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1. Responsibility for providing the truth about the conclusion of the contractThe most important responsibility of the housing agent is to provide the truth about the conclusion of the contract. The services provided by real estate agents include consulting and intermediary services, as well as the conclusion of intermediary contracts. When a real estate agent provides intermediary services, the important facts that should be disclosed to the client are:
the ownership of the house; Information on the mortgage and pawn of the house; Registration information such as advance notice registration and opposition registration; **Basic information such as the name, ID number and other basic information of the person and the buyer. 2. Compensation when deliberately concealing important facts or providing false information If the intermediary deliberately conceals true information or deliberately provides false information, such as introducing it to the buyer knowing that the first party is not the property owner himself or a legitimate person, thereby causing the buyer's losses, the intermediary shall be liable for compensation. 3. Liability when all entrusted matters are not completedIf the intermediary agreement stipulates that the intermediary fee shall be paid at 1% of the transaction price, the services provided by the intermediary shall include the following:
1. Title investigation. 2. Survey of usage status. 3. Investigation.
4. Determine the intention to close the transaction and conclude the transaction contract. 5. Handle the transfer of property rights. Legal basis:
Article 425 of the Contract Law of the People's Republic of China [Obligation of Intermediaries to Truthfully Report] 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, he shall not demand payment of remuneration and shall bear the liability for damages.
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According to the General Principles of the Civil Law
Article 49 In any of the following circumstances, in addition to the legal person assuming responsibility, the legal representative may be given an administrative sanction or a fine, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law:
1) Engaging in illegal business operations beyond the scope of business approved and registered by the registration authority;
2) Concealing the true situation from the registration authorities and taxation authorities or committing fraud;
3) Evading funds or concealing assets to evade debts;
4) Disposing of property without authorization after being dissolved, revoked, or declared bankrupt;
5) Failure to apply for registration and announcement in a timely manner when changing or terminating, causing major losses to interested parties;
6) Engaging in other activities prohibited by law, harming the national interest or the societal public interest.
Legal persons are not casual. You should first understand the "Company Law" and the "General Principles of Civil Law".
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Legal persons are liable for all the liabilities arising from the activities of the real estate agency. and also bear relevant legal and civil liability for the actions of your subordinate employees; If something goes wrong, the legal or civil liability will only be against you, not your friends.
Of course, the legal person can not be casual, the problem of worries, usually in the preliminary work is not done well, compare the signing of the contract between the two parties, the price difference, the problem of unfinished buildings, etc., if you do not know how to operate the industry, it is best not to do this legal person easily.
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The legal person bears the responsibility of business management!
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Legal analysis: the duty to provide the buyer with a true picture of the situation related to the conclusion of the contract; If the real estate agent deliberately conceals important facts such as the seller or the house or provides false information during the transaction, resulting in certain losses between the buyer and the seller, the buyer and the seller need to bear the corresponding liability for compensation; Responsibility in the event that all the tasks entrusted to you are not completed.
Legal basis: Civil Code of the People's Republic of China
Article 961:An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the 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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