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Legal Analysis: Buying a house to pay for the agent's fees.
1. If the transaction amount of the purchased real estate is 100,000 yuan and below, 2% of the intermediary fee will be charged, and the house ** will be charged 1% of the intermediary fee if it is higher than 100,000 yuan and less than 1 million yuan, and the house ** will be charged according to the transaction price of each house if it exceeds 1 million yuan.
2. Another calculation method is that the buyer and the seller each pay 1% of the house ** as an intermediary fee, which is also the mainstream charging method on the market, and it is also a more acceptable charging method for buyers and sellers.
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.
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If you buy a house, the brokerage fee is paid by the buyer.
The charging standard of the intermediary fee is directly related to the ** house, which is generally charged according to 1% to 2% of the transaction price of the house, without a special unified provision, and can be negotiated with the housing agent.
The vast majority of the intermediary fee is paid by the buyer, and if the transaction price of the house itself is relatively high, you can also negotiate with the seller, and both parties will bear the intermediary fee.
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The brokerage fee for buying a house is shared by the seller and the buyer.
Under normal circumstances, the brand intermediary should charge 2% to the buyer and 1% to the seller, but the seller's intermediary fee is negotiable, and many sellers do not pay the intermediary fee.
Brokerage fees
Intermediary fee refers to the reasonable fee charged by intermediaries and other institutions that provide intermediate services to customers in the process of providing services when buying, renting, blind date, etc. The intermediary fee is generally charged by a third party, and it is generally charged in a lump sum, so pay attention to asking for an invoice. There are no written rules for the collection of real estate agency fees.
When buying, renting, blind date, etc., the reasonable fees charged by intermediaries and other institutions that provide intermediate services to customers in the process of providing services. Payment method: The intermediary fee is generally charged by a third party, such as an intermediary company, and should not be paid like a landlord, unless he is not a real landlord, but also be aware of being hacked.
The intermediary fee is generally charged in a lump sum, so pay attention to asking for an invoice.
The general intermediary fee does not include the third-party fee, which refers to the fee to be handed over to the third party, such as the visa fee is paid to the embassy and the application fee is paid to the school. Proof of funds and transcripts are all personal documents.
There is no way for the agent to produce these materials, but they are obliged to assist you in preparing these materials, such as teaching you how to open a transcript, how to prepare a financial certificate, instructing you when to take the English test, etc., and helping you write the essay.
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The intermediary fee for buying a house is generally borne by both the buyer and the seller, unless otherwise agreed by both parties. The brokerage fee for buying a house is 1% to 2% of the transaction, which is generally paid after the completion of the intermediary process and when the purchase contract is signed.
[Legal basis].
Article 963 of the Civil Code.
Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. 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.
Article 964.
If the intermediary fails to facilitate the conclusion of the 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 965.
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.
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