rental agency fee is a commission paid to the intermediary agency according to a certain percentage after the real estate agency introduces the tenant to the landlord to get in touch with the landlord, and is charged in a lump sum according to the standard of the transaction rent amount from half a month to one month.
The way to charge the rental agent fee is:
1. If the intermediary facilitates the rental contract, the intermediary fee shall be paid according to the agreement of both parties. If there is no agreement between the two parties on the intermediary fee or the agreement is unclear, it shall be reasonably determined on the basis of the intermediary's labor services;
2. If the intermediary does not conclude the contract, it shall not request the intermediary remuneration, but may request the entrusting party to pay the necessary expenses of the intermediary activities.
1. After signing the contract. When renting a house, we have to go through the process of choosing and looking at the house. So, when do I have to pay the agent fee?
Under normal circumstances, the rental agency fee is given to the agency after you sign the contract with the landlord, and when paying the agency fee, you should remember to deduct the deposit you paid at the beginning, for example, the agency rental agency fee is 400 yuan, you start to pay a deposit of 100 yuan, and then give the agent 300 yuan.
2. The two parties agree on the specific time to pay the intermediary fee. When is the right time to pay the agent fee when renting an apartment? In the process of renting a house, both parties must "abide by the principles of voluntariness, fairness, honesty and trustworthiness".
You can also make an agreement with the agency on a specific time to pay the agent fee. After both parties have reached an agreement, it is sufficient to hand over the rental agency fee to the agency within the specified time frame. This article explains whether the rental agency fee must be paid once a year?
When to pay. The explanation of relevant knowledge allows us to understand that the rental agency fee is paid once a year? If you have signed a lease contract with the landlord, you do not need to pay an annual brokerage fee.
If you have signed a rental contract with an agent, you will have to pay the agent's fee. Then, the rental agency fee is generally paid after the two parties sign the rental contract. However, it is also possible to make an appointment with an agent.
Many people think that the intermediary fee of the house needs to be paid every year, and the corresponding intermediary fee needs to be paid before signing the contract with the landlord, but in fact, this idea is not right, the real estate agency fee only needs to be paid once, and it is paid when signing the contract with the landlord.
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Legal analysis: If the intermediary company has signed an intermediary contract, it depends on the specific provisions in the intermediary contract.
Legal basis: "Measures for the Administration of Commodity Housing Leasing" Article 7 The parties to the housing lease shall conclude a lease contract in accordance with the law. The content of the housing lease contract shall be agreed upon by both parties and shall generally include the following contents:
1) The name and address of the parties to the housing lease;
2) The location, area, structure, ancillary facilities, furniture and household appliances and other indoor facilities of the house;
3) the amount of rent and deposit, and the method of payment;
4) Lease purpose and housing use requirements;
5) the safety performance of houses and indoor facilities;
6) the term of the lease;
7) Responsibility for house maintenance;
8) Payment of property services, water, electricity, gas and other related fees;
9) Dispute resolution and liability for breach of contract;
10) Other Agreements. The parties to the housing lease shall stipulate in the housing lease contract the measures for handling the expropriation or demolition of the house. The construction (real estate) management department may, in conjunction with the administrative department for industry and commerce, formulate a model text of the housing lease contract for the parties to choose.
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You can get a refund if you pay a deposit through an agent. If both parties perform according to the contract, the deposit shall be offset against the price or returned; If the business contract cannot be signed due to special circumstances, or the agreement and supplementary agreement cannot be reached and the contract cannot be signed without being attributed to either party, the deposit can be returned; If the intermediary or lessor unilaterally breaches the contract and cannot continue to perform, the deposit can be refunded double; In all other cases, the deposit is non-refundable.
Article 586 of the Civil Code of the People's Republic of China: The parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.
If the amount of the deposit actually paid is more than or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
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Legal analysis: There are two aspects to determine whether the deposit can be refunded: 1. Assuming that the deposit is not rented, the deposit is not refundable, and it is assumed that the rental is admitted, which is generally treated as a deduction of intermediary fees; 2. However, the deposit can generally be deducted from other expenses, and the deposit cannot be collected separately, otherwise it is an illegal charge and can be complained.
If you pay a deposit and then regret renting a house, you may be able to agree on your responsibilities and defend your rights according to the relevant terms of the rental contract, but you do not have the right to seize the landlord's house keys, and as the property owner, the landlord also has the right to replace the door lock from scratch. The Civil Code of the People's Republic of China, which came into effect in 2021, clearly stipulates that if the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice. In addition, the contract must be signed within the time limit agreed in the subscription letter, and this must be proved in order to refund the deposit.
The buyer can prove this by a record of the modifications made by both parties during the negotiation of the terms of the contract, or by a recording of the conversation between the parties. If the developer does not refund the deposit, the buyer can sue. Some buyers do not want the property themselves, which is a breach of contract.
Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the closed party who receives the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned double.
Civil Procedure Law of the People's Republic of China Article 120 Paragraph 1 A complaint shall be submitted to the people's court for prosecution, and copies shall be submitted in accordance with the number of defendants.
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It is more appropriate to pay a deposit of no more than 20% of the subject matter of the main contract, and the amount of the deposit shall not be too high, and it is best to state it in writing when paying the deposit. If you don't have a written agreement, it's important to keep the necessary proof of payment.
Article 586 of the Civil Code of the People's Republic of China: The parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20/20 of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.
If the amount of the deposit actually paid by Jiaoshan is more or less than the agreed amount, it shall be deemed to have changed the agreed deposit amount.
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Legal analysis: The deposit shall not be higher than 20% of the sales price. However, regulations vary from place to place.
Article 587 of the Civil Code of the People's Republic of China provides that if the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
Legal basis: The Civil Code of the People's Republic of China stipulates that the deposit shall not be higher than 20% of the selling price of Pinchaizhou. However, regulations vary from place to place.
For example, for a house of 2,000 to 3,000 per month, it is enough to pay a deposit of 300 and 500, but for a house with a monthly rent of more than 10,000, it is not enough to pay 3,500, which shows the sincerity of renting a house. Depending on the increase in rent**, the deposit should also be increased.
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