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I handed in 5000 yuan
This contractleads to a lot of trouble .Sun Jiande photography , relationresultYang Fengchun wasa real estate newspaper sellers, Zhang Linlin saw to buy a house ,but contact is conduit company .
Ten days ago ,the conduit company developed the contract, two people signed and sealed, which know for transactions mortgage loans stop ,at this time,burberry soldes, Zhang Linlin has given a total of 9000 yuan deposit and part of the commission .
Yang Fengchun wants to terminate the contract ,the conduit company would like to request all commissions ,Zhang Linlin wants to back out of the money .Three party stalemate ,this contract caused a difficult triangle debt dispute .
The reporter conducted an investigation on the matter ,found a lot of problems .relationresultThree partycontract , relationresultYang Fengchun introducedhis housing ,in the South Gate District happiness Street No.
30 ,covers an area of 79.5 square meters .Due to years of residence, Yang Fengchun has always wanted to change a house ,not long ago ,he was in the newspaper hit advertising ,. Soon ,a group calling itself the Changchun City Investment Company Limited people to give me a phone call, saying that they are real estate intermediary ,want to buy a house to house with a man .
, relationresultOn the same day,in the conduit company under the leadership of Zhang Linlin come to see the house ,buy a house . After reading, Zhang Linlin was satisfied ,he offered to leave 440000 yuan to purchase ,but bank loans through mortgage ,the house property certificate ,but the certificate of land use is a collective ,I did not know that because this can not handle loan .
Yang Fengchun says .Later, Zhang Linlin told him to pay 5000 yuan deposit ,piumini moncler,and agreed to sign a formal contract in two days .relationresultOn April 12th,Yang Fengchun ,Zhang Linlin as Party A ,B and C ,as the Changchun City of new investment limited company signed a Changchun City Investment Company Limited housing contracts of sale of the agreement .
The contract agreed by the three parties are compulsory ,Yang Fengchun is responsible for preparing the mortgage information needed ,Zhang Linlin is responsible for the payment of $8000 commission to intermediaries ,Changchun City Investment Company Limited to Zhang Linlin for bank loans ,and to assist in its mortgage processing procedures ,the expenses shall be borne by Party B .
relationresultZhang Linlin gave conduit company $4000 commissions, the remaining 4000 yuan that on the afternoon of the same day pay off ,did not think of the found problems . Yang Fengchun says .
relationresultAre requested to compensatethe Commission , relationresultThe problem is,the conduit company told Yang Fengchun and Zhang Linlin ,the real estate is the result of collective land use permit ,in accordance with the provisions do not apply for a bank loan ,burberry.
That is to say ,the previously signed housing contracts of sale ,moncler,has been unable to perform .relationresultIntermediary person says, although not through bank loans, but can go Guarantee Corporation guarantee in the form of loans ,however ,need to pay 10000 yuan deposit .
Also said that the 10000 yuan three share ,I handed in 5000 yuan ,Zhang Linlin pay 3000 yuan intermediary ,pay 2000 yuan .But Zhang Linlin did not agree with ,I think this is nothing wrong ,because the contract did not mention this item .
Yang Fengchun says .relationresultThus,housing trading halt, Yang Fengchun wants to terminate the contract ,then contact Zhang Linlin . he said in addition to return 5000 yuan deposit ,but also claims he has been paid to the conduit company commission .
Sell a house I didn received ,but to pay ,which is the reason ? Yang Fengchun says ,air jordan.relationresultParty B shallthink sellers breach , relationresultZhang Linlinwhy is there such a requirement ?In an interview with reporters ,he said ,now conduit company was asked for his remaining didn $4000 Commission ,he was never made ,but before the Commission out of 4000 yuan ,after the reminder ,conduit company has never to return ,he thinks he should not bear the loss .
relationresultZhangLinlin says ,buy a house before he clearly illustrate the need to handle the mortgage payment ,but the seller because of the real documents held by the causes of mortgage is not successful ,sellers should belong to default .
relationresultContract in eleventh States ,Party A shall guarantee of the enjoyment of housing ownership ,complete control or disposition ,otherwise Party A shall have the responsibility of compensation .
Zhang Linlin says .relationresultAnd hesaid ,the conduit company in investigation clearly let we sign the contract to earn a commission fee ,also bears some responsibility .relationresultThe partybelieves in intermediary liability , relationresultIn this regard,the owner Yang Fengchun have different views .
I was the first to sell a house ,where is the set of procedures for mortgage loans ,but at the time I put the property right certificate to intermediary ,really have to ask ,collective land uses card loans have no barriers ,they said no problem ,I see they so sure ,can say what .
, relationresultYang Fengchundid not consider himself the breach . This thing ,I think Zhang Linlin should go to intermediary ,the obvious thing ,I did not earn money ,he didn house ,intermediary has earned a commission .
This money, why should I ?No house transaction success ,can represent the conduit company service end ? , relationresultIf thecontract signed .relationresultWhynot return the conduit company has charged 4000 yuan fee ?Day 26 morning ,reporters and Changchun City Investment Company Limited a manager to contact Qin Yanjun .
relationresultReporter: if the transaction is not completed ,why collect commissions? You provide intermediary services ,as to what the service is completed, the Commission should be in service after they can charge .
, relationresultQinManager : after the signing of the contract even if the service ended, we do this business ,as long as both parties have signed the contract, they should receive a commission .
Otherwise ,customers were private agreement ,to terminate the contract ,that I am not the white in the middle for them to communicate . , relationresultReporter: the contract, and the buyer is aware of your house collective land use certificate ? , relationresultQinManager : we are only responsible for the trading relationship ,all is the responsibility of both parties before signed the contract ,owners own what evidence ,he know in your heart .
, relationresultReporter: prior to signing the contract ,the conduit company does not need to investigate and verify the real situation of the house ?relationresultQinManager : we want to know is this transaction is legal ,is legal .
You make me survey? Don deceive each other on the line ,the real double certificate certificate ,they understand each other on the line,franklin marshall, we whether these things . , relationresultReporter: the contract expressly can mortgage contract ,piumini moncler,now appeared problem ,intermediary is it right? There is also a part of responsibility ? , relationresultQinManager : the contract is our draft ,but they both agreed .
Now the house can not mortgage ,that is a responsibility . ,moncler, relationresultCommissioncharge unreasonable , relationresultBythree party ,who breach ,dig out the money should undertake by who? The 27 day ,the reporter interviewed Jilin Hengfeng lawyer Li Mingshan ,he thought that in this ,issue two ,the first conduit company in the transaction ,the cases will charge a commission .
Second ,the real party a if the property has a complete ownership .relationresultHe introduced,three party signed a contract with the contract nature ,on the basis of contract law of the relevant provisions : do not facilitate the sale of contract for commission .
In addition , real estate broker management approach also stipulates that : the real estate brokerage agencies did not complete the real estate brokerage service contract agreement ,or service does not reach the real estate brokerage services standards stipulated in the contract ,shall not charge commission .
That is to say ,the intermediary should be in complete intermediary mission, to collect the agreed commission . Generally speaking ,is that you get things done ,in order to get service fee ,air jordan pas cher.
He said .relationresultHomeownershave no liability for breach of contract , relationresultIn addition,on the property of complete ownership of problems, Lee lawyer thinks ,with respect to this contract, the housing full ownership ,the sellers have ,because of its own housing all the warrants ,can be sold the house to others ,and to transfer the name .
Not mortgage loan sale ,does not represent the real house without the right of disposal .In addition ,the estate did not intentionally conceals the house is collective land uses card ,so he has no liability for breach of contract .
relationresultThe conduit company shallreturn to the purchase of commissions ,and have no right to ask for a residual commission .Buyers and sellers take Commission requirements of a claim for damages ,is not legal support .
relationresultIn the presence ofKing clause in contract , relationresultTo read thecontract ,although listed many terms ,but on the conduit company does not involve the breach liability clause .
While the final clause in the contract ( thirteenth ) was written : for both parties to provide services based on C ,C has the right to Party A Party B or housing transaction volume 2% as commission ,so no matter on what reason ,Party A and Party B fails to perform the contract ,to compensate for the C commission .
, relationresultThe phrase no matter what the reason ,based on seems to dispense with the conduit company responsibility ,ensure the Commission inevitability .In the interview, buyers and sellers are challenged ,Li thought to underlie the contract law ,using the format in terms of the contract, the party supplying the standard terms should follow the principle of fairness ,determine the rights and obligations between the parties .
And provide the format in terms of a party is exempt from liability ,increases the liabilities of the other party ,excludes the rights of the other party ,the terms shall be null and void . terms clearly some fighter nature ,from a legal judgment ,no effect .
, relationresultIntermediaryto intervene ?relationresultWhen the real message I was in a real estate newspaper ,but I played the last time ,they told me is the intermediary ,they took me around ,I feel very strange .
In an interview with property buyers said Zhang Linlin .relationresultAndsell the house Yang Fengchun also expressed very obscure . I in the newspaper selling ads ,read newspapers ,the same page ,my real information appeared two times ,the description of the same house ,only to stay behind the phone number is not the same, one is my mobile phone number ,another would not know who ,now think about it, it is a conduit company, so Zhang Linlin will take a telephone call directly to them .
Yang Fengchun says .Today he still cannot solve this question :how the conduit company from their real information ?relationresultThink the intermediarycontract transactions can not be predicted , relationresultForthis question ,reporter trying to verify the conduit company ,but did not reply .
Now more and more to think is wrong ,I don want to pass intermediary sellers, such a figure ,suddenly came up with an intermediary ,do things in a mess .Without them, might not today the trouble .
Yang Fengchun said ,this matter, he is sincere to sell ,buy a house Zhang Linlin is sincere ,who do not want a pile of trouble . I think the conduit company to the intermediate money ,make us run round in circles ,they all get the housing intermediary business ,did not know my house can apply for bank loans ,they are only interested in order to earn commissions ,contributed to this fundamental trading deal contract ,relevant departments should be a pipe .
Yang Fengchun says .relationresultRelated linksrelationresultRecently,air jordan pa scher,Shanghai City Price Bureau and the city of Shanghai housing security and the Housing Authority issued the relevant regulations ,real estate intermediary in the provision of basic services ,dealing with formalities of property right transfer ,household relocation procedures ,can receive both the commission or fee .
Housing sales contracts signed only is the entire real estate transaction, a start ,there are a large number of intermediary services real estate intermediary content needs to be in the late stage to complete,abercrombie and fitch, if the final proof of real estate intermediary intermediary services exist defects ,both has the right to real estate intermediary to return part of the commission .
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