Undertake through intermediary company secondhand house business, after fluctuation home clinchs a deal, enjoyed the service that intermediary company provides, must want to pay intermediary fee. No matter be to buy the home to still sell the home, after entrusting intermediary company to provide between two parties service, once signed between two parties contract, break a contact should compensate for penalty due to breach of contract. For instance, concluded a contract with intermediary company, fluctuation home jumps over intermediary proper motion to clinch a deal however, whether can you pay intermediary fee? For instance, fluctuation home among them one party break a contact brings about the business to fail to clinch a deal, whether did intermediary company offer a service to must collect intermediary fee? This period, we chose a few case, through sentencing case process specificly, ask Jing Anfa courtyard Judge Li Hongguang to make comment on, make you right this a series of secondhand the detail problem in house business, have clearer knowledge, let you be in henceforth secondhand in house business, know how to take legal weapon, safeguard oneself legitimate rights and interests.
Intermediary was not expended into intermediary " bring up "
Pull wires of company of house property intermediary builds the bridge, facilitate secondhand house business clinchs a deal, press cost of intermediary of rate collection brushstroke. But company of intermediary of a house property of Shanghai suggests one case secondhand on the room, next homes signed intent book to reach between two parties (sell) contract, break one's promise goes back on his word because of leaving the home after, bring about a contract to cannot honor the agreement, so whether is company of house property intermediary returned should is collection intermediary expended? Be about to sell a house on the company of intermediary of this house property that the home expends collection intermediary tells a court, the court adjudicates the intermediary cost of collection to answer " bring up " .
On June 2, 2004, hold the post of lady him general the one office building of the date of Macao Lu Mou of under one's name, entrust company of intermediary of Shanghai some house property to sell, both sides signed a power of attorney and between two parties contract. Classics intermediary company found the 3 people such as domestic plum gentleman to express to be willing to buy this house after. In be the same as a month 26 days, issued Mr Li to pay a lady 20 thousand yuan of deposit. Who knows, the autograph is made an appointment with the following day Mr Li goes back on his word not to wish to buy this house again, hold the post of a lady to think to fasten break a contact of Mr Li one party, do not grant 20 thousand yuan to return as penalty due to breach of contract still, among them as intermediary cost paid intermediary of this house property 10 thousand yuan the company. On June 30, held the post of a lady to draft receipt, the agent of company of house property intermediary signed on receipt. Later, below the situation that assumes a lady to be informed intermediary to just did not clinch a deal in buying and selling, cannot collection intermediary cost, ask namely or open bill or return a sum of money oneself. And company of house property intermediary says, 10 thousand yuan of place collection are retreated that day issue Mr Li formerly, regard intermediary as the company and did not get debt. On November 15, 2004, below the situation that assumes a lady to won't do in dun, sue a court to ask the court is sentenced make 10 thousand yuan remand.
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