7 flat houses rise 440000 in two days
4hw.com.cn: I believe that most second-hand houses will find an intermediary, because the intermediary holds a lot of houses, but there are skills to find an intermediary. If the consequences of a black intermediary are unimaginable, Mr. Wang has met a black intermediary recently, and the price of the house he bought has risen 440000 in two days. What's the matter? Let's have a look.
Is it reliable to find an agent to buy a house
According to the report, the owner of a 7-square-meter small house that Mr. Wang was interested in originally sold for only 860000 yuan, but Mr. Wang was offered a price of 1.3 million yuan by the intermediary. The time when Mr. Wang signed the contract with the owner was only two days after the intermediary signed the house with the owner, that is to say, the 7-level House Rose 440000 yuan in two days.
In response, a reporter recently learned from the second civil court of the second intermediate people's Court of Shanghai that, in response to the above-mentioned cases, the court of second instance upheld the first trial decision and asked the real estate agent to return the house price difference of Mr. Wang, the buyer, totaling 363974 yuan. It is understood that on August 30, 2016, Mr. Wang and the housing intermediary MAOQUN company signed the Shanghai public rental right transfer deposit contract agreement, which stipulates that Mr. Wang will purchase the rental right of a set of two-story Pavilion house located on Chongqing North Road in Shanghai with a net payment of 1.3 million yuan.
Intermediaries raise house prices to earn the difference
But this kind of house has no formal property right and belongs to the nature of public house, so it can only carry out the sale of the leasehold. After the contract was signed, Mr. Wang paid 1.25 million yuan for the house according to the contract. Later, the intermediary party asked Mr. Wang and Ms. Wang, the lessee of the house, to sit down face to face and sign the transfer contract of the lease right of Shanghai public housing. After meeting with Ms. Wang, the transferor, Mr. Wang found that the actual transfer price agreed in the contract was only 860000 yuan.
It is 440000 yuan cheaper than the transfer price of 1.3 million yuan in the deposit contract signed by Mr. Wang. Therefore, Mr. Wang, who couldn't accept the 70000 yuan rise in the house for two days, appealed to the court and asked the intermediary to refund the difference of 390000 yuan among the 1.25 million yuan paid. Mr. Wang said he was willing to pay 2% of the original purchase price as an intermediary fee of 26000 yuan, as well as a transaction fee of 26 yuan.
However, according to the intermediary, a staff member of his own side had purchased the rental right of the disputed house from Ms. Wang by paying a deposit of 50000 yuan on August 28, two days before signing the deposit contract with Mr. Wang. The agreed price was 860000 yuan. Therefore, the intermediary believes that in this process, the intermediary company is no longer an intermediary service provider, but directly a 'seller'.
Peng Cheng, President of the second civil court of the second intermediate people's Court of Shanghai, said that this is a typical case of a back-to-back transaction of an intermediary to earn a huge difference in price. The typical feature of this case is that in practice, many small intermediary companies have the behavior of "eating the difference in price". Knowing that there are buyers interested in the house, they can also accept the high price, they first put the house on their own Pay down the deposit & lsquo; eat & rsquo; and resell it at a high price. '
Peng Cheng told reporters that in fact, there are few cases of "intermediary price difference" that have been fought all the way to the intermediate people's court. On the one hand, some large-scale intermediaries with professional legal affairs will directly transfer the ownership of the real estate at the beginning, and then sell the real estate. In this case, it is difficult for consumers to safeguard their rights; on the other hand, many consumers do not pay attention to the above details when signing contracts, and have no awareness of safeguarding their rights.
'many people buy houses at their own psychological price, and the price of the houses is bullish later, so they don't think about lawsuits anymore. "Peng Cheng said. Zhang maoran, assistant judge of the second civil court of the second intermediate people's Court of Shanghai, reminded the public that when buying second-hand houses through intermediary companies, it is necessary for the buyer and the seller to 'meet and trade'.
When signing the intermediary contract, both parties must be present and require the obligee to sign. If the obligee himself fails to act on the spot, he shall issue a power of attorney in accordance with the law and regulations. In addition, Zhang finally suggested that consumers, in the process of buying and selling second-hand houses, especially those looking for houses through intermediaries, should develop the habit of recording and recording as much as possible in order to meet the needs of safeguarding rights in the future, from watching houses, negotiating to signing contracts.