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This kind of behavior is a clear "skipping order", which will not only appear to be very discredited, but in serious cases, the buyer will also need to pay a certain amount of compensation to the real estate agent.
In real life, many people do not seem to have the corresponding spirit of contract, and at the same time, they do not have the corresponding business quality. If we are looking for a real estate agent or other agent, the first thing we need to do is to respect the results of others' services and at the same time demand ourselves and others as professionally as possible. For ordinary people, many people may think that real estate agents will cheat themselves, and some people even want to deliberately skip real estate agents to save money, which in itself is a manifestation of a serious loss of contract spirit.
This behavior is a clear "order skipping".
The reason is very simple, if the real estate agent has already viewed the house once with the buyer, regardless of whether the buyer has contacted the landlord or not, the buyer needs to go through a real estate agent to complete the relevant transaction. For home buyers, if there is no intermediary, it is impossible for home buyers to find relevant **, let alone this ** landlord. In this case, the buyer cannot contact the landlord of ** privately, and this behavior can be defined as "skipping orders".
The nature of "skipping orders" is very bad.
Although I am not a practitioner in the real estate industry, for these service personnel, because they themselves make money from their own services, many people will also use the corresponding professional qualities to help us save time. If a home buyer deliberately "skips orders", this behavior not only does not respect the fruits of others' labor, but also seriously loses the spirit of the contract. In this case, if the buyer's behavior causes substantial losses to the real estate agent, the buyer is not only required to pay the agent's fees normally, but also needs to pay the corresponding compensation to the agent.
Finally, the most basic choice between people is to keep their credibility and the spirit of contract, and if a person can't even do this, there is a problem with that person's behavior.
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No, if you found the landlord through legal channels and both parties signed the contract in a fair and legal way, their actions are protected by law.
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Yes, the agent only shows it once, but as long as you learn about the landlord's information through the agent, the transaction will be finalized. You're a skipper.
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No, if you don't sign a contract, you don't have to listen to the following intermediaries, unless the homeowner and the agent have signed an exclusive ** contract, it doesn't count, there is no law that says that a contract relationship will arise when you look at the house once.
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I think that it is morally considered to skip orders, and according to the normal thinking and three views, the intermediary fee should be given.
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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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1. The situation of the intermediary skipping orders.
Skipping orders for home sales is also known as"Hop on the intermediary"It refers to the act that the buyer or seller has signed a pre-trapped slippery sale confirmation, entrustment purchase agreement or sale agreement with the intermediary (company), the intermediary company has fulfilled its obligation to provide exclusive resource information and promote the buyer and seller to meet and negotiate in accordance with the agreement, and the buyer or seller or both parties skip the intermediary and sign the sales contract without permission in order to avoid or reduce the obligation to pay the intermediary fee to the intermediary in accordance with the agreement.
1. No binding document has been signed.
If the intermediary takes the client to see the property, but does not sign a written document such as a written "Confirmation of Property Viewing", or there is no clause in the written document that restricts the buyer's transaction, the so-called "skipping order" situation occurs, and the agent cannot claim compensation.
2. A binding document was signed.
Then you can get compensation if you sign a restrictive document such as the "Confirmation of Property Inspection".
2. How to deal with intermediary skipping orders.
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 sales contract they eventually signed, it will be difficult for you to win in court.
Real estate agents should take precautions, sign an agreement with both customers, and at the same time improve services and provide better services, so as to avoid the occurrence of more "skipping orders" to the greatest extent.
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.
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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.
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.
In addition, because the service level of some intermediary staff is not high, Xiang Ru sent them to say some insincere words for the sake of the stool hail to the business, which made the customer feel uncomfortable when enjoying the service. And sometimes the customer wants to know the situation, some intermediary salesmen are not clear, or can not give a definite answer, so that the customer feels that it is a waste of time. At this time, not to mention that "skipping orders" can save you a lot of money, you also want to "skip orders" from the perspective of wasting time.
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.
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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.
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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.
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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.
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acts. The authorities will certainly pursue the responsibility of the intermediary and make him return all the money. The intermediary is only responsible for providing ** information and on-site visits, and the phenomenon of signing orders is not within its scope at all.
No matter what kind of request the client receives, it must be reported to the company. If you get a sum of money privately, you will have to bear the corresponding only responsibility. Housing issues are the most likely to arise and the case is usually referred to the courts.
Cooperation between relatives is the most unbelievable, and it is often easy for some problems to arise. If the client deliberately avoids the phenomenon of intermediate payment, it means that he has not borne it at all. Don't make a deal with the other party in private, you may end up in prison for the rest of your life.
Although relatives provide a lot of convenience for themselves, sometimes they will also cause some trouble to themselves. Everyone should think clearly before choosing to cooperate with others. Don't always send yourself into the fire pit, the consequences are very painful.
Buying a house is a major event in life, and you must go to see the property with the people closest to you. No matter what the other party says, you have to have your own unique opinion. Don't choose the most convenient way, protect yourself.
If you enter into a private agreement with an agent, it is against the buyer's rules. The company will carry out the purchase of the house**, and will also make themselves homeless. Presumably, young people don't want to let themselves encounter such a thing, so they must bring a familiar person.
In general, don't always be greedy for cheap in order to make money, and you will definitely pay a certain result for your actions. Coveting a small bargain will eventually suffer a big loss, and there will never be a pie in the sky. The more convenient the way, the more cash exists in it, don't always trust the lowest intermediary company.
Take a look at the unspoken rules in the transaction of a house, and don't let yourself fall into the trap. The house must not be bought at a loss, otherwise it will be a time bomb.
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It is not a skip order to take a room, but it also needs to be considered according to the actual situation. Skipping orders refers to two intermediaries giving you the same **, and after this situation occurs, it can be regarded as skipping orders.
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Yes, this behavior is one of the behaviors that belong to the order hopping, and it is the most typical challenge. This kind of behavior should be characterized from a legal point of view.
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Buying a house is suspected of being illegal. Buying a house and skipping an order is a violation of the entrustment purchase agreement and violates the provisions of the Civil Code of the People's Republic of China. After the buyer skips the order, the intermediary can contact the buyer to negotiate and deal with the buyer's skipping order, or it can protect its legitimate rights and interests through litigation.
When the intermediary party enters into an intermediary service contract with the buyer, it can be agreed in the contract, but the punishment measures when there is a skipping order to avoid the occurrence of skipping orders, even if it happens, it can also be dealt with in accordance with the measures agreed in the contract, and the buyer has the obligation to abide by the contract, and should also uphold the spirit of the contract in good faith to buy a house, just because the intermediary fee is expensive and skip the order, it is illegal.
The following three conditions must be met for the identification of the behavior of buying a house by skipping orders:
1. Whether the two parties have signed an intermediary contract. Whether the intermediary has faithfully fulfilled the obligations stipulated in the contract, such as ** information, on-site inspection, etc., confirming that the contract has been signed and truthfully performed is the first step in the determination.
2. Whether the client uses the intermediary service of the intermediary to close the transaction. In this case, it is necessary to see whether the intermediary is exclusive** or non-exclusive**, and if it is non-exclusive**, it is necessary to consider the time when the intermediary and the entrusting party signed the contract and confirm which intermediary's services are based on which intermediary to conclude the transaction.
3. The client deliberately evades the intermediary fee. In order to avoid intermediary fees, the client uses the information provided by the intermediary to make a private transaction with a third party. ”
Only when the above three conditions are met will it be recognized as skipping orders to buy a house, and the agent can get compensation for the remuneration.
Legal basis: There are also clear provisions on the behavior of skipping orders in the Civil Code:
Article 961 of the Civil Code stipulates that 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.
Article 965 of the Civil Code provides that if the client, after accepting the services of an intermediary, uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract, it shall pay remuneration to the intermediary.
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