What happens when you bypass the agent and rent a private transaction? Is it illegal?

Updated on Financial 2024-05-15
9 answers
  1. Anonymous users2024-02-10

    This is what the agent called a running order, through which he introduced the two parties to the rent, but the result was that the transaction was not made through him, he ran the order, and there was no money to make. In this case, the agent will be unwilling to let the intermediary fee go to waste, and may take action, but if you do not sign an agreement with the agent, it is nothing, and it is not illegal, it is recommended that you rent a house and sign an agreement with the landlord, indicating various rights and obligations, etc., to avoid disputes.

  2. Anonymous users2024-02-09

    No, if this kind of thing is serious, it is some unspoken rules in the intermediary, if you contact it privately, what money does the intermediary still make.

    To say something serious is a moral problem.

    I mean, in cases where the intermediary introduces you to the satisfaction as well.

    But he said, "If you don't agree, don't say anything."

    It won't break the law.

  3. Anonymous users2024-02-08

    It will save a considerable amount of intermediary fees, and it will not break the law, and the house I am renting now is not traded with the landlord through an intermediary, and there is an agreement, which is very formal.

  4. Anonymous users2024-02-07

    Nothing, but the intermediary is busy. In the moral category (and not in a good or bad way), there is nothing in law.

  5. Anonymous users2024-02-06

    Bypassing the agent and renting a private transaction in this case, the agent will be unwilling to let the agent fee go to waste, and may take action, but if you don't sign an agreement with the agent, it's nothing, and it's not illegal. It is recommended that the tenant sign an agreement with the landlord to indicate various rights and obligations to avoid disputes.

    A housing leasing contract is an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis and returns the house to the lessor in good condition when the contract is terminated. The housing lease contract adheres to the general contract format, and the content of the contract should contain the personal information of both parties to the housing lease, the situation of the rented house, and the rights and obligations of both parties to the lease. That is, it mainly includes the address of the house, the number of rooms, the usable area, the furniture and electrical appliances of the house, the hierarchical layout, the decoration facilities, the amount of monthly rent, the date and method of rent payment, the rights and obligations of both parties to the lease, the lease agreement, etc.

    Article 703 of the Civil Code of the People's Republic of China A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

    Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

    Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

    Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

    Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

    Article 709: The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.

  6. Anonymous users2024-02-05

    The act of bypassing the intermediary to directly conclude a contract is illegal according to Article 965 of the Civil Code of China.

    There is a significant transaction risk associated with direct transactions between buyers and sellers. Buying a house and skipping the intermediary for a private transaction is an act in which the buyer and the seller or one party skip the intermediary and sign a sales contract privately in order to avoid the obligation to pay the intermediary fee.

    The behavior of "skipping the intermediary" is also known as "skipping orders", which will not only make the intermediary's efforts unrewarded, but also increase the risks of real estate transactions, such as housing property rights issues, capital security, property disputes and other hidden risks.

    Taking advantage of the transaction opportunity of the intermediary to bypass the intermediary and conduct the transaction directly, the real estate brother Tansuke has the right to require the client to pay the intermediary fee, and if the client refuses to pay, the real estate agent has the right to file a lawsuit.

    Whether the act of skipping the intermediary to enter into a purchase contract with the seller constitutes "skipping orders" in industry terminology should depend on whether the act meets the following elements:

    1) Whether or not intermediary services have been accepted.

    2) Whether the contract is directly concluded with the seller by bypassing the intermediary.

    3) Whether the contract was concluded using the trading opportunities or information provided by the intermediary.

    The Civil Code clearly stipulates the legal consequences of "skipping orders" and explicitly prohibits the behavior of "skipping orders". In judicial practice, it is mainly based on the principle of good faith and the provisions on intermediary contracts.

    Legal basis

    Article 964 of the Civil Code: Where an intermediary fails to facilitate the conclusion of a contract, it shall not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred for engaging in intermediary activities in accordance with the agreement.

    Article 965.

    If, after accepting the services of an intermediary, the client uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract, it shall pay remuneration to the intermediary.

    Article 963:Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration as agreed. Where there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 5110 of this Law, it shall be reasonably determined on the basis of the intermediary's labor services. Where the conclusion of a contract is facilitated by the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the intermediary's remuneration equally.

    If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.

  7. Anonymous users2024-02-04

    Legal analysis: on the issue of intermediaries in the housing agency to receive private orders: intermediaries receive private orders and the company has little to do with the problem, this belongs to the problem of the salesman, if there is a legal dispute is also according to the contract, who signed the contract, who is responsible, if it is the salesman himself to go to the private order then the salesman is responsible, if the salesman pretends to use the company's procedures to sign an agreement with the customer, the customer is suing the company, and the company sues the salesman.

    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.

  8. Anonymous users2024-02-03

    Summary. Hello, it is not illegal to rent a house and find another agent if the transaction with the first agent is unsuccessful, as long as the contract is not signed.

    Hello, it is not illegal to rent a house and find another agent if the transaction with the first agent is unsuccessful, as long as the contract is not signed.

    According to Article 577 of the Civil Code of the People's Republic of China, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform the taxiing, taking remedial measures or compensating for losses. 500 feet and 83 articles:

    If one of the parties concerned fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, if the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

    If you have signed the contract and then go to find another intermediary, then it is definitely a breach of contract; Didn't sign anything, didn't breach the contract, and didn't break the law.

  9. Anonymous users2024-02-02

    It is not illegal to rent a house and skip the intermediary to close the deal privately. A rental contract is sufficient, as long as the following conditions are met:

    1.At the time of entering into a contract, both parties have the corresponding capacity for civil conduct;

    2.The parties expressed their true intentions when entering into the contract, and there was no deception, coercion, etc.;

    3.The content of the contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

    Legal basis] Article 143 of the Civil Code, civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) Yiliang Huai Si expressed respect for travelers to show truth;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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