Is it illegal to look at a house through an agent and then reach a private agreement with the landlo

Illegal. Buy a house and find an intermediary to see the house, but do not buy it immediately after seeing the house, because the intermediary has an intermediary fee for viewing the house, so some people do not want to pay the intermediary fee, so they are opportunistic and bypass the intermediary, so they sign a contract with the landlord. This behavior is wrong, and offenders will be punished.

Legal analysisNowadays, housing prices are relatively high, and many people cannot afford to buy a new house, so they will choose to buy a second-hand house. There are two ways to buy a second-hand house, one is to find ** by yourself through a friend's introduction, and the second is to find an intermediary. However, I usually look for an intermediary, there are many intermediaries, and if something happens, I can also find an intermediary to protect my rights, which is safer and more assured.

But there will be an intermediary fee to find an agent, generally 1%-3% of the transaction price of the house, many people in order to save this money, they want to go over the intermediary and sign a contract with the landlord directly after seeing the house, this practice is wrong, there is no free lunch in the world, and people should also be honest. If you haven't decided whether to buy or not, and want to ask your neighbors about the situation, you must not hand over the intermediary fee to the agent, because it is easy to pay and difficult to ask for money. If you pay the intermediary fee first, and then inquire about the ** between the accidents, or sold once or twice, the house is old, want to change the house, or do not want to buy in this intermediary, then it will be more difficult to ask for money, hundreds to thousands, say no more, say less, but it is more troublesome to deal with economic disputes.

Therefore, be sure to inquire clearly, and pay attention to the reason for the low price, and then pay the intermediary fee after confirming the purchase. Generally speaking, the agency fee must be paid when the purchase contract is signed, but for the sake of safety, you can pay the agency fee after the completion of the transfer, or pay a part first, and then pay the other part when the final payment of the house is paid at the time of transfer, which is also more convenient and reassuring. After paying the intermediary fee, you must keep the receipt to avoid problems in the future and protect your rights in time.

Legal basisCivil Code of the People's Republic of China Article 500 Where a party has any of the following circumstances in the process of concluding a contract, causing losses to the other party, it shall be liable for compensation: (1) maliciously conducting negotiations under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

It's not illegal, but it's immoral. The agent provided the service, and you deal with the landlord privately, saving the agent fee, which is against the principle of good faith.

Not illegal. But immoral. It is equivalent to learning the best information through the intermediary, but after the intermediary pays the corresponding labor, the intermediary is directly abandoned.

This practice can be said to be not illegal, but it is a bit unreasonable from the perspective of integrity.

It's not illegal, but the agent can file a lawsuit against you and the landlord. And it's not safe for you to buy a house without going through an agent. You know.

Don't commit it, and leave one more than the intermediary fee.

It's not illegal, it's just immoral.

This homeowner hangs ** in the intermediary company** but privately deals with the buyer The buyer looks at the house in the intermediary but makes a deal with the homeowner in private, although it is not illegal, but both of them are a little bit untrustworthy and moral!

Summary. First of all, it is against the law. Article 426 of the Contract Law clearly stipulates that: "If the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. ”

Therefore, intermediaries should be paid a fair amount.

The real estate agency can use many means to prove that it is indeed leading the parties to the transaction to inspect the house on the spot and make corresponding facilitation work, and after grasping the evidence, it is not very difficult for this kind of litigation agency to win.

Therefore, for consumers, once they come to this point, they not only need to pay the full amount of the intermediary service commission, but also bear the legal costs and even face relevant compensatory penalties.

The consequences of the agent and the landlord privately trading with the landlord after viewing the property.

First of all, it is against the law. Article 426 of the Contract Law clearly stipulates that "if the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement."

Therefore, intermediaries should be paid a fair amount. The real estate agency can use many means to prove that it is indeed leading the parties to the transaction to inspect the house on the spot and make the corresponding facilitation work, after grasping the evidence, the difficulty of this kind of litigation intermediary company to win is not very great. Therefore, for consumers, once they come to this point, they not only need to pay the full amount of the intermediary service commission, but also bear the legal costs and even face the relevant compensatory penalties.

Chapter 23 of the Contract Law of the People's Republic of China, Article 424 of the Intermediary Contract, an intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides the intermediary service for the conclusion of the contract, and the principal pays remuneration. Article 425: 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, he shall not demand payment of remuneration and shall bear the liability for damages.

Article 426:Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration as agreed. Where there is no agreement on the intermediary's remuneration or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 61 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.

Where the intermediary facilitates the conclusion of the contract, the costs of the intermediary activities are to be borne by the intermediary. Article 427:Where an intermediary fails to facilitate the conclusion of a contract, he must not demand payment of remuneration, but may require the client to pay the necessary expenses incurred for engaging in intermediary activities. Article 428 This Law shall come into force on October 1, 1999, and the Law of the People's Republic of China on Economic Contracts, the Law of the People's Republic of China on Foreign-Related Economic Contracts, and the Law of the People's Republic of China on Technical Contracts shall be repealed at the same time.

Legal analysis: A lease contract is a contract that establishes the relationship between creditor's rights and debts, rather than a contract for the purpose of producing the effect of changing property rights. Whether the lessor has the right of ownership and disposal of the leased property is not something that must be considered in the lease contract.

The content of the lease contract is that the lessor hands over the leased property to the lessee for possession and use, and the lessee pays the corresponding rent. The lessee transfers the possession and use rights of the leased property obtained in accordance with the contract to the sub-lessee for enjoyment, which does not constitute the disposition of the leased property.

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

Article 961: An intermediary contract is a contract in which an intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for concluding a 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.

Summary. Hello, it is a pleasure to serve you After viewing the house through the intermediary and the homeowner in private transactions, it is an illegal act and needs to be legally responsible. Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement.

Therefore, intermediaries should be paid fairly. Generally, it is illegal for an agent to trade privately after viewing the house.

Do you need to be legally responsible for private transactions with the homeowner after viewing the house through an intermediary?

Hello, I am very happy to serve you After viewing the house through the intermediary and the homeowner in private transactions, it is a violation of the law or Lu Wei needs to be held legally responsible. Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. Therefore, intermediaries should be reasonably remunerated by the group.

Generally, it is illegal for an agent to trade privately after viewing the house.

According to Article 965 of the Civil Code of the People's Republic of China, if the client uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract after receiving the services of the intermediary, the client shall pay remuneration to the intermediary.

Hello, do you have a pre-entrustment agreement with an intermediary?

Summary. Dear, glad to answer for you! If you have signed a contract with the intermediary, and it is stated in the contract that you need to bear legal responsibility for the transaction with the landlord without an intermediary, then you need to be legally responsible.

Buying a house through an intermediary and closing the deal without reaching an agreement with the intermediary or having no relationship. If there is an entrustment agreement, etc., it is necessary to compensate for liquidated damages, and you need to bear legal responsibility.

Do you need to be legally responsible for private transactions with the homeowner after viewing the house through an intermediary?

Dear, glad to answer for you! If you have signed a contract with the intermediary, and it is stated in the contract that you need to bear legal responsibility for the transaction between you and the homeowner through the intermediary agency, then you need to bear legal responsibility. Buying a house through an intermediary and closing the deal without reaching an agreement with the intermediary or having no relationship.

If there is an entrustment agreement, etc., if you want to compensate for liquidated damages, you need to bear legal responsibility.

Kiss, expand for you! Article 965 of the Civil Code stipulates that if a bank trustee accepts the services of an intermediary and uses the trading opportunities provided by the intermediary or the intermediary services to bypass the intermediary and directly conclude a contract without the intermediary, it shall pay remuneration to the intermediary. Article 586 stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights.

The deposit contract is concluded when the deposit is actually paid. Article 587 stipulates that if one of the parties fails to perform the obligations of the contract or the performance of the 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, and 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 analysis: If the landlord and the agent are in a lease contract relationship, and then the agent subleases the house to you, in this case, if the contract between the landlord and the agent stipulates that sublease is allowed, then the lease contract between you and the agent is legal and valid, and the landlord cannot take back the house. If the contract between the landlord and the agent prohibits subletting, then there is no legal basis for your lease and the landlord can repossess the property.

You can only find an intermediary to compensate for the loss.

Secondly: If the landlord is asking for rent through an agent, then the contract you sign with the agent directly binds the landlord. That is, the relationship between you and the landlord constitutes a tenancy contract.

The landlord cannot take back the house. As for what he said, he did not receive rent, etc., so he can only ask the agent for compensation.

Legal basis: "Urban Real Estate Management Law" Article 7 The construction administrative department and the land management department shall divide their duties and responsibilities in accordance with the provisions of the law, and closely cooperate to manage the national real estate work.

The institutional setup and functions and powers of the local people's real estate management and land management departments at or above the county level shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government.

Private transactions are not recommended. According to Article 16 of the Contract Law of the People's Republic of China, when the parties conclude a contract, they shall follow the principle of good faith and shall not use fraud, coercion or other means. Private transactions may violate the principle of good faith and may therefore lead to disputes between the parties and may even be judged to be invalid.

In addition, private transactions may affect the legitimate rights and interests of homeowners, and if the rights of homeowners are violated, they may file civil lawsuits, resulting in unnecessary losses for both parties.

Legal analysis: The rent of the house shall be determined by the lessor and the lessee through negotiation, and the lessor shall not increase the rent without authorization during the lease term. Rent payments can be made annually, semi-annually, or quarterly.

If you pay the rent for a longer period of time at once, you can bargain with the landlord and ask for some concessions. However, from the perspective of the lessee's affordability, the financial burden caused by monthly or quarterly payments is relatively small. When signing a rental contract, you should specify the specific duration of the lease in the contract.

so as not to cause disputes.

Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family

Article 25: During the existence of a marital relationship, the following property is "other property that shall be jointly owned" as provided for in Article 1062 of the Civil Code;

1) The income obtained by one party from the investment of personal property;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

3) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

Article 26: The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.