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In today's materialistic society, especially in this real estate agency industry, there are many problems!
There is a serious lack of integrity among real estate agents and even brokerage companies!!
The situation encountered by the landlord can be said to be a blessing in misfortune, many times it is not the situation of the landlord, and even when the housing market is not good, many intermediaries have collected money, and there are many things that have closed the door and run away. There are also intermediaries who collude to raise rents.
According to my experience working in a real estate company for two years, I recommend such a few real estate **, Sina Leju, Sohu Focus and the emerging tens of millions of real estate search engines, tens of millions of real estate search engines is a professional search engine focusing on real estate information retrieval services, using a unique ** five-level classification system and objective broker scoring system, so that all kinds of black intermediaries and black brokers have nothing to hide.
The 5-level classification system is also based on the Basel Accord 5-level classification of loans, which classifies the following categories: normal, subordinate, suspicious, problematic, and duplicate errors. Based on the model advantages of tens of millions of search engines, advanced fuzzy recognition technology is used to deeply mine the massive data captured. Artificial intelligence technology guarantees the self-learning function of the system.
I hope it will be of some help to the landlord in the future, thank you.
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You should seek legal assistance, which is not a good way to go, and it is not an option. But if you are rude with them, then you will be unreasonable, they are not a good thing, but you have to analyze everything yourself.
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The handling methods for encountering black intermediaries are as follows: 1. Report to the Housing and Urban-Rural Development Commission; 2. Report to the public security organs; 3. File a lawsuit. Legal basis: Article 119 of the Civil Procedure Law stipulates that a lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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In case of black intermediaries, you can go to the industrial and commercial bureau where the intermediary company is located to complain, and the industrial and commercial bureau shall coordinate and notify the result within 7 working days; If the complaint cannot be resolved through negotiation, arbitration may be conducted, and if the person is not satisfied with the arbitration result, he may directly file a lawsuit with the people's court of the jurisdiction.
[Legal basis].
Article 2 of the Arbitration Law.
Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.
Article 122 of the Civil Procedure Law.
Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.
Article 962 of the Civil Code.
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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The following is an analysis of the specific situation: the rental agent can negotiate with the other party first, and if the negotiation fails, apply for mediation, and if the mediation result is not satisfied, you can file a lawsuit with the people's court, or you can directly prepare a lawsuit to the people's court. At the same time, if the black intermediary has fraud and extortion, it can also report to the public security organ.
In case of black intermediaries, they can go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located and the housing management department to handle the complaint, and the industrial and commercial bureau shall coordinate and notify the result within 7 working days; If the complaint cannot be resolved through negotiation, the arbitration institution designated in the intermediary contract may be used as a third party to arbitrate; If they are not satisfied with the arbitration result, both parties may directly file a lawsuit with the people's court of the jurisdiction.
What should I do if I encounter a black agent who does not refund the deposit?
If the intermediary is not legal, you can complain to the Industrial and Commercial Bureau. If the other party insists on not returning the deposit, you can file a lawsuit in the people's court.
According to Article 587 of the Civil Code implemented in 2021, if the debtor performs the debt, 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.
[Legal basis].
Article 587 of the Civil Code.
If the debtor performs its obligations, 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.
Paragraph 1 of Article 120 of the Civil Procedure Law.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Article 122 of the Civil Procedure Law of the People's Republic of China.
The following conditions must be met for a prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts, and reasons;
(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
As long as others infringe on their own interests, then they must choose to call the police, do not let them act recklessly and get away with it, and must use the law to protect their legitimate rights and interests. Since they have deceived themselves, then make them pay for their actions! It must be severely punished by the law!
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