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You need to pay an intermediary fee because you have access to intermediary services. There is also a legal basis for this. It is certainly wrong for the intermediary to not explain in advance, but this is not a legal reason to refuse payment.
As an adult, you should be aware that you have to pay the brokerage fee, and you should know that the tenant pays the brokerage fee conventionally or in the transaction. Therefore, there is no reason to refuse to pay specifically to check the relevant provisions of the Civil Code.
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Many intermediaries are like this, they will not mention the intermediary fee when they first show you, and finally they will mention the intermediary fee when you are satisfied with it, or sign the contract. When I just graduated, I rented a house for the first time, the agent took me to see the house, and after seeing that I thought it was okay, I said that I wanted to sign the contract, and when I signed the contract, I suddenly told me that he had to charge an agency fee, at that time I also just graduated, the first time to rent a house, and the house there is also very difficult to rent, and I didn't say anything, some agency fees are very high, half of the rent, so try not to find an agent when renting, or you can ask the agency fee in advance.
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Of course, it is deliberate, because under normal circumstances, this kind of intermediary fee must be said in advance, and the intermediary fee can not be given afterwards.
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Renting does charge an intermediary fee, but some of this intermediary fee is given by the landlord, sometimes by the tenant, this is really to ask at the beginning, you have signed the contract now, a little unclear.
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Your statement is completely correct, if this is the case, you can choose not to ah, it doesn't matter if the contract is signed, as long as the money is not paid.
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Generally, there is an intermediary fee, he will say in advance, renting a house is to make an appointment to see the house, ask what the cost is, and then look at the house to talk about **, and finally sign the contract. After signing the contract, you can not give him an intermediary fee.
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Intermediaries are generally paid services, and if you don't want to pay commissions, you should ask the intermediary in advance if they charge a fee.
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Legal analysis: If it is a ** contract signed with an agent, the rental agency fee is paid once a year. In other words, if you sign a housing contract with an intermediary company, you will have to pay the brokerage fee once a year.
If you find an intermediary company as a witness, you must also pay a certain contract cost.
If you sign directly with the landlord, you don't have to pay for the lease renewal in the second year. In other words, if you rent a house with the landlord to sign a lease contract, you still need to renew the lease in the second year, so you don't need to pay the agency fee to the agency.
If the lease is renewed, there is no need to pay the intermediary fee, and the landlord can directly submit a renewal request to the landlord, and then sign the lease renewal contract with the consent of the landlord. If you still need to find an intermediary as a witness, you need to pay a certain fee to the intermediary as the cost of the housing renewal contract.
Legal basis: Article 963 of the Civil Code of the People's Republic of China Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration as agreed. Where there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 510 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.
If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.
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First, the two parties will negotiate to communicate and settle the matter peacefully; The second is to sue the renter in court by collecting evidence, such as an agreement signed by both parties with an agreement on rental fees, on-site recordings, etc.
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The dispute resolution of the rental agency fee is as follows: 1. Before 2000, the agency fee for housing rental was charged in one direction, that is, only the tenant was charged. After 2000, it became a two-way fee, with half of the total tenant and half of the tenant being charged.
2. First of all, it must be legal. There is a rationale for the practice of sharing the intermediary fees between the landlord and the tenant. According to the Contract Law of the People's Republic of China, if the intermediary provides intermediary services to conclude the contract, the parties to the contract shall bear the intermediary's remuneration equally.
In other words, the ** fee of the real estate agency should be borne by both the rental and the tenant. 3. Secondly, it should be reasonable. One-way charges are contrary to the principle of arm's length trading.
This fee model brings the agent and the tenant together, and the intermediary service organization is more than happy to partner with the tenant to drive down the price of the property in order to facilitate the transaction.
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If your contract or agreement states that the tenant will pay the agent fee, if the other party does not pay, it is a breach of contract and you can refuse to rent to him. But if you don't agree on who will pay the agent, it's understandable that the renter won't pay the agent. In this case, you need to re-discuss before making a decision.
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Summary. Hello, needed. Bypassing the agent and signing a contract with the landlord is commonly known as "skipping orders".
After the implementation of the Civil Code in 2021, intermediary fees still have to be paid after jumping orders. In the process of buying and selling a house, or in the rental of a house, for one reason or another, skipping orders occurs from time to time, resulting in the real estate agent being busy in vain and unable to receive the intermediary fee. The Civil Code speaks for intermediaries this time, and Article 965 of the Civil Code provides:
If, after accepting the services of an intermediary, the client 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. ”
Hello, needed. Bypassing the agent and signing a contract with the landlord is commonly known as "skipping orders". After the implementation of the Civil Code in 2021, intermediary fees still have to be paid after jumping orders.
In the process of buying and selling a house, or in the rental of a house, for one reason or another, skipping orders occurs from time to time, resulting in the real estate agent being busy in vain and unable to receive the intermediary fee. Article 965 of the Civil Code stipulates that: "If the client, after accepting the services of the intermediary, uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract without the intermediary, he shall pay remuneration to the intermediary."
emmm is the case, when I went to see the house with the agent, I found that the owner of the house was my teacher, so my teacher borrowed it for me, and the two of us did not sign the contract, do I still need to pay the agency fee in this case.
I just borrowed it for a week, and I moved out immediately, but the agent kept harassing me and asking for agency fees.
Hello, after all, I found it through an intermediary, no matter what, it should be given according to reason, and the problem of giving more and less The intermediary has been harassing and asking for intermediary fees Just mean it.
Good. Probably the meaning is more or less.
Hello, if the intermediary fee is high, give 3 1? Or send a red envelope, mainly to explain the situation, or invite dinner or something.
Oooh ok. What if the agent has to ask for all the agency fees, I can't pay it?
Hello, yes, hold on until a week to move out.
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Summary. Legal basis: Article 46 of the Law of the People's Republic of China on the Promotion of Small and Medium-sized Enterprises The State encourages all kinds of service institutions to provide small and medium-sized enterprises with services such as entrepreneurship training and counseling, intellectual property protection, management consulting, information consulting, credit services, marketing, project development, investment and financing, accounting and taxation, property rights transactions, technical support, talent introduction, foreign cooperation, exhibition and sales, and legal consultation.
Article 47 The departments responsible for the comprehensive management of the promotion of small and medium-sized enterprises shall arrange funds to organize and implement the training of small and medium-sized enterprise management personnel in a planned manner.
Hello, it's my pleasure to answer your <>
According to your question: [Can the rental agent complain if he says that he will charge the agency fee after signing the contract?] The following is the result of my analysis for you from a legal point of view: kissing is okay.
You have to say yes beforehand, oh kiss.
It's not a hindsight, oh kiss.
Legal analysis: There is no clear provision in the law for intermediary fees. Intermediary fee: 1% for cash and 2% for loans.
Legal basis: Article 46 of the Law of the People's Republic of China on the Promotion of Small and Medium-sized Enterprises The State encourages all kinds of service institutions to provide small and medium-sized enterprises with services such as entrepreneurship training and counseling, intellectual property protection, management consulting, information consulting, credit services, marketing, project development, investment and financing, accounting and taxation, property rights transactions, technical support, talent introduction, foreign cooperation, exhibition and sales, and legal consultation. Article 47 The departments responsible for the comprehensive management of the promotion of small and medium-sized enterprises shall arrange funds to organize and implement the training of small and medium-sized enterprise management personnel in a planned manner.
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Legal analysis: If the intermediary deliberately conceals important facts related to the conclusion of the contract, or provides false information to damage the interests of the client, the client may not meet the intermediary fee and may require the intermediary to bear the liability for compensation.
Legal basis: Civil Code of the People's Republic of China
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 964:Where intermediaries fail to facilitate the conclusion of a contract, they must not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred for engaging in intermediary activities in accordance with the agreement.
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The lease contract and the intermediary contract are two independent contracts, and the parties to the lease contract have breached the contract to balance the disadvantages and do not affect the intermediary agency to collect the intermediary fee, unless the intermediary is at fault and damages the interests of the client, the intermediary agency shall not charge the intermediary fee, and shall compensate the Kai family for losses. According to Article 962 of the Civil Code, 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 964 of the Civil Code of the People's Republic of China Where an intermediary fails to facilitate the conclusion of a contract, it shall not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred for engaging in intermediary activities in accordance with the agreement. Article 962 of the Civil Code of the People's Republic of China provides that an intermediary shall truthfully report to the client on matters related to the conclusion of a contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, thereby harming the interests of the client, it shall not request payment of remuneration and shall bear the liability for compensation.
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