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When to pay the intermediary fee for second-hand housing

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When to pay the intermediary fee for second-hand housing


        

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  • 2024-06-17 18:00:48

    1. The intermediary fee should be paid when the house purchase contract is signed. At this time, the intermediary process has been completed and the intermediary fee should be charged. After online signing, it is appropriate to pay the balance of the house on the day of transfer. It will be more convenient and safer to pay the balance together with the intermediary fee.
    2. Generally, many intermediary companies require to pay the intermediary fee on the day of signing the contract. If you are not sure, you can pay part of the intermediary fee in advance. You can negotiate with the broker specifically. If you want to be safe, you can choose to wait for the intermediary to help you get the property certificate, land certificate and other certificates before paying the intermediary fee.
    3. It is suggested that when purchasing second-hand houses, buyers should first keep the voucher of intermediary fees to ensure that they can find necessary evidence when safeguarding their rights in the future. Secondly, the buyer should try to communicate with the headquarters or upper management of the housing intermediary company to negotiate and resolve the charge dispute.

    Legal basis

    Article 963 of the Civil Code Where an intermediary facilitates the formation of a contract, the client shall pay remuneration as agreed. Where the remuneration of an intermediary was not prescribed or clearly prescribed, and cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be reasonably determined in accordance with the intermediary's services. Where a contract is formed because the intermediary provides intermediary services for the conclusion of the contract, the parties to the contract shall equally bear the remuneration of the intermediary. Where an intermediary facilitates the formation of a contract, the intermediary shall bear the expenses for intermediary activities.
    Article 964 of the Civil Code Where an intermediary fails to facilitate the formation of a contract, it may not request payment of remuneration; However, it may request the client to pay the necessary expenses for intermediary activities in accordance with the agreement.
    Article 965 of the Civil Code Where a client, after accepting the services of an intermediary, uses the trading opportunities or media services provided by the intermediary to bypass the intermediary and directly conclude a contract, it shall pay remuneration to the intermediary.

    Legal basis

    Article 963 of the Civil Code of the People's Republic of China [Intermediary's Right to Claim Remuneration] If the intermediary facilitates the formation of the contract, the client shall pay remuneration as agreed. Where the remuneration of an intermediary was not prescribed or clearly prescribed, and cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be reasonably determined in accordance with the intermediary's services. Where a contract is formed because the intermediary provides intermediary services for the conclusion of the contract, the parties to the contract shall equally bear the remuneration of the intermediary.
    Where an intermediary facilitates the formation of a contract, the intermediary shall bear the expenses for intermediary activities.

    Article 964 of the Civil Code of the People's Republic of China [Intermediary's right to claim necessary expenses] If the intermediary fails to facilitate the formation of the contract, it may not request payment of remuneration; However, it may request the client to pay the necessary expenses for intermediary activities in accordance with the agreement.

    Article 965 of the Civil Code of the People's Republic of China [Consequences of the client entering into a contract privately with a third person] Where the client, after accepting the services of the intermediary, uses the trading opportunities or media services provided by the intermediary to bypass the intermediary and directly enter into a contract, it shall pay remuneration to the intermediary.

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