Skipping orders for provincial housing agency fees. Homebuyer sentenced to paying partial agency fees
2024-04-16
Mr. Zeng, the landlord, entrusted a certain real estate company to sell the house. After Mr. Li, who had the intention to purchase the house, saw and negotiated with the agent, Mr. Li found that the agency fee was too expensive and found another real estate agent to complete the transaction with Mr. Zeng. A certain real estate company believes that Mr. Li's behavior is a clear act of skipping orders, which has damaged the legitimate rights and interests of the company, so it has filed a lawsuit in court. Today, the People's Court of Chaoyang District, Beijing, in the first instance, determined that a real estate company had established a factual intermediary contract relationship with Mr. Li. Mr. Li's behavior was an act of skipping orders. Taking into account the process of negotiation between the two parties, it was legally ruled that Mr. Li paid an intermediary fee of 20000 yuan to a certain real estate company, and other litigation claims of the company were dismissed. In April 2019, Mr. Zeng, the owner, signed a "House Sale Authorization Letter" with a certain real estate company, entrusting the company to sell Mr. Zeng's house. In July 2021, an intermediary staff member of a real estate company recommended a house to Mr. Li, who was interested in buying a house, and actively facilitated negotiations between the two parties on the signing conditions. The intermediary staff had multiple communications with Mr. Li's mother, Ms. Yang, regarding the specific content of the house payment method and the drafting of the house purchase and sale contract. The intention contract shows a total house price of 12.86 million yuan, and the intermediary charges a 2% intermediary service fee for the house price. Mr. Li stated that the commission of 257200 yuan is high and requested a reduction in commission, but a certain real estate company did not agree. Afterwards, Ms. Yang learned that a certain real estate brokerage company also had properties involved in the case with lower fees. In August 2021, Mr. Li and Mr. Zeng signed a "House Purchase and Sale Deposit Contract" and receipt after receiving intermediary services from a certain real estate brokerage company. Mr. Zeng received a deposit of 1 million yuan for the purchase of the house. Three days later, Mr. Li and Mr. Zeng respectively signed an intermediary agreement and an intermediary confirmation letter with a certain real estate brokerage company regarding the involved property, confirming that the brokerage company had provided intermediary services. The intermediary service fee was 1% of the house price, and Mr. Li paid an intermediary fee of 120000 yuan. At the same time, Mr. Li and Mr. Zeng signed the "Beijing Stock Housing Sales Contract" and "Supplementary Agreement" on the involved property, with a total house payment of 12.88 million yuan. In November 2021, the house was transferred to Mr. Li's name. A certain real estate company believes that Mr. Li and Mr. Zeng bypassed their company and directly entered into a property purchase and sale contract, and completed the transfer procedures for the property, which is considered a jump order behavior. A certain real estate company, in order to protect its legitimate rights and interests, sued Mr. Li and a third party, Mr. Zeng, to the Chaoyang Court on the grounds of an intermediary contract dispute, requesting the court to order Mr. Li to pay an intermediary service fee of 257200 yuan and interest. Mr. Li stated that he had contacted multiple real estate agents before buying a house, and a staff member from a certain real estate company showed him the house. However, the agent fee he raised was too expensive, so he chose another agent to sign the contract. He believed that there was no contractual relationship between him and a certain real estate company, and he did not have any private contact with Mr. Zeng, so he did not need to pay any real estate agency fees. Mr. Zeng, the original homeowner, stated that the property was publicly available and not exclusively represented by a certain real estate company. The real estate company and Mr. Li also did not sign a written contract. The transaction failed due to the high intermediary fees of a certain real estate company. After trial, the court held that although a certain real estate company did not sign a written intermediary contract with Mr. Li, according to a certain real estate company
Edit：GuoGuo Responsible editor：FangZhiYou
Source：gmw.cn
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