Quanzhou city a citizen defendant owed 35 thousand yuan intermediary fees, the court sentenced…

2022-08-04 0 By

Sell a house of 1.62 million yuan, intermediary should collect 35 thousand yuan intermediary fee, A xue (alias) think fraudulent behavior, refuse to pay, therefore be sued to the court by intermediary.Recently, quanzhou Fengze District People’s Court ruled in the first instance that the intermediary charged more than the standard fee, and there were defects in the performance of the contract, so it ordered the landlord to pay only 30,000 yuan.Case: landlord refused to pay the intermediary fee was sued by a snow house in quanzhou city.On April 4, 2021, through the intermediary, A snow and the buyer CAI signed a “real estate sales contract”, agreed to house to 1.62 million yuan sold to CAI.On the same day, the intermediary and a snow signed the “intermediary service contract” and a snow signed the “intermediary agent fee to pay commitment” (the seller) agreed, the intermediary agent fee is 35,000 yuan, the cost should be signed in the “real estate sales contract” on the day of payment.After the event, the property has been transferred to the name of the buyer, but Ah Xue refused to pay the brokerage fee for various reasons.On May 25 last year, the intermediary sent a lawyer’s letter to urge A Xue to fulfill the payment without success.So, the intermediary will Sue snow to fengze District people’s Court, asking it to pay 35,000 yuan intermediary fees.Defendant: intermediary fraudulent behavior and exceed standard charge for intermediary’s speech, Ah Xue has another view.In the bargaining phase before signing the contract, She said, she told the broker that she would only pay a fee of 1 per cent of the sale price.The broker took advantage of the information asymmetry between the buyer and the seller, falsely claiming that the buyer refused to pay the intermediary fee, and that Ah Xue had to pay the bilateral intermediary fee, so that the transaction could be concluded.Under the guidance of false information provided by the intermediary, she wanted to sell the house as soon as possible under her own economic pressure, and had to sign relevant contracts against her true intentions.The behavior of the intermediary to earn price difference in disguise violates the relevant prohibitive provisions of the Real Estate Brokerage Administration Measures and the principle of integrity and fairness. Therefore, the letter of commitment and intermediary service contract signed by both parties shall be invalid.In addition, in order to conceal the fact that the buyer has paid the intermediary fee, the intermediary provides yin-yang contract, and the content of the intermediary service contract of the three parties is inconsistent.Snow believes that the intermediary through fraudulent means to induce the signing of intermediary service fees more than the store price standard contract, in violation of the “real estate brokerage management measures” and other relevant provisions.In addition, brokers early to let her unlock the house property certificate, to her economic losses, if the need to pay intermediary agency fees, the loss should be deducted.After the trial, the court found that the buyer CAI promised to pay the intermediary fee of 17,010 yuan, AH Xue promised to pay the intermediary fee of 35,000 yuan.According to the agreement of both parties, the Letter of Commitment for Payment of Intermediary Agency Fees (Seller) should be given to Ah Xue, but in fact only one copy is signed and held by the intermediary.The court further found that the charge standard published by the intermediary in the store shows that the buyer’s commission is 1.5% of the contract transaction price, and the seller’s commission is 2% of the contract transaction price.According to the wechat chat records provided by AH Xue, the intermediary staff said on May 10 that year that they could make an appointment to be released.Later, the staff sent a message on wechat, “I am really responsible for the release of the charge. If I break the contract, I should share the penalty. I am really sorry.”The certificate provided by A Xue shows that she borrowed 630,000 yuan from others to repay the bank loan of real estate mortgage.The court believed that in the case, Ah Xue on the “intermediary service contract” “intermediary agency fee payment commitment (seller)” signed the true does not object.As a person with full capacity for civil conduct, Ah Xue should be aware of the possible legal consequences of signing the relevant agreement, and the contents contained in the agreement should be carefully examined when signing the agreement.Although A Xue claims intermediary fraud, but failed to provide evidence to prove, should bear adverse consequences.The court held that, according to the relevant provisions of the Measures for the Administration of Real Estate Brokers and the Notice of the National Development and Reform Commission and the Ministry of Housing and Urban-Rural Development on the liberalization of real estate consulting fees and the decentralization of the management of real estate brokerage fees, real estate intermediary services are not allowed to charge any unspecified fees.In this case, the charge standard published by the intermediary in the store clearly stated that the seller’s commission was 2% of the contract transaction price, but the intermediary failed to reasonably explain the reason why the charge for the intermediary service for the real estate transaction in this case exceeded the declared charge standard.The charging behavior of the intermediary exceeds the standard of publicity violates the relevant provisions, and also violates the principle of honesty and credit.In addition, the “Intermediary agency Fee Payment Commitment (seller)” stated in duplicate, but in fact only one copy was received by the intermediary, which is not in accordance with common sense. Therefore, the court does not support the intermediary’s claim for the intermediary fees that exceed the published standards.Snow claims that intermediary contract performance is flawed.According to the wechat chat records of the intermediary staff, they believe that there is some responsibility in the process of house release.Because of the real estate unmortgaged and real estate transfer interval time extension, will cause a certain loss of Snow, intermediary fees should be appropriately deducted.Because the real estate transaction has been completed, the purpose of the housing sales contract has been basically realized. Considering the performance of the contract’s defects, we decide that AH Xue should pay the intermediary agency fee of 30,000 yuan.Accordingly, the court of first instance judgment a Snow to pay 30 thousand yuan intermediary fees.After the first trial, Snow filed an appeal, a few days ago, the second trial court has upheld the original verdict.Source: Quanzhou Evening News reporter: Huang Dunliang Correspondent: Lian Boying editor: Chen Tian Man Review: Jiang Xiaoyuan