Is it illegal to find an agent to view the property and sign a contract with the landlord in another

If you didn't sign a contract with the previous agent, your behavior is naturally not illegal, and you have to shop around for things, not to mention that it is normal to sign with someone who is cheap when buying a house.

Finding an agent to look at the house and asking another person to buy it at another agent is not a breach of contract.

This does not constitute a breach of contract, and Guiding Case No. 1 released by the Supreme People's Court of China addresses this issue.

In the same house, the first time I signed a sales contract with the landlord at the intermediary, the landlord breached the contract and paid me liquidated damages, and the second time I asked another agent, but now my friend wants to buy this house, I have contacted the landlord, and my friend found the first intermediary, not the second intermediary, so is it considered a breach of contract.

Not counted. The homeowner entrusts the same ** to different intermediaries**, and the seller chooses the lower intermediary to close the transaction, which does not constitute a skip order.

We are the buyer.

Yes. I made a typo.

The first time I bought it, I signed it with the first agent.

The landlord breached the contract, because the price of the house increased, and I was compensated for the liquidated damages, which did not affect.

This does not constitute a skipping order.

As long as the buyer signs the contract through the intermediary and the homeowner, then it does not constitute a breach of contract.

This time, my friend wants to buy, and it is also the landlord I contacted, the first agent I found, in this case, will the second family sue me for skipping the order.

No. If you sign an intermediary service contract with an intermediary, the act of changing intermediaries after viewing the house is a breach of contract and a general civil violation. The breaching party shall, in accordance with the provisions of the intermediary contract, pay liquidated damages and bear the corresponding liability for breach of contract.

Article 577 of the Civil Code: Where 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. If the content of the house sale contract is legal, and the contract is signed by both parties, the contract is valid; 2. If the content of the contract for the sale of houses is illegal, and the signing of the contract is not the true intention of both parties, the contract shall be made.

Specific problems are analyzed on a case-by-case basis. There are two factors that affect whether you have violated the contract section of the Civil Code. 1.Whether the lessee has contact with the lessee. 2.Whether the lessee has an exclusive contract with the intermediary.

If none of the above two points are violated. Otherwise, according to Article 965 of the Civil Code, it is an act of skipping orders, and it is necessary to pay remuneration to the intermediary.

Specific questions and specific analysis. There are two factors that can affect whether or not you are in breach of a Civil Code contract. 1.

If the lessee has a connection with the lessee. 2.If the lessee has an exclusive contract with the intermediary.

If both of the above points are incorrect, it is not a violation. Otherwise, according to article 965 of the Civil Code, it is a bouncing act and compensation must be paid to the intermediary.

There are no consequences for bypassing the agent and signing a contract with the landlordIf you see the landlord on the Internet and contact the landlord and sign the contract, the landlord gives you a copy of the real estate certificate and a copy of the ID card, so there is no problem, and it is the same as finding an agent (except for the agent's ** room.)

The difference is that the intermediary fee is saved. If you see it from the agent and want to dump the agent, it depends on whether you can find the landlord and whether the landlord is willing to sign with you directly. As long as the contract signed directly with the landlord is signed by both parties, there are no obviously unfair terms in the contract, and there is no coercion on one party to sign, it is legal and valid.

In reality, the real estate agency platform uses the information in hand to charge both tenants and landlords

However, for the tenant, there is no intention to sign the "intermediary contract" with the intermediary platform, on the contrary, the reason why the landlord is willing to hang ** on the intermediary platform is because the intermediary platform promises to find tenants for the landlord. Therefore, the tenant should be an important part of whether the intermediary can complete the entrustment content of the "intermediary contract", and the tenant can refuse to pay the intermediary fee, because the tenant has no real intention to sign the "intermediary contract" with the intermediary platform, and in reality it is forced to pay.

If all tenants refuse to pay the agent fee to the rental agency platform, the rental agency will still take the initiative to find the tenant, because the rental agent has already charged the landlord an agency fee, and its job is to help the landlord rent out the house. According to the provisions of the Civil Code, intermediaries can only collect intermediary fees from clients, and are not entitled to collect commissions from tenants who have not entrusted intermediary platforms.

No consequences! As long as the contract is fine!

Legal analysis: 1. Generally speaking, in order to protect their legitimate interests, the intermediary will sign a written agreement with the customer before viewing the house, or there is an oral agreement, no matter what the way is, the intermediary has the right to charge the corresponding commission for the fact of leasing or buying and selling the house that has been seen. If you have an agreement with the first agent regarding the viewing (confirmation of viewing, etc.), you should pay the agreed fee to the first agent.

If no agreement is signed, it should also be resolved through communication.

2. Of course, you can negotiate with the landlord and the second agent, and you should also bear part of the responsibility for the adverse consequences caused by the landlord entrusting more than two intermediaries to seek rent. In addition, since you have already seen this house, you should explain it when you look at the house for the second time, and you have now paid the deposit, which means that the business has been completed, and in essence, you are also at fault (viewing the same house through two agents will cause a dispute between the two agents over commissions).

3. If the negotiation with all parties fails, it can be coordinated through the intermediary management department of the local housing authority.

Legal basis: 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 153 of the Civil Code.

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 law.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 961 of the Civil Code.

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

Article 502 of the Civil Code.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.