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Is the contract invalid if the intermediary does not file

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Is the contract invalid if the intermediary does not file


        

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  • 2024-06-19 03:00:58

    The contract signed by the housing intermediary company without going to the Housing Administration Bureau for filing is invalid. Whether the loss caused by invalidity is borne by the housing intermediary. Now the buyer claims that the brokerage contract is invalid on the ground that the housing intermediary is not registered and unqualified, and whether it is a breach of contract. If the intermediary refuses to compensate, whether the matter can only be solved through legal means, and whether the buyer is also held responsible when pursuing losses.
    According to the Provisions on the Administration of Urban Real Estate Intermediary Services, if a real estate intermediary commits one of the following acts, the real estate administrative department of the people's government of the municipality, city or county directly under the Central Government shall, together with relevant departments, punish the responsible person:
    1. Those who engage in real estate intermediary business without obtaining real estate intermediary qualification shall be ordered to stop the real estate intermediary business and may be fined between 10000 yuan and 30000 yuan;
    2. Those who forge, alter or transfer the Real Estate Appraiser Practicing Qualification Certificate, the Real Estate Appraiser Registration Certificate, the Real Estate Appraiser Post Qualification Certificate, and the Real Estate Broker Qualification Certificate shall withdraw the qualification certificate or announce the cancellation of the qualification certificate, and may be fined less than 10000 yuan;
    3. Solicit or accept remuneration or other property other than the commission contract, or take advantage of work to seek other illegitimate interests; Or allow others to engage in real estate intermediary business in their own name; Or conduct business in two or more intermediary service agencies at the same time; Or collude with one party to damage the interests of the other party, withdraw the qualification certificate or announce its invalidation, and may impose a fine of not less than 10000 yuan but not more than 30000 yuan;
    4. If it engages in real estate intermediary activities beyond its business scope, it shall be fined not less than 10000 yuan but not more than 30000 yuan;
    5. If the agent sells the commercial housing that does not meet the sales conditions, it shall be given a warning, ordered to stop the sale, and may be fined more than 20000 yuan but less than 30000 yuan.

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