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Hello, whether or not to pay an agent fee does not depend on whether you rent a house or not, but whether you have signed the relevant agreement when you entrust the agency to provide rental services.
If you have signed an agreement with the intermediary and stipulate the service fee that the intermediary must pay for the services provided, then it is a breach of contract not to pay the intermediary fee.
If you and the intermediary do not sign a written agreement, then the non-payment of the intermediary fee is caused by the intermediary agency's own inadequacy, and the intermediary cannot pursue your behavior through legal means.
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As long as you're brave enough, you can do it.
Or you might as well pay it honestly.
If you were introduced by someone, I would suggest it.
It's not easy for people.
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I advise you to send the money to the agent quickly! Otherwise, you'll suffer!
Send money to the intermediary, worthy of the intermediary, worthy of yourself, worthy of your life and personality!
Otherwise your life will be bleak!
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If you found a house through an agent, you should pay the agent fee.
Your behavior is called "skipping orders" in the jargon. You can indeed sign a contract privately with your landlord.
But a word of advice: you bear the consequences. After all, others eat the bowl of information.
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I'm the intermediary. I'm a high student, and you can do everything. There is definitely no money to make your 200 order. Helped you find a house. You have given him less at this time, and it is my word to you... Hum.
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Signed a contract without Ah? Some intermediaries don't need to pay money. You didn't ask? You can find a rental online. Just find someone.
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Legal analysis: If it is a ** contract signed with an agent, the rental agency fee is paid once a year. In other words, if you sign a housing contract with an intermediary company, you will have to pay the brokerage fee once a year.
If you find an intermediary company as a witness, you must also pay a certain contract cost.
If you sign directly with the landlord, you don't have to pay for the lease renewal in the second year. In other words, if you rent a house with the landlord to sign a lease contract, you still need to renew the lease in the second year, so you don't need to pay the agency fee to the agency.
If the lease is renewed, there is no need to pay the intermediary fee, and the landlord can directly submit a renewal request to the landlord, and then sign the lease renewal contract with the consent of the landlord. If you still need to find an intermediary as a witness, you need to pay a certain fee to the intermediary as the cost of the housing renewal contract.
Legal basis: Article 963 of the Civil Code of the People's Republic of China Where the intermediary facilitates the conclusion of the 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 510 of this Law, it is to 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.
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First, the two parties will negotiate to communicate and settle the matter peacefully; The second is to sue the renter in court by collecting evidence, such as an agreement signed by both parties with an agreement on rental fees, on-site recordings, etc.
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The dispute resolution of the rental agency fee is as follows: 1. Before 2000, the agency fee for housing rental was charged in one direction, that is, only the tenant was charged. After 2000, it became a two-way fee, with half of the total tenant and half of the tenant being charged.
2. First of all, it must be legal. There is a rationale for the practice of sharing the intermediary fees between the landlord and the tenant. According to the Contract Law of the People's Republic of China, if the intermediary provides intermediary services to conclude the contract, the parties to the contract shall bear the intermediary's remuneration equally.
In other words, the ** fee of the real estate agency should be borne by both the rental and the tenant. 3. Secondly, it should be reasonable. One-way charges are contrary to the principle of arm's length trading.
This fee model brings the agent and the tenant together, and the intermediary service organization is more than happy to partner with the tenant to drive down the price of the property in order to facilitate the transaction.
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If your contract or agreement states that the tenant will pay the agent fee, if the other party does not pay, it is a breach of contract and you can refuse to rent to him. But if you don't agree on who will pay the agent, it's understandable that the renter won't pay the agent. In this case, you need to re-discuss before making a decision.
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Legal analysis: (1) Negotiated settlement. A negotiated settlement is when both parties agree to resolve the issue.
2) Mediation settlement. Mediation refers to a way for the buyer and seller of a house purchase dispute to reach a settlement agreement in accordance with the provisions of the laws and regulations and policies related to the sale of commercial housing in accordance with the provisions of the laws and regulations and policies on the sale of commercial housing according to the application of one of the parties, under the auspices of the real estate management department, consumer association or other organizational departments, through persuasion and education, so that the house purchase dispute can be resolved in a timely manner. (3) Arbitration Settlement.
Arbitration, also known as arbitration, refers to the agreement reached between the buyer and the seller before or after the dispute arises, and voluntarily submits the dispute to the arbitration authority to make a binding award on all parties in accordance with national laws, regulations and local administrative rules and regulations. (4) Administrative settlement. The administrative settlement of the purchase dispute refers to the dispute in which the parties repented after the mediation of the real estate management authority and other departments where the commercial housing is located is invalid or an agreement is reached, or the parties to the purchase dispute directly complain to the administrative department, and the administrative department will deal with the dispute.
5) Litigation Resolution. Litigation resolution of housing purchase disputes is a way for the people's courts to resolve housing purchase disputes with the joint participation of the parties to the dispute and other litigation participants.
Legal basis: Article 128 of the Civil Code of the People's Republic of China The parties may resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement.
The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.
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Legal Analysis: No Way to Return. If you have paid the agency fee, it means that you have signed the property lease contract for the house (the agency fee will be paid when the contract is completed), and the agency fee cannot be refunded according to the contract.
Legal basis: Civil Code of the People's Republic of China
Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
Article 563:Where one of the parties delays the performance of its debts or commits other breach of contract, resulting in the inability to achieve the purpose of the contract, the parties may terminate the contract.
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If you don't need an agent fee to rent a house, you have to find a landlord to rent directly. The following is a description of how to find a landlord to rent directly**: 1. There are rental sections on many comprehensive life apps in China, such as referring to the direction of the house, etc.;
2. Consult the community for rent in the community gatehouse**; 3. Introduced by a friend.
Another point is that if the information released at the middle price of the property is published, the agency fee will be charged; If it is issued by an individual, there is no need to pay an intermediary fee; It is recommended to go to the local post bar to find **information, and there will be a little more personal**.
1) Direct lease from the landlord;
2) Second-hand landlord rental;
3) individual subletting;
4) Recruit roommates in a shared apartment.
They publish rental information through personal social circles, small advertisements, the Internet and other channels. Among them, the radiation range of personal social circles is limited, and the efficiency of information matching is very low; Small advertisements cannot be posted in formal communities and streets because of the impact on the city's appearance, and the common ones are the streets and alleys of urban villages (some urban villages have opened up special information columns), if you want to rent a community house, this channel will not work; So we usually look for a house online.
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In many cases, there is no need to pay an agent fee to rent a house with an agent, and this issue is negotiable, rather than having to pay an agent fee. Nowadays, many people consider that they need to pay a certain amount of intermediary fees to rent a house with an intermediary, and then choose other leasing methods without intermediaries, but now many intermediaries do not need to pay intermediary fees, and many intermediaries have canceled the intermediary fees of tenants in consideration of this part of the factor, and the landlord pays this part of the fee to increase sales. Although some intermediaries still need to pay an intermediary fee, it is also negotiable.
There are many disadvantages of renting a house without an intermediary, don't avoid this safe way because of the problem of intermediary fees, don't take your own safety as a child's play, and many of the current intermediaries do not need intermediary fees, everything is negotiable, just consult more, don't bother yourself because of the problems that may not exist, and enter a dangerous situation.
1. How to avoid the price difference of the intermediary fee for housing sales.
1. It is best to meet the three parties and trade transparently.
Buying and selling a home is complex, so you should communicate with the other party before you make a transaction. When trading, it is best to meet with both the buyer and the seller and the intermediary company, so that the transaction is transparent, so that you will not be deceived.
2. If you don't meet, you have to look at the entrustment contract.
If it is impossible to meet, the intermediary company should also be required to issue a commission contract for the seller or buyer, and the general entrustment contract will indicate the scope of rights of ** and the intermediary**, which is conducive to ensuring the interests of both the buyer and the seller. In addition, the intermediary company should be required to produce a series of certificates, and clearly indicate the detailed personal information of both parties to the contract on the contract, if there is a discrepancy between the items in the contract, the buyer and the seller should consult all the questions before signing their names.
3. Check the relevant documents to identify the real parade and the fake**.
For the seller, if the intermediary company proposes a cash acquisition, it must go through the corresponding transfer procedures to prevent the intermediary company from selling the house without going through the formalities to earn the difference. For buyers, be wary of fake**, some are only real estate trusts are not real owners, if the deposit is paid before checking the relevant documents and identifying the real and fake landlords, and the intermediary company lies that the house has been sold, it will be difficult to return the deposit.
4. Do not let the intermediary company ** two parties.
When carrying out second-hand housing transactions, do not entrust the intermediary company to buy and sell both parties, but try to let the intermediary company only have one party, only in this way can the interests of the entrusting party be truly guaranteed.
5. Understand the information from multiple parties.
The reason why the price difference is eaten is not unrelated to the fact that the buyer and the seller do not understand the information of the house. Will the house appreciate in value? As long as you understand these, you can roughly estimate the ** of the house.
In this way, it will not be stopped at a lower level, or purchased at a higher price, and there is no possibility of being eaten at a different price.
6. Please refer to experts.
Before buying or selling a house, ask a real estate expert, lawyer, or someone who is very experienced in buying and selling a house for reference.
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