What measures will the intermediary take after the order is skipped?

1. Register the information of the house in advance, and all the operations shall be in accordance with the intermediary business specifications.

2. For the ** obtained from the Internet, it is necessary to communicate with the owner face-to-face, and persuade the owner as much as possible, move him, let him entrust the house to our intermediary company with the will, and fill in the registration form of the ** house.

3. Pay attention to the small actions of both sides, don't be cold when you ask questions and answers, and control the time and rhythm of viewing.

4. When the new customer sees the house, he must ask him to fill in the house viewing form, provided that he has understood the customer's true intentions and whether he respects your labor.

5. If the customer is sent away after the viewing, and then have a deeper communication with the owner.

6. Sign an intermediary contract, if the intermediary company reaches an agreement between the buyer and the seller, it requires it to sign a tripartite intermediary contract. In order to prove that the intermediary company carried out intermediary acts, and to facilitate the agreement between the buyer and the seller.

However, do not terminate the intermediary contract and return the deposit lightly. To prevent customers from skipping orders afterwards, once the intermediary agreement is terminated, and the buyer and seller skip orders and make a private transaction, the commission of the intermediary company is likely to be reduced.

7. As far as possible, the buyer, the seller (or the lessor, the lessee) should not be directly contacted. Doing so should put an end to a lot of skipping events.

In response to this chaos, the lawyer reminded the buyer that if he is required to sign any document when buying a house through an intermediary, he must conduct a comprehensive review of the content of the document in advance.

In the event of a "skipping order" dispute, it is often the case that the buyer claims that he did not know the content of the signature at the beginning, but there is no special evidence, and it is difficult for the court to believe that you have no knowledge of the document signed by yourself. It is best to have a prior understanding of the intermediary fee standards of different intermediaries, and if you do not agree with the intermediary fees and other standards indicated in the intermediary's "Confirmation of Property Viewing" and other documents, it is best to refuse to sign and find another intermediary.

If such documents are signed, but the transaction is not completed through the intermediary in the end, there is a risk of being considered to be "skipping orders", then you should make a reasonable explanation and preparation for your own behavior, and if you do get the same information through other channels, you should pay attention to collecting and preparing relevant evidence in advance to prove the fact.

Causes

Excessive charges are one of the reasons for "skipping orders".

Regarding the matter of "skipping orders", some citizens said that they also had this idea when they accepted the services of intermediary companies.

Intermediary companies have played some roles in the development of real estate, but some intermediaries are muddying the waters, cheating up and down, tearing each other down, and so on. For example, some college students find a way to skip the agent, but it is also because they have just graduated and have a difficult life, and the fee charged by the agent is too high.

This is often the case with the intermediary, and it is mostly the landlord. This situation is relatively common, which makes the intermediary more embarrassed but helpless.

As an experienced salesman, I generally don't encounter this kind of situation. "Skipping orders" mainly occurs in new salesmen, because their services may not be in place, so that owners and customers have doubts about the quality of their own services, causing customers to trust the intermediary enough, in addition, customers have a fluke mentality, and they do not know much about the risk in the process of real estate transactions, etc., it is easy for them to have the idea of "skipping orders".

As a profession, the salesman is also working hard when contacting customers and guiding customers to see the house, however, in the process of service, he is deceived by dishonest customers and landlords, resulting in his own labor being wasted, and for this, he has to bear psychological pressure.

"Skipping orders" in housing intermediary refers to the fact that after the buyer and seller are contacted through the intermediary service, they jump out of the intermediary and make a transaction on their own or entrust other intermediary companies to handle the transfer service on their behalf, so as to avoid the payment or underpayment of the intermediary fee. In practice, in order to prevent the client's malicious behavior of "skipping orders", there will be standard clauses in the real estate intermediary contract that prohibit "skipping orders". Not all of these standard terms will be considered valid.

If it only prohibits the buyer from taking advantage of the information, opportunities and other conditions provided by the intermediary company, but bypasses the intermediary company to sign a house sale contract with the seller and other dishonest behaviors, such an agreement should be deemed valid. However, if more stringent conditions are stipulated, such as stipulating that "as long as the agent shows the buyer the house, if the buyer decides to buy the house, then the agent can only choose the agency to trade". If the intermediary does not increase its own liability for performance and breach of contract, and fails to remind the client in a reasonable way, such a clause violates the principle of fairness and should be found invalid.

Whether the buyer bears the liability for breach of contract for "skipping orders" needs to be comprehensively considered the following factors: whether the intermediary is exclusive**; Whether the intermediary has provided ** information or transaction opportunities, and actively fulfilled the intermediary obligation; Whether the consignor used the information to make a private transaction with the seller or separately entrust another person to mediate; Whether the principal has malicious intent to evade the payment of commissions.

However, jumping orders is only a very rare phenomenon, most of the guests still respect the labor of intermediary civil servants, and the intermediary will generally not treat their high-quality customers, such as the priority notice when there is a high cost performance, try to strive for low prices and related interests for customers, and reasonable discounts on intermediary fees.

The best thing to do is to sue the court for a commission, but if the signature on the power of attorney is not the party or immediate family member in the final sales contract they signed, it will be difficult for you to win in court.

In the event of customer skipping orders, it is difficult for real estate agents to protect their rights, time-consuming and labor-intensive is not thankless, real estate agents should take precautions, sign agreements with both customers, and at the same time improve services to provide better services, in order to avoid more "skipping" events to the greatest extent.

Analysis of customer skipping orders: there are three main reasons for the frequent occurrence of "skipping orders", the first is that buyers or tenants secretly communicate with buyers through various channels in order to save intermediary fees, and then make transactions privately; secondly, the intermediary broker's own service was not in place, and the service was not followed up in a timely manner, resulting in private communication between the buyer and the seller; Finally, the buyer or tenant and the seller find out that they are acquaintances in the process of intermediary services, and in order to save intermediary fees, they will get rid of the intermediary and trade privately.

The correct way to deal with an intermediary being skipped:

1. Register the information of the house in advance, and all the operations shall be in accordance with the intermediary business specifications.

2. After obtaining ** from ** or house ant and other software, you should communicate with the owner face-to-face, gain the trust of the owner and persuade the owner as much as possible, so that he agrees to entrust the house to our intermediary company and fill in the registration form of the house;

3. Pay attention to whether there are small actions on both sides, let the two sides have questions and answers, and the most important thing is to control the time and rhythm of the viewing;

4. When the new customer sees the house, he must let him fill in the house viewing form, provided that he has understood the customer's true intentions, whether he respects your labor, and whether he has bad intentions;

5. If the customer is sent away after the viewing, go back to do further communication with the owner;

6. Sign an intermediary contract.

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. 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 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. Article 964:Where intermediaries fail to facilitate the conclusion of a contract, they must 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.

The real estate agent's skipping refers to the behavior of the real estate agency in the process of intermediating the housing transaction, transferring the customer's chain transaction information to other intermediaries to make a profit. If you are a client of a real estate agency and encounter a situation of skipping orders, you can take the following ways to deal with it:

1.Negotiate with the original agent: If you have already signed a contract, you can negotiate with the original agent to resolve the problem of skipping the order, ask them to give a reasonable explanation and properly handle your housing transaction as soon as possible.

3.Choose another agent: If the original agent is unable to resolve the issue or trust is affected, you can choose another agent to handle your transaction.

It should be noted that skipping orders is a violation of industry norms, and intermediaries should abide by industry ethics and norms to protect the legitimate rights and interests of customers. If you encounter the problem of skipping orders, it is recommended to contact the relevant authorities as soon as possible, and keep the relevant evidence and documents in order to protect your legitimate rights and interests.

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In the process of housing leasing, there will be situations such as intermediaries being skipped, so how can the intermediaries of the Destruction Bureau prevent customers from skipping orders? What are the scope of real estate agency services? What are the conditions for setting up a real estate agency? Let's take a look.

1. How can intermediaries prevent customers from skipping orders?

1. Avoid private transactions between customers.

When talking to the client, it is advisable to inform the client about the professional who is through the intermediary, which can not only greatly reduce the time and cost of the formalities of buying and selling the house, but also ensure the equality of the contract.

2. Avoid customers being pulled away by other intermediaries.

When talking to clients, build trust and inform clients about their company's position among peers, demonstrating their professional workplace qualities.

3. Avoid customers from taking the initiative to find other intermediaries to make deals.

When customers see the house, it is recommended to inform the customer that they can apply for intermediary fees or small gifts and other discounts from the company's leaders to improve their service quality.

4. Make customers aware of skipping orders.

When customers visit the house, it is recommended to fully understand the different needs of customers, and communicate and track them from time to time.

2. What is the scope of real estate intermediary services?

1. Real estate consulting.

Including real estate information consulting (dynamic trend of house prices and land prices), real estate law, business consulting, research and development and other services.

2. Real estate appraisal.

Real estate appraisal, that is, the business activities of measuring and evaluating real estate.

3. Real estate brokerage.

Provide services such as negotiation agreements, exchange of information, and display for both parties to facilitate transactions.

3. What are the conditions for the establishment of real estate intermediaries?

1. It has its own name and organizational structure.

2. There is a fixed service place.

3. There is a specified amount of property and funds.

4. There is a sufficient number of professionals.

5. Other conditions stipulated by laws and regulations.

Summary: How to prevent customers from jumping orders, what are the scope of real estate agency services and what are the conditions for the establishment of real estate agencies, I hope to help you, if you need to know more, please continue to pay attention to Qeeka Home.

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Legal analysisIt is forbidden to skip orders in the intermediary contract. In the intermediary contract for the sale and purchase of houses, the "skipping order" refers to the behavior of the buyer who uses the information provided by the intermediary company to skip the intermediary company to purchase the house, so that the intermediary company cannot get the commission it deserves. First of all, the basis for prohibiting the "skipping order" standard clause is the right of the intermediary to receive remuneration in the intermediary contract.

According to the provisions of the Civil Code, the main obligations of the intermediary in an intermediary contract are: (1) the obligation to report the opportunity to enter into a contract or to provide a medium for concluding the contract. The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.

2) Duty of Loyalty. How the intermediary should report on matters related to the conclusion of the contract and other relevant information. (3) If the intermediary facilitates the conclusion of the contract, the expenses of the intermediary activities shall be borne by the intermediary.

Secondly, the standard clause prohibiting "skipping orders" can effectively ensure the equality and fairness between the principal and the intermediary in the intermediary contract for the sale and purchase of houses. According to the nature of the intermediary contract and the provisions of the Civil Code, the intermediary has no right to intervene in the contract between the principal and a third party. The intermediary is only responsible for reporting to the client the opportunity to conclude a contract or mediating for the client to enter into a contract with a third party, conveying the intentions of both parties, and playing the role of matchmaking, and has no substantive right to intervene in the contract.

Legal basisArticle 965 of the Civil Code of the People's Republic of China: 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, he shall pay remuneration to the intermediary.