Second hand housing transactions can be investigated for intermediary responsibility
4hw.com.cn: the transaction process of second-hand houses is more complex than that of new houses. If you are careless, there may be one or another problems. Generally, second-hand housing transactions are completed through intermediaries. Then, in the process of second-hand housing transactions, what circumstances can be investigated for the responsibility of intermediaries? Let's have a look.
Situation I. deliberately concealing the disadvantages of the house
It is an important obligation of the housing agency to show the house to the buyer. However, under special circumstances such as the seller can not be contacted or the lessee does not show the house, the agency often leads the buyer to see other similar houses as alternatives. At this time, the buyer and the seller may have disputes over the decoration, use and surrounding environment of the house, affecting the smooth performance of the contract. In addition, in order to facilitate the transaction, some intermediaries conceal the adverse conditions of the houses for sale, such as the unqualified drinking water quality of the second-hand houses and the temporary water and electricity, which makes the contract impossible to perform, the buyer and the seller can investigate their responsibilities.
Situation II. Inadequate review
To a certain extent, the intermediary has the obligation to review the real obligee of the house, including verifying whether the registration obligee and the seller are the same person, inquiring about the marital status of the obligee, requiring the co owner to make a commitment to agree to sell, etc. However, if some intermediaries fail to fulfill their obligation to review the ownership of the house, resulting in obstacles or inability to perform the sales contract in the process of performance, the buyer and the seller can investigate their responsibilities.
Situation III. failure to fulfill the obligation of reminding and informing
Most of the second-hand housing sales contracts are format texts, with only the price amount, payment time and method, liability for breach of contract and other main contents. In addition, there are many details that need to be determined by the buyer and the seller through negotiation. At this time, the intermediary is obliged to remind and inform. Some intermediaries or brokers are inexperienced and fail to fulfill the obligation of prompt on relevant matters, resulting in insufficient negotiation between the two parties, or the agreement reached orally by the two parties is not included in the contract, and the transaction is not completed, the buyer and the seller can investigate their responsibilities.
Situation IV. there is no hint of the transaction risk of special second-hand houses
In addition to ordinary commercial housing, the law has provisions on the transaction of special houses such as affordable housing, central maternity housing, military maternity housing, small property right housing and rural housing. If some intermediary companies fail to conduct strict review or act knowingly, resulting in losses to the buyer and the seller, the buyer and the seller can investigate their responsibilities.
Situation v. signing of yin yang contract
In order to attract buyers and sellers with lower taxes and create online signed contracts with lower total price, some intermediaries encourage buyers and sellers to sign yin-yang contracts, which has caused huge losses to the national tax. Once they are held accountable, both buyers and sellers can investigate the intermediary responsibility.
Vi. fictional social security
In the second-hand housing transaction, a few intermediaries issue false social security certificates for people who do not have the qualification to buy houses, which not only violates the legal provisions, but also makes the contract signed by the buyer and the seller may be confirmed as invalid by the court. Therefore, the buyer and the seller can also investigate the intermediary responsibility.
Buyers must pay more attention to the above six situations. In the process of buying a house, try not to let these situations happen. Once these problems occur, buyers must investigate the responsibilities of intermediaries and safeguard their own interests.