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Speculative property sellers use commissions to induce intermediaries, ask the other party to cooperate with them, create panic about housing prices, and then raise housing prices. Over the years, due to the huge profits of property speculation, there have been more and more related violations of laws and regulations. According to a report released by the Beijing Intermediate People's Court, in the past five years, about 40 percent of the real estate cases heard by the court were extortion, and about 3 percent of the cases involved contract fraud.
And the amount involved is very huge, often millions, and in serious cases, it may reach tens of millions.
Cases of extortion are common in the rental market, and most of the parties involved are young people or recent university graduates. The specific process is that the intermediary uses various routines, such as low prices or fictitious information, to get the parties to sign the contract. After signing the contract, the tenant is required to pay various other fees, and if he does not pay, the deposit will be deducted, and in serious cases, the landlord will threaten the tenant verbally and ask the tenant to pay extra fees.
In addition, there are also a lot of problems in long-term rental apartment companies, many long-term rental apartment brands use low prices to absorb tenants, but require the other party to pay the rent in advance, after the tenant prepaid, the company did not give the rent to the landlord on time, which eventually led to the tenant paying the fee, but the landlord just came out, and at this time the long-term rental agency has also exploded and run away, and the tenant can only bear the loss by himself.
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The intermediary industry has a very deep routine, and sometimes it will earn a huge price difference, for example, if the seller sells a house of 500,000 yuan, the intermediary price is 600,000 yuan, and the difference goes into the intermediary's pocket.
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One of them sings white-faced, the other black-faced. Consumers are then deceived and deceived. In the end, they get a lot out of it.
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Legal analysis: If you are intermediated, as a victim, you can first solve it by complaining to the industrial and commercial department. Complaint **12315.
If the enterprise or individual is suspected of fraud, it may immediately report the case to the public security organs through text messages, WeChat, letters, the Internet, etc. Or go to the local public security organ's network supervision department in person to report the case and call 110 to report the case.
Legal basis: "Interim Measures for the Acceptance of Consumer Complaints by the Administrative Organs for Industry and Commerce" Article 12: Consumer appeals shall meet the following conditions: (1) There is a clear respondent; (2) There are specific requests for appeals, facts, and reasons; (3) It is within the jurisdiction of the administrative organ for industry and commerce.
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What are the pitfalls of intermediaries?
One of the pitfalls: the liquidated damages clause is unclear about the liability of the intermediary company.
If the buyer and seller cannot sign the contract within the agreed period, then they must bear the liquidated damages, which deliberately avoids the responsibility of the intermediary company, but only clarifies the obligations of the buyer and the seller, if the buyer and the seller cannot sign the contract within the agreed period, both parties must pay liquidated damages to the intermediary company.
Pitfall 2: Asking the buyer to pay the intention money.
The intention money is the intention to buy a house, which is often determined in writing by the intermediary company after the buyer has the intention to buy, and a certain amount of intention money is paid. Many Nakamori Keiyosuke companies do not sign a formal intermediary contract with the buyer, and use the "Real Estate Sale and Purchase Intent Agreement" to require the buyer to pay a certain amount of intent money to show the sincerity of the purchase, and at the same time require the buyer to unilaterally sign the agreement. The intermediary company will use it to contain the client and make the purchase of a house a dilemma.
Pitfall 3: Unknown payment method.
Many buyers and sellers usually only focus on the price of the house and do not pay due attention to the specific payment method. As a result, disputes often arise in the process of performance due to the unclear payment time of a certain payment, and the party who suffers the loss can only consider himself unlucky.
Trap 4: There are problems with decoration and ancillary facilities and equipment.
When buying a house, it is often the intermediary who says that the sky is falling, but the reality of the situation is not seriously investigated. When signing the contract, it is said that there is no problem with the quality, the environment is good, the equipment is good, and the community will give home appliances and equipment with the house, and you can move in with your bag. As a result, when the house was handed over, it was found that the toilet ceiling was leaking, the floor was deformed and other problems, and I regretted not starting at the beginning.
Pitfall 5: Taxes exceed expectations or intermediaries earn a median difference.
The type and amount of taxes and fees to be paid for the purchase of non-residential housing are quite different from those for residential housing. In practice, there have been cases where the original budget of the buyer was greatly exceeded due to the underestimation of the tax payable for the purchase of non-residential housing. Second-hand housing sales will need to pay a variety of different taxes according to the specific situation, and some intermediary companies will take advantage of the buyer's lack of knowledge in this area in order to pursue benefits and eat the tax gap, how to beware of intermediary traps?
1. Check whether the company has the qualification certificate issued by the city's real estate management bureau.
Second, the text of the agreement and the invoice, must check whether the official seal is clear, if it does not match, please do not sign, and refuse the service in time.
3. If you have any doubts or unclear meanings about some key terms in the agreement, please do not believe the various promises and tempting words spoken by the company's staff. If there are some additional provisions, they must be implemented in the text.
4. When making a reasonable request for the return of the deposit as agreed in the agreement, the deposit shall be returned first and then the evidence shall be submitted, and if necessary, a copy shall be prepared in advance.
5. Buyers should have a more detailed understanding of the tax payment and other related tax payments for second-hand housing sales in advance.
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As an intermediary to help the landlord sell, the following routines are usually used:1**Inflated:
We'll inflate the top of the pitch to give the landlord more room to negotiate and the agent get a higher commission. 2.Beautify**:
We will tell the landlord that the market is tight, so that the landlord feels that his house is competitive, so as to speed up the process. 4.Building Trust:
We will show our expertise and experience to landlords and convince them that we can provide them with the best possible service. 5.Additional services are available:
We will provide additional services to the host, such as home appraisal, publicity and publicity, etc., so that the host will find our service valuable. In general, the agent's routine of helping the landlord sell is to make the landlord feel that we are trustworthy, and at the same time, it is also to get us more commissions. However, we should also be careful not to exaggerate the advantages or false qualities of **, which will disappoint the landlord and have a negative impact on our trust.
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Hello dear <>
The main routines commonly used by intermediaries to help landlords sell are as follows:1Exaggerating the pros:
The agent will exaggerate the advantages of **, such as the house is very close to the subway station, the surrounding environment is very good, etc., so that the tenant has a good impression of the **. 2.Concealment of shortcomings:
The agent will deliberately conceal the shortcomings of **, such as loud noise, poor lighting, etc., so that the tenant is ready to take advantage of the shortcomings of the ** without knowing it. 3.Create a sense of urgency:
The agent will tell the tenant that this ** is very sought-after, and everyone else is watching, and if you don't hurry up, it will be snatched away by others, so that the tenant will have a sense of urgency and speed up the decision-making process. 4.Bootstrap to sign a contract:
The agent will use his professional knowledge and language skills to guide the tenant to sign the contract with the goal of closing the deal. The above routines are the methods that some irresponsible intermediaries will take, but not all intermediaries will do. <>
You ask: What is the crime of the real estate agent who collects a huge amount of transaction funds without permission? It depends on whether he did it intentionally or unintentionally, and if it was intentional, then she was guilty. Heart. Just. Crimes against property.
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