What are the offences for a real estate agent to pretend to be a seller to sign a sales contract?

In this case, the first thing to look at is the name in which the sales contract is signed. If it is signed directly in the name of the real estate agent himself, it is suspected of fraud. If it is signed in the name of the homeowner, although it is not agreed by the homeowner, it is generally not treated as a criminal offense, but as a civil incompetence**.

That is, the real estate agent has carried out the act of disposition without authority, and if the homeowner recognizes it, the contract is still valid. If the landlord refuses to recognize, the contract of sale and purchase is null and void, and the landlord has the right to claim compensation from the real estate agent for various losses caused thereby.

Fraud, the real estate agent pretending to be the owner of the house to sign a contract is a fraudulent act, which has constituted the crime of fraud, and you can sue the relevant authorities.

Fraud, a criminal offense needs to look at the amount.

If the agent pretends to be the landlord to buy and sell the house, it is a fraud, and the signed house sale contract is invalid, and the buyer can ask the agent to enter the Sakura Rush Ashi store for compensation.

Disputes between tenants and rental agents can be handled as follows:

1. If the parties to the housing lease have a dispute due to the rental of the house, they shall resolve it through negotiation;

2. Apply for arbitration to solve the problem;

3. If no arbitration agreement is reached after the dispute arises, a civil lawsuit may be filed directly with the people's court.

The constitutive elements of the crime of fraud are as follows:

1. Object element: The object of infringement of the crime of fraud is the ownership of public or private property, and it is limited to the property of the state, the collective, or the individual, and is aimed at other illegal interests, such as personal interests, which are not the object elements of the crime of fraud;

2. Objective elements: The objective elements of the crime of fraud are manifested in the use of fraudulent methods to deceive the spine to obtain a relatively large amount of public or private property, and the methods of fraud specifically include fabricating facts or concealing the truth, and the fraudulent conduct of the crime of fraud must cause the victim to have a misunderstanding, fall into a misunderstanding, and then make a disposition of property;

3. Subject Elements: The subject of the crime of fraud is a general subject, as long as a natural person who has reached the statutory age of criminal responsibility of 16 years old or older and has the capacity for criminal responsibility, the crime of fraud can be constituted;

4. Subjective element: The crime of fraud is generally manifested as direct intent in the subjective aspect, and the perpetrator must have the direct purpose of illegally taking possession of public or private property.

To sum up, when buying and selling a house through a real estate agent, you have to pay a certain intermediary fee to the real estate agent, and if the intermediary pretends to be the landlord to buy and sell the house, it is a fraudulent act, and the signed house sales contract is invalid, and the buyer can ask the agent for compensation.

Legal basis]:

Article 171 of the Civil Code of the People's Republic of China.

Where the actor does not have ** rights, exceeds ** rights, or still carries out ** conduct after ** rights are terminated, and it is not recognized by the ** person, it is not effective against the ** person.

The person may be urged to be recognized within 30 days from the date of receipt of the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized.

Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.

Article 172.

Where the actor does not have ** rights, exceeds ** rights, or still carries out ** after ** rights are terminated, and the counterpart has reason to believe that the actor has ** rights, the ** conduct is valid.

Legal analysis: It is a crime for an agent to evade taxes and pretend to be a landlord, and a contract signed by a pretending to be signed is invalid. If the agent pretends to be the landlord to buy and sell the house, it is a fraudulent act, and the signed house sale contract is invalid, and the buyer can ask the agent to compensate.

If the actor does not have the right to exceed the right or the contract concluded in the name of the person being the person after the right is terminated, it will not be effective against the person being recognized by the person being recognized, and the actor shall be liable.

Legal basis: Civil Code of the People's Republic of China

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provision does not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

Article 505: The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter VI of Part 1 of this Law and the relevant provisions of this Part, and the invalidity of the contract shall not be confirmed solely on the basis of exceeding the scope of business.

The contract for the sale and purchase of a property that has been fraudulently committed is invalid. If one party has the intention of deception and other expressions of intent to induce the other party to sign a real estate sales contract and infringe on the interests of the other party, the other party has the right to request the people's court or arbitration institution to revoke the civil act and request to move out.

Legal basis]:Article 148 of the Civil Code.

Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 149.

Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.