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The intermediary fee is equivalent to the deposit, according to the contract law, the deposit is non-refundable, it is useless for you to fight a lawsuit, it is your personal breach of contract, the intermediary may also let you compensate for the loss, it is best to negotiate a solution.
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I paid the agency fee when I bought a house, but I don't want to buy a house anymore, can I get the money back? Yes, because the main role of the intermediary is to promote the successful signing of the sales contract between the two parties, but if the two parties specifically agree that the buyer will no longer buy the house, the intermediary fee will not be refunded, similar to such a provision, it may not come back.
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Because you pay the agency fee for buying a house, and then you don't want to buy it, this is a breach of contract (there is generally a contract for buying a second-hand house through an intermediary). In this case, the intermediary fee will not be returned, because they have already provided the service and they have an agreement, and unilateral breach of contract is not protected by law.
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You bought the house and paid the agent reward. But I don't want to buy a house anymore. If you sign a contract to buy a house, you pay the brokerage fee. This money will definitely not come back. There is no need to fight a lawsuit, even if you fight a lawsuit, you will lose
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You want to buy a house and pay the agency fee, and now you don't want to buy it, but the agency fee is paid, you will not come back, and there is no need to go to court.
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Why don't you come back, this belongs to the deposit, I'm afraid that you will not buy it in the end, and delay the sale of the house.
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It depends on the content of your agency contract.
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If the real estate agent fee is not paid, you can prepare relevant evidence and file a lawsuit in the court of the other party's place of residence.
Legal analysisIf you don't pay the real estate agent's fee, you need to go to the court where the other party lives. Chinese law clearly stipulates that all lawsuits need to follow the principle of plaintiff against defendant under the premise of no special circumstances. The plaintiff is a principle used in civil law when choosing the competent court in relation to the defendant.
Unless otherwise provided by law, it is one of the common international practice for the plaintiff to be the defendant. This is conducive to the court's service of legal documents, saving litigation costs, shortening the litigation cycle, and also facilitating the final enforcement. General territorial jurisdiction, also known as ordinary jurisdiction or general jurisdiction, refers to the determination of the competent court based on the relationship between the location of the parties and the jurisdiction of the court.
That is, the court jurisdiction of the parties is under the jurisdiction of which court. The location of the parties includes both the domicile of the parties and the habitual residence of the parties. Domicile, in the case of a citizen, means the place where the citizen is domiciled; For legal persons and other organizations, it refers to the principal place of business or the place where the principal office of the legal person or other organization is located.
"Habitual residence" refers to the place where a citizen has resided continuously for more than one year from the time he leaves his or her place of residence to the time of initiation, except for the place where the citizen is hospitalized for medical treatment. Where both parties have their urban household registrations cancelled, the people's court for the defendant's place of residence has jurisdiction. Where the parties have not yet settled down after moving out of their household registration and have a habitual place of residence, the people's court for that place has jurisdiction.
Where they do not have a habitual place of residence and their household registration has been out for less than one year, the people's court for the place where their original household registration is located has jurisdiction; where more than one year has passed, the people's court for their place of residence has jurisdiction. Where both parties are imprisoned or undergoing re-education through labor, the people's court at the defendant's original domicile has jurisdiction. Where the defendant is imprisoned or sentenced to re-education through labor for one year or more, the people's court for the place where the defendant is imprisoned or re-educated through labor has jurisdiction.
The people's court for the place where the defendant is registered has jurisdiction over a lawsuit brought against a citizen partnership or a partnership-type association that does not have an office. Where there is no registration and several defendants are not in the same jurisdiction, the people's court at the place where the defendants are domiciled has jurisdiction.
Legal basisCivil Procedure Law of the People's Republic of China》 Article 21: The people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
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There will be a three-party contract for real estate transactions, at least in triplicate, and there will also be one for the intermediary. The brokerage fee is indispensable in the contract. You can take the contract to talk to the other party first, and if the other party resolutely does not pay, it is good to take the contract and find a lawyer to sue.
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Then if someone else did not pay the intermediary fee, then you will take out some evidence of your service to him, and then sue to show that you have provided him with services, but he does not pay the relevant fees.
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Evidence of your transaction, no proof of receipt of payment, go to court to sue.
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After a dispute arises in the transaction of a house, the agency fee generally cannot be returned. If there is a dispute in the transaction of the house due to the breach of contract by the seller or the buyer, the intermediary fee cannot be recovered; If a dispute arises in the transaction of the house because the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information or harms the interests of the client, the intermediary fee shall be refunded.
Legal basis
Article 961 of the Civil Code provides 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 concluding a 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 963:Where an intermediary facilitates the conclusion of a 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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Legal analysis: The non-payment of intermediary fees is a malicious debt, and the act is likely to be sued by the intermediary party and seriously added as a dishonest person. If you don't pay back the money you owe, whether online or in person, you will bear overdue fees, you will face recovery, face a credit crisis, and may face litigation if you don't return it in time.
Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.
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If you should pay the intermediary fee but not the intermediary fee, you can go to the consumer association to sue him. Let him have certain hidden dangers in cherishing his records, in this case, let's let him have certain hidden dangers in his credit records, in this case, he will naturally make up for all the things for you. Because our creditworthiness is also very important now.
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1. Consultation fees. Including oral consultation and written consultation, of which the oral consultation fee is determined by both parties through negotiation, and the written consultation fee is divided into 3,000-1,000 yuan per general consultation report; The technical difficulty and complexity may be appropriately increased, but generally does not exceed the amount of the subject matter of the consultation. The above standards are only indicative**, that is, there is no mandatory, and the state encourages calls for charging according to or referring to this **, but it is also possible to exceed or lower this **. >>>More