Is it reasonable to transfer the down payment in an intermediary?

No! The agent does this out of consideration for the buyer, afraid that your property has a problem and is not able to verify, resulting in you getting the down payment will have other ideas, or your transfer time is too long, afraid that you will invest or finance elsewhere after getting the down payment, or worry that you will sell the house to a second customer at the same time, in short, you are worried that the funds are not safe in your collection!

But it's not fair to you to do so.

Personally, you put the title deed in the hands of the agent and collect the receipt or receipt, and the down payment is made to your account and you write the receipt to the other party (the buyer). Then there will be a letter of commitment when the other party's loan is approved, and after getting the other party's loan commitment letter, the transfer will be made according to the normal procedures, and then the bank will transfer the remaining balance of the property to your account within the specified time.

As for whether the down payment is made to your account or the bank (it will vary from place to place), in short, it is absolutely inappropriate to put it in an intermediary!

Ahem. I'm an intermediary.

There are two ways to trade in a second-hand home.

Some places have capital supervision, so your down payment should be supervised by the bank or the local housing management department, and you should consult the relevant local authorities.

There are also those who do not enter the escrow account, so they should enter the homeowner's account, otherwise your transfer will be very risky.

The second-hand housing transaction should be transferred to your own account, and it is illegal for the agent to do so, so it is recommended that you act cautiously.

Both the deposit and the down payment should be given to you, and the deposit can give you cash and finally make the total payment. But the down payment must be paid to the bank on your passbook, the bank requires him to pay the down payment first when he takes out a loan, and the bank will issue a bill. It's a must.

Don't give the down payment to the intermediary, if you and the buyer don't believe each other, you can put the down payment in the bank for third-party supervision, but the procedures are more cumbersome (this is a bit like Alipay's way). Keep in mind that the agent does not have the right to collect payment from both parties.

The bank notifies you of the transfer, not the intermediary, only the bank notifies you, you can also ask the buyer which bank the loan is, call ** and ask if the loan has been approved and can be transferred.

The down payment is not for you, it is handed over to the bank, and after the bank approves his loan application, it will notify you of the transfer, and after the account is completed, the down payment and the loan part will be paid to your account together, and all you received before you received only the deposit.

He handed over the down payment to the intermediary or didn't pay it Procedurally it needs to be handed over to the bank first If it is not paid, then it proves that you have not applied for a loan The bank has not given you a call ** You can't transfer the account with him without authorization Some people say that you can do without capital supervision It is a one-time way The loan must go through capital supervision.

In a second-hand mortgage transaction, the down payment is made to the homeowner. This is the normal process. Because after the loan is made, the bank also directly transfers the money to the homeowner's account, and the down payment loan amount is the total house price.

The house bought by the buyer is signed online.

After that, it's time to make a down payment. The agent only acts as a third-party witness, and the buyer pays the money directly to the homeowner. Deposit previously paid.

There will also be corresponding instructions, directly as the purchase price, etc. It is best for buyers to set up a fund custody account.

of intermediaries to buy houses. If you choose a small-scale intermediary, it is more common to encounter the matter of unleashing the mortgage for the seller, which is very risky for the buyer, and the buyer should ask the intermediary to advance the money.

Summary. Hello <>

I am glad to answer for you: if the intermediary has paid the purchase price for the purchase of the house, but can not pass the house, it should be based on the terms of the purchase contract signed by both parties, if it is agreed in the purchase contract to handle the purchase of the house and pay the purchase price, you can handle the transfer, but if you can't pass the house, the owner and the intermediary should jointly bear the liability for breach of contract. First of all, it can be resolved through negotiation, and if the negotiation fails, you can file a lawsuit in the court based on the contract dispute, and ask the court to order the agent and the landlord to pay compensation and refund the purchase price paid.

The down payment is in the hands of the intermediary, and it is not possible to pass the account for a long time.

Hello <>

I am glad to answer for you: in the intermediary to buy a house has paid the purchase price, but can not pass the household, should clear the friends according to the purchase contract signed by both parties agreed to the source of the source, if in the purchase contract agreed to handle the purchase of the house and pay the purchase price, you can handle the transfer, but if you can't pass the house, the owner and the intermediary should bear the responsibility for breach of contract. First of all, you can negotiate to settle the answer, and if the negotiation fails, you can file a lawsuit in the court based on the contract dispute, and ask the court to order the agent and the landlord to pay compensation and refund the purchase price paid.

Legal basis: 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, taking remedial measures or compensating for losses. Article 578:Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the party in distress may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Buy a house through an agent and make a down payment to the bank.

First of all, buying a house through an intermediary is two legal relationships.

Secondly, the buyer of the house and the agent sign an intermediary contract. An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.

Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. Where there is no agreement on the remuneration of the intermediary or the agreement is not clear, and a supplementary agreement cannot be reached and cannot be determined in accordance with the transaction customs, it shall be reasonably determined on the basis of the intermediary's labor services. Where the contract is concluded as a result of 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.

Thirdly, a sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 963 of the Civil Code of the People's Republic of China provides that if the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement.

Article 595 of the Civil Code of the People's Republic of China provides that a contract for the sale of goods is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Legal Analysis: Yes. The house in the mortgage can be transferred after paying the down payment, which is a second-hand housing transaction. Only when the property certificate has been completed, can the transaction be normal, and the bank loan must be paid off before the transaction is transferred (the mortgage repayment will be settled in advance if the mortgage repayment is less than one year, and the liquidated damages must be paid to the bank).

Legal basis: Administrative Measures for the Sales of Commercial Housing

Article 30 The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on time. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract. If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.

Summary. Dear Hello, I am happy to answer for your query: should the down payment for the sale of the second-hand house be handed over to the agent or the seller - The down payment of the second-hand house is handed over to the seller himself, you can pay a part of the deposit first, and then go to the loan interview, apply for a loan, after the loan is approved, and then handle the transfer, and give the down payment on the day of the transfer.

Wait for the loan to come down, sign the contract first, and if there is anything to note, you must write a good explanation, otherwise it will cause losses. If you encounter a default of the down payment by the seller of the second-hand house, there are two solutions: 1. Negotiate with the seller, if it is invalid, you can file an arbitration or lawsuit, require the seller to continue to perform the contract, and complete the down payment of the second-hand house to the seller of the house is handed over to the seller himself, you can pay a part of the deposit first, and then go to the loan to sign in person, apply for a loan, and then handle the transfer after the loan is passed, and give the down payment on the day of the transfer.

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Hello, I am happy to answer for you what you have queried: should the down payment for the sale of second-hand housing be handed over to the agent or the seller - The down payment of the second-hand house is handed over to the seller himself, you can pay a part of the deposit first, and then go to the loan interview, apply for a loan, after the loan is approved, and then handle the transfer, and give the first shirt Ling payment on the day of the transfer. Wait for the loan to come down, in which the contract is signed first, and if there is any land history to note, you must write a good explanation, otherwise it will cause losses.

If the seller defaults on the down payment of the second-hand house, there are two solutions: 1. Negotiate with the seller, if it is invalid, you can file an arbitration or lawsuit, and require the seller to continue to perform the contract, complete the house purchase and hand over the down payment of the second-hand house to the seller himself, you can pay a part of the deposit first, and then go to the loan interview, apply for a loan, after the loan is passed, then handle the transfer, and give the down payment on the day of the transfer.

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