Real estate agency disputes, what are the real estate agency disputes

Nowadays, most of the second-hand houses we buy and sell are realized through intermediaries, but sometimes there will be some disputes in the process of realizing transactions through intermediaries, how to deal with disputes when we have disputes? Several common intermediary disputes are:1

Disputes arising from the payment of intent money. It is manifested in the unclear agreement of "intention money" instead of "deposit". 2.

Disputes arising from jumping intermediaries. It is manifested that the buyer signed the "Confirmation of Viewing of the House" when viewing the house (the "Confirmation of Viewing of the Property" shows that the buyer jumps out of the intermediary and makes a private transaction with the seller, and the buyer shall pay liquidated damages to the intermediary), and after viewing the house, the buyer makes a transaction through other intermediary companies. 3.

Disputes arising from untrue information provided by intermediaries. It is manifested as deliberately concealing material facts related to the conclusion of the contract or providing false information. In the event of a dispute, we usually have the following solutions:

1.Negotiate. The parties shall settle the dispute on the basis of equality, agreement and friendly consultation.

2.Conciliation. If the parties to the contract cannot reach an agreement, they may request mediation by the relevant institution.

3.Arbitration or Litigation. Negotiation or mediation fails.

You may, in accordance with the provisions of the contract, file a lawsuit with the people's court with jurisdiction or submit the dispute to an arbitration institution with jurisdiction for adjudication to resolve the dispute. Legal basis: Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation.

If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.

The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

You can completely ignore him, now a set of real estate in several intermediaries at the same time is a very common thing, in his side to see the house does not mean that you have to buy a house through him, for the intermediary, they have a lot of so-called rules, when looking at the house, sometimes you will be asked to sign a can not buy a house through other ways or means, here actually refers to the fact that you privately find the seller to trade directly, they did not earn the agency fee, you buy a house through another intermediary is the embodiment of your freedom, If you have not signed a relevant agreement with A, there is no breach of contract or infringement, so there is no legal basis for them to sue you for intermediary fees, and the court will not support it.

1. Service remuneration payable by Party A: 2% of the total transaction price (including decoration money) of the house determined in the "Real Estate Sale and Purchase Contract".

Article 3: Party A's Obligations.

Party A shall not conduct the transaction of this entrustment by itself or through a third party (or in the name of its own relatives, friends and companies) with the ** party introduced by Party B, and the violator shall be deemed to have completed the intermediary obligation of Party B, and Party A shall pay Party B the intermediary commission at 2% of the "reference price" mentioned in Article 1 of this Agreement, and shall pay 1% of the "reference price" mentioned in Article 1 of this Agreement as liquidated damages.

Article 4: Obligations of Party B.

1. Party B shall strive to find suitable real estate as soon as possible through market circulation channels, and facilitate the transaction entrusted by Party A as soon as possible.

2. Party B accepts the entrustment of Party A to carry out market research, sales negotiation, consulting services and other activities in order to effectively perform its obligations.

Party B is responsible for all expenses and has nothing to do with Party A.

Article 5: The Party A mentioned in this Agreement includes Party A, its spouse, relatives, ** person, or directly or indirectly owns or controls Party A, or is owned or controlled by Party A.

A person or legal entity owned or controlled by a party.

Control means the possession and direction of another person or the influence of another person's behavior, management, policy making, whether through a contractual relationship or otherwise.

Rights) Article 6: Party B provides information such as the house, area, and regional location, which is only used as a reference condition for Party A in the process of buying a house, and Party B does not assume legal responsibility for this, and the final purchase ** is determined by Party A and the homeowner, and the area, regional location, etc., shall be subject to the record of the real estate certificate.

Article 7: For all disputes arising from the performance of this Agreement, Party A and Party B agree to use Qingdao Arbitration Commission as the dispute resolution institution.

Party B has carefully explained the above terms, and Party A has carefully read the above terms and has fully understood the above terms.

Have you ever filled out such a form.

Legal analysis: 1. Deposit disputes; 2. Disputes over the sale of one house and two houses; 3. Tenant disputes in the sale and purchase of second-hand houses; 4. Housing quality disputes; 5. Intermediary fee disputes; 6. Disputes over false housing advertisements; 7. Disputes over the separate disposal of co-owned real estate; 8. Disputes over the sale and purchase of small property rights; 9. Disputes over the inability to use housing supporting facilities in a timely manner; 10. Disputes over moving out of household registration in real estate sales.

Legal basis: Article 584 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

1. Deposit disputes; 2. Disputes over the sale of one house and two houses; 3. Tenant disputes in the sale and purchase of second-hand houses; 4. Housing quality disputes; 5. Intermediary fee disputes; 6. Disputes over false housing advertisements; 7. Disputes over the separate disposal of co-owned real estate; 8. Disputes over the sale and purchase of small property rights; 9. Disputes over the inability to use housing supporting facilities in a timely manner; 10. Disputes over moving out of household registration in real estate sales. Legal basis: Article 584 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

If you have a dispute with a real estate agent, go to the real estate department or the industrial and commercial bureau. If there is a dispute with the real estate agency, you can go to the housing management department where the intermediary company is located and the industrial and commercial bureau to complain about it, and the industrial and commercial bureau shall coordinate and notify the result within 7 working days.

[Legal basis].Article 37 of the Measures for the Administration of Real Estate Brokerage.

Violation of Article 25 (3), (4), (5), (6), (7), (8), (9), (10) of these Measures, by the local people's ** construction (real estate) departments at or above the county level shall order corrections within a time limit and record them in the credit file; impose a fine of 10,000 yuan on real estate agents; For real estate brokerage institutions, the qualification for online signing will be cancelled and a fine of 30,000 yuan will be imposed.

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.

1) For real estate agents operating without a license and publishing false information, they can report to the industrial and commercial department;

2) If the intermediary charges fees in violation of laws and regulations, it will be reported to the price department;

3) If there is no real estate brokerage service record certificate, forged supporting materials, etc., to defraud the qualification to purchase a house, to defraud or defraud the housing provident fund, to circumvent loan restrictions, and to sign a yin and yang contract to avoid taxes and fees, it can be reported to the housing management department;

4) If the contract signed by one party cannot be advanced due to breach of contract, the three parties can negotiate and settle the matter, and if the negotiation fails, it may be submitted to the Wuhan Arbitration Commission for arbitration or filed a lawsuit with the people's court in accordance with the law.

In daily life, don't panic when encountering real estate disputes, you must first sort out the way to protect your rights in real estate disputes, especially what department to find to protect your rights in real estate disputes, but in most cases, you should file a lawsuit with the people's court to protect your rights. In addition, how to deal with real estate agent disputes? The above content has been answered in detail, I hope it will be useful to you!

1. How to deal with the fraud of supermarket shopping.

If the merchant refuses to admit the fraud, you can complain to the local consumer association, in addition, the more effective methods of rights protection include arbitration and litigation. This kind of fraud by merchants is illegal, and under normal circumstances, the victims should be compensated in accordance with the law, and it is a punitive damages system.

1. Negotiate and settle with the operator.

As a consumer, we can negotiate with the operator to solve the problem, for example: show the goods we purchased to the operator, make sure that it is fake, and give a certain amount of compensation after the other party agrees.

2. Request mediation from the Consumer Association.

3. Appeal to the relevant administrative departments.

When we can't solve the problem through negotiation with the operator, we can appeal to the relevant administrative department and report to them that the merchant has committed fraud.

4. Arbitration by arbitration institutions.

We can arbitrate and protect our rights through arbitration institutions, although this kind of rights protection is a bit troublesome, but the effect is the best, provide relevant evidence, and go to the arbitration institution for arbitration.

5. File a lawsuit with the people's court.

Second, the property is most afraid of several ways to complain.

The three most feared ways for property owners to complain include:

1. If the owner reports or complains about the arbitrary charges in property management, the local city and district price department will conduct an inspection;

2. The owner can go to the water supply company and power supply company to reflect the situation, or complain to the real estate administrative department at or above the county level;

3. If the owner is dissatisfied with the management quality of the property management company, he can complain to the owners' committee, and the owners' committee has the right to deal with it.

Real estate agency disputes mainly include the following situations:

1. Disputes arising from the payment of intent money;

2. Disputes arising from jumping intermediaries;

3. Disputes arising from the invalidity or termination of the contract;

4. Disputes caused by not fully understanding the housing situation;

5. Disputes arising from untrue information provided by intermediaries;

6. Disputes caused by eating the price difference.

Legal basis: Article 25 of the Measures for the Administration of Real Estate Brokerage stipulates that real estate brokerage institutions and real estate agents shall not engage in the following acts:

1) Fabricating and disseminating information on price increases, or colluding with real estate development and business units to cover up and sell houses, speculating on house numbers, and manipulating the market;

2) Concealing the true housing transaction information from the parties to the transaction, and selling (renting) the house at a low price to earn the price difference;

3) Using concealment, fraud, coercion, bribery, or other improper means to solicit business, induce consumers into trading, or coerce transactions;

4) Divulging or improperly using the client's personal information or commercial secrets to seek improper benefits;

5) Facilitating the signing of contracts with different transaction prices for the same house for illegal purposes such as the parties to the transaction to avoid taxes and fees on housing transactions;

6) Changing the internal structure of the house and dividing it for rent;

7) Embezzlement or misappropriation of funds for real estate transactions;

8) Purchasing or leasing houses for which they provide brokerage services;

9) To provide brokerage services for affordable housing that does not meet the conditions for trading and houses that are prohibited from trading;

10) Other conduct prohibited by laws and regulations.