What should I do if I buy a house and pay a deposit and the agent sells the house?

Bought a house and paid a deposit.

Intermediaries should pay attention to integrity and be loyal to professional ethics.

Strict fulfillment of contractual responsibilities and obligations. If the agent sells the house without authorization, it is a breach of contract, and the buyer can ask the agent to compensate for three to 10 times the deposit.

It depends on who you give your deposit, if it is handed over to the homeowner, and the homeowner buys it again, it is required to be doubled back, but if it is handed over to the intermediary, you can only find an intermediary.

There is a legal basis for allowing the intermediary to return the deposit double, if you breach the contract and the deposit is not returned, now the intermediary is in default, and the intermediary needs to return the deposit twice. If you can have other negotiations, you can also do it according to the content of the negotiations.

Since the deposit was paid. The agent sold the house without permission. The buyer can claim compensation from the agent for 3 to 5 times the deposit for the purchase of the house.

If the agent sells the house, according to the contract law, the agent will pay you double the deposit, and if the agent does not perform, he can sue.

This case goes to court to prosecute. If you do not have a breach of contract such as delayed payment, that is, if the intermediary sells two houses, he will bear the liability for breach of contract and compensate you for your losses.

Negotiate with the intermediary, and if you are not satisfied with the outcome of the negotiation, you can go to the lawsuit.

You have to see who defaults! If he is in breach of contract, you can go to court and sue the intermediary! Assert your rights.

In this case, as you said, it is an intermediary violation. You can apply for a refund of the deposit in compensation for you. If the agent is not satisfied, you can go to court to sue him.

Legal analysis

Because the intermediary is the intermediary between the buyer and the seller, the deposit is handed over to the intermediary to ensure the safety of the transaction, and the following are the precautions for paying the deposit:

Oral agreements cannot be used to pay deposits: oral agreements have no legal effect and are not protected by law.

Verify the title deed information: Buyers need to verify the property title deed information before paying the deposit.

Confirm the identity of the homeowner: In order to avoid losses, buyers need to confirm the identity of the homeowner before paying a deposit.

The process of selling a house is as follows:

1. Sign the contract, the buyer and the seller sign the contract to sign the "Stock Housing Sales Contract" and "Deposit Agreement", and collect the deposit, when signing the agreement, you need to pay attention to bring the house book, the property owner's ID card, when signing the contract, all the property owners of the seller need to be present, if you can't be present, you need to provide a power of attorney, if the property is shared by husband and wife, you also need to provide "Spouse Consent ** Certificate";

2. In the review process, the buyer needs to do a qualification review to determine that he is qualified to buy a house in Beijing, and the seller needs to do a house inspection. Ensure that the property rights of the house are clear, and the unsecured seizure can be listed and traded normally, and the two can be carried out at the same time, and the results will be issued within 10 working days;

3. Online signing, that is, online signing, is a mandatory requirement of the real estate management department, in order to eliminate the risk of "one house and two sales". Once the "online signing" is successful, the same set of ** cannot generate a sales contract again, and it cannot be sold to others;

4. Tax transfer, tax payment means that the buyer and seller go to the local taxation bureau to pay the taxes involved in the sale of the house, and the transfer is the process of transferring the property right from A to B, and after the transfer is completed, the property right of the house will be transferred to the buyer's name, and the transaction will be completed.

Legal basis

Article 586 of the Civil Code of the People's Republic of China 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.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

Legal analysis: Because the intermediary is the intermediary between the buyer and the seller, the deposit is handed over to the intermediary to ensure the safety of the transaction, the deposit is handed over to the intermediary, and then the intermediary is transferred to the seller, but the intermediary should issue a power of attorney from the seller to entrust the intermediary to collect the deposit. After receiving the power of attorney, the buyer can give the deposit to the agent, but the agent must ask the agent to produce a receipt for the receipt of the deposit, which should include the seals of the person handling the deposit and the agency of the agent.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 6 The pre-sale permit system shall be implemented for the pre-sale of commercial housing. The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.

The situation of selling a house and being deceived by an agent to collect a deposit is a fraudulent situation, and the contract signed by this is not legally valid, and a refund can be claimed. In addition, if the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information about the relationship, harming the interests of the client, he shall not demand payment of remuneration and shall be liable for damages.

Article 157 of the Civil Code of the People's Republic of China: After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

Article 149 of the Civil Code of the People's Republic of China provides that if a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 148 of the Civil Code of the People's Republic of China provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Feasting potatoes blindly.

After paying the deposit for the purchase of the house, the homeowner repents, and the homeowner's behavior is a breach of contract. The buyer can ask the homeowner to continue to perform the contract, or terminate the purchase contract and demand a double return of the fixed offset difference and bear the liability for breach of contract. According to Article 587 of the Civil Code, 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 the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it has no 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.

Article 587 of the Civil Code Where 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 purpose of the contract being achieved by not rolling over the judgment, it has no 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.

Summary. You can make a written request to the agent to return the deposit. You can provide relevant information about the deposit, including the amount of the deposit, the date of payment, the method of payment, etc., in your written request.

You can also provide evidence that the house was sold privately to someone else to justify your claim. If the agent refuses your request, you can file a complaint with your local consumer protection authority and ask them to investigate the agent's actions. Based on the evidence you provide, the consumer rights protection agency will investigate the behavior of the intermediary and give corresponding opinions.

I paid a deposit for buying a house through an intermediary, and the house was sold to someone else privately, how to return the deposit.

Hello dear! The deposit is also refundable. First of all, you can negotiate first, and if the negotiation fails, you can apply for arbitration or file a lawsuit with the court.

The deposit is the fee paid in advance after the decision to buy the house in the house purchase contract, and if the contract is performed as agreed, the deposit can be used as the price. If the seller breaches the contract and the purpose of the contract cannot be achieved, the other party can be required to return double the deposit.

Hello dear! According to the provisions, 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 the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it has no 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.

You can make a written request to the agent to return the deposit. You can provide relevant information about the deposit, including the amount of the deposit, the date of payment, the method of payment, etc., in your written request. You can also provide evidence that the house was sold privately to someone else to justify your claim.

If the agent refuses your request, you can file a complaint with your local consumer protection authority and ask them to investigate the agent's actions. Based on the evidence you provide, the consumer rights protection agency will investigate the behavior of the intermediary and give corresponding opinions.