Art of War ten second-hand housing transactions (b) - Intermediary articles - Tianjin Real Estate lawyer _ B-focus of the early ...

 Hot real estate market in recent years, led the rise of an industry - real estate industry has been developing rapidly. According to statistics, about 80% of second-hand housing transactions are reached through an intermediary company. So, buy a house process, the agency exactly what kind of role play? through an intermediary company to buy a house can not sit back and relax? What are the risks buyers through an intermediary? Here detailed analysis of these issues with it. <> a, real estate The role of intermediaries <> Let us look at real estate companies to explore the role. According to the Ministry of Construction promulgated the assessment, real estate brokers and other activities in general. One, real estate consulting, real estate activity refers to the parties to provide laws and regulations, policy, information, technology and other aspects of service operations; real estate appraisal, real estate is carried out measure, assess its economic value and the price of business activities; real estate brokers, is to provide real estate information for the client and the intermediary agency business operations. In general, real estate company's role is to provide real estate consulting, price evaluation and brokerage services. intermediary for the client to provide real estate information and intermediary services, such as contract law should be consistent with our laws. <> Second, the risk exists <> not to buy a house through an intermediary company can be everything is all right during my lawyers can often encounter the parties entrust the dispute to come to consult you buy a case. <> take a case in Tianjin in June .2008, with five parties respectively by the same high-profile agency home buyers. in agency staff with the assistance of each of the delivered to the seller advances ranging from 3-7 million. In fact, these buyers to buy the same a seller of houses, and these property rights is not in the hands of the seller, the seller property certificate held totally fake. Soon after the incident, the police naturally buyers, homeowners will naturally go off to eat free lunch. helplessness , buyers had no choice but to find you claim, but even if the final go litigation, such cases are generally only pay part of the court agency, but not all payments as compensation. <> In addition, the property market in the period when prices rise , real estate industry, the business is often better, in general, like the relative credibility; However, when property prices were flat or down into the channel, the same as the stock market, when the inevitable decline in housing turnover, brokerage commissions can be earned by the company will inevitably decrease. At this time, we should pay particular attention to prevention of the occurrence of the risk from the agency. <>, for example, in November 2007 the People's Daily reported, Real Estate Appraisal Co., Ltd. overnight collapse, the president shall have escaped playing tens of millions of customers disappeared. The reason why such a serious issue because the current intermediary companies involved in housing transactions often require buyers to first models into their designated account (although this does not meet the legal requirements). until the housing authority after finishing the transfer of property rights registration procedures, the agency will be paying back the principal payments to the seller. Therefore, buy a house in the intermediary company account will stay for some time. In this case, real estate agent in second-hand housing transactions can take advantage of income, payment of the time difference, misappropriation of client's first payment, and bank loans. opened more stores, the more paying back the principal charge, you can move Teng the greater the space, the intermediary company certainly never bored. <> Third, the choice of intermediary companies <> select relatively well-known real estate agents help improve the security of transactions. Note that only a relatively ah, nor is it a certain security, such as the previously mentioned two cases occurred in the well-known intermediary companies. At present, we generally choose to buy a house when you help with, here is not to say you should not choose, but if you accidentally selected a sesame-based agency, then the problem of the late party head may be carried out even bigger. <> so it should be possible, the relatively select those high-profile, brand excellent real estate agents. This is inside the benefits are clear There are two points, one is big business processed agency is still comparatively norms, attitudes of staff; Another advantage is that once a dispute, claim at least a door, and the bigger the company, the more adequate protection of assets, in order to maintain credibility also easier to reach a mutual agreement by the results. <> So, in the end how to choose you do? major should consider three areas, as follows: <> First, examine the legality of the intermediary company. <> should look intermediary company for a business license, whether proof of qualification to obtain real estate agencies, and whether a business license and pay license fees whether they are marked price. If the front of these certificates is not complete, it is not engaged in the leasing, sale, etc. intermediary services. And, intermediary companies engaged in real estate brokerage business, the company should have a certain number of required real estate broker. the general provisions of provinces and cities, an intermediary company shall not be less than three or four real estate agents; < ;> followed to determine the strength of the intermediary company. <> This is a flexible standard, and you can view the company's registered capital, the scale of the office environment to make a preliminary assessment, the staff can also reflect the company style management level, the strength of the behavior of agency workers fairly standard. Meanwhile, there are more formal agency has its own website, you can see above a basic introduction to the company. In addition, the Internet can also be found on the agency evaluation, should be relatively easy to search, with Google, Baidu search results will be good. Another point to remind you, should note the difference Guide and stores. using wholly owned stores tend to operate relatively strong strength of intermediary companies, improve the internal management system, relatively speaking, safeguards for clients to large; use franchise to operate as an intermediary company although it may be more well known brands, but its own management system, general relatively weak, for the higher risk customers, of course, if management is to achieve the level of McDonald's as it should be no problem. <> the last is to understand the agency specific business processes. <> In addition to general to go through the showings, to pay the deposit, contract, loan, transfer, delivery home inspection and other steps, understand the buyers also ask whether they Jiaofang Kuan account through an intermediary company, is a formal invoice, whether the agreement signed between the intermediary such as the Industrial and Commercial Bureau of the record on specific issues. Do not worry about agency impatient , the customer is their god, the natural answer in detail. not to mention the attitude of intermediary companies now are very bright, are suspected of empathy from the customer point of view. <> If you do not figure out a problem with a rude awakening may too late. As mentioned in the previous case, some companies will use an intermediary to back the principal customer turnover, or even close ��� leave. As a former industry hundred of the transit home has provided us with valuable experience , that is not paying back the company's account through an intermediary, and, not so much that you store close to closing the business would not say that. and then play about the imagination, we can not believe that you will not own the single-store business and willing to take the world of condemnation. you know, like this year the state of the market downturn, some small stores intermediary agents a month are not necessarily buying and selling homes into a business, can not sit maintained, who eventually will not run away can not say. <> Fourth, you signed a contract note <> Once you have selected the appropriate agency, the next buyers and intermediaries will enter into a real estate brokerage contract. At present, many cities announced an intermediary model contract, such as Beijing, Shanghai, Tianjin, Wuhan and other cities were all introduced the generally are more perfect, for both rights and obligations provided comparatively clear, help to reduce the performance of the contract disputes and protection of the legitimate parties to the sale of housing rights. most of the model text of intermediary services, real estate conditions, real estate price, other price, duration of intermediary services, intermediary services rendered, the parties obligations, breach of contract, dispute resolution and so were more fully explained and agreed, this can prevent the agency set a number of inequality, or even a trap-like terms. such as If the obligation for the agency agreement is not clear, late in the event of disputes the claim will be ill-founded. <> For buyers, the signing of the contract you agreed to pay special attention to the following: <> 1, the accuracy of information guarantee. <> China's not require payment of remuneration and shall be liable for damages. information, the credit status of the parties, ownership of housing conditions, a variety of policy changes in real estate transactions, real estate agent should be factual, with the right attitude to house buyers and sellers report, to ensure true and reliable information provided, especially is to ensure the quality of housing, with or without collateral, whether by the person living there agreed to sell or the accuracy of such information. <> 2, a clear obligation time <> obligation to fulfill the time should be clear. For example, the intermediary contract, the buyer during the payment process with the combination of transfer of property rights more appropriate. the contract should be clear to a one-time payment in full, or to take out a mortgage loan; payment frequency, time point; if for mortgage brokers How the company's obligation to assist; for the time transfer of property rights, and so on. <> 3, liability for breach of contract. <> sign you best to liability for breach of contract agreement clearly detailed. For example, the transaction is unsuccessful Intermediary fees are to be returned, how much the refund expressly agreed. If you do not agree, then the provisions of contract law should apply, namely, shall not require payment of remuneration. can not be replied. Obviously, this is the case for the buyers agent fee will no doubt generate losses. <> Meanwhile, in breach of contract and also the authenticity of the information mentioned above, the guarantee obligation to hang hooks, violation of the foregoing obligations of the agency's responsibility to make a clear agreement. <> 4, delete the negative terms. Sometimes, the agency will be issued by the agency contract provides that: . facilitate transactions received from the intermediary remuneration, to make such said that if the agency provided that such contract agreement, it is best to delete and prevent unnecessary trouble.