Friends who buy a house all know that there are housing agents, and some even accept the services of housing agents to buy a house. Of course, they have to pay a certain fee to accept the services of housing agents. When is the appropriate time to pay the specific second-hand housing agency fee? Let's have a look at the charging standards of real estate agents in 2019.
Legal interpretation of the charging standard of intermediary fee:
In order to regulate the market price behavior of housing business economic services and reduce the burden of housing business economic services, the Beijing Municipal Development and Reform Commission and the housing and Urban Rural Development Commission jointly issued the notice on reducing the charging standard of housing business brokerage services in this city (hereinafter referred to as the notice). According to the notice, half of the fees for brokerage services for residential sales shall be borne by the buyer and the seller respectively or determined by the buyer and the seller through negotiation; the fee standard for brokerage services for residential sales shall not exceed 2%.
Other services provided by the real estate brokerage agency (hereinafter referred to as the brokerage agency) shall be voluntarily selected by the parties concerned and explicitly agreed in the contract. Among them, the maximum charge for real estate registration service is not more than 500 yuan / case; the maximum charge for loan service is not more than 300 yuan / case; the maximum charge for housing check-in procedures is not more than 200 yuan / case; according to the requirements of the client, the market adjusted price for other services provided shall be negotiated between the client and the brokerage agency.
The "notice" also indicates that the charging standard can be lowered. A small number of particularly complex housing brokerage services can be appropriately raised on the basis of the prescribed charging standard after negotiation and consent of all parties to the transaction, and the maximum range of rise shall not exceed 10%. That is: the second-hand housing intermediary fee is 2% of the total transaction amount, and a few particularly complex ones can be raised to 2.2%.
Calculation items and collection of housing agency fee:
1. Consultation fee
It includes oral consultation and written consultation. The oral consultation fee is determined by both parties through negotiation. The written consultation fee is divided into ordinary consultation report, and the fee standard is 300-1000 yuan. The fee standard for more complicated consultation report shall not exceed 0.5% of the amount of consultation subject. However, it should be noted that the above fee guarantee is only a guiding reference price, and the actual transaction fee standard is determined by the client and the housing intermediary through negotiation.
What is the guiding reference price?
To put it bluntly, there is no compulsion. The State encourages and calls for fees to be charged according to or by reference to this price, but it is OK to exceed or below this price, and the government can't control it. Therefore, the above-mentioned standards of consultation fees are basically of little practical significance.
2. Real estate price assessment fees
The fees shall be collected according to the prescribed charging standards by the institutions with real estate appraisal qualification and confirmed by the real estate administrative department and the price department.
3. Real estate brokerage fees
The commission charged by a housing agent who is entrusted to act as an intermediary. This is the main source of housing agency income, and also the real meaning of the so-called "housing agency" of ordinary people. According to the different agency projects, the housing agency fee has different charging standards
(1) Housing rental agency fee
No matter how long the lease term is, it will be charged at one time according to the standard of transaction rent from half a month to one month. (there will be some adjustments)
(2) Intermediary fee for house sales
0.5-2.5% of the total transaction price. If the exclusive agency is implemented, the charging standard shall be negotiated between the client and the real estate agency, which can be appropriately increased, but the maximum shall not exceed 3% of the transaction price. Housing intermediary fee is usually collected from the client by the housing intermediary agency. In practice, in the case of renting a house, both the landlord and the tenant are charged intermediary fee. In the case of house sales, the buyer is usually charged intermediary fee, which is usually clearly written in the house sales contract or intermediary service agreement. Any housing intermediary who arbitrarily charges fees under his own name, arbitrarily raises the charging principles and standards, or ultra vires to formulate and adjust the charging standards, is an illegal act of price, and can be punished by the price inspection agency in accordance with relevant laws and regulations.
How to collect the intermediary fee in the actual transaction process?
Now the intermediary fee is generally charged at 2.7% of the total house price, including 2.2% of the intermediary fee and 0.5% of the guarantee service fee (guarantee fee). Small intermediary companies generally charge 1-1.5%, and sometimes they can't collect as much as they want, because what they collect is their own net income.
Although the competent authorities stipulate that a small number of particularly complex housing brokerage services can be appropriately increased on the basis of the prescribed charging standards with the agreement of all parties to the transaction, and the maximum increase shall not exceed 10%. However, in the actual operation, some intermediary companies regard all transactions as' particularly complex transactions', and some lenient ones regard the transactions with loans as complex transactions, charging an intermediary fee of 2.2%. The broker of intermediary company said: there is no clear regulation on what is complex transaction. All transactions of our company are charged intermediary fee according to complex transaction.
The intermediary company said that 2.7% of the economic service fee already includes real estate registration, housing check-in related procedures and other fees. Buyers only need to pay an additional 80 yuan of housing cost and 1500 yuan of provident fund loan guarantee collected by the company.
When is the second-hand housing agency fee appropriate?
The intermediary fee should be paid when you sign the house purchase contract. At this time, the intermediary process has been completed, and the intermediary fee should be charged. It's most appropriate to pay on the day of transfer after online signing, because the balance of the house should be paid on the day of transfer, and it will be more convenient and safer to pay together with the intermediary fee!
Under normal circumstances, many intermediary companies are required to pay the intermediary fee on the day of signing the contract. If they are not at ease, they can pay part of the fee in advance, and then pay another part when they transfer ownership. For details, they can negotiate with the broker.
If you are for the sake of insurance, you can choose to wait for the intermediary to help you get the real estate certificate, land certificate and other warrants, and then pay the intermediary fee.
How to ensure the security of the intermediary fee?
It is often used by some housing agency companies to set up loan or guarantee service subsidiary companies. When paying housing agency fees, buyers should pay attention not to hand over the money directly to the business personnel of these companies or intermediary companies, but to the financial department of housing agency companies or transfer it to the account number of housing agency companies through banks. At the same time, they should ask the housing agency companies to issue formal credit cards Invoice. If the buyers think that the fees charged by the intermediary company are unreasonable, they can be asked to explain where the overcharged house money comes from, whether there is a legal basis for doing so, and whether there are government documents to support it. If so, they can explain which department's regulations are, and consumers can also go to this department to collect evidence.
It is suggested that when buyers buy second-hand houses, they should first keep the voucher of intermediary fees to ensure that they can find the necessary evidence when safeguarding their rights in the future. Secondly, the buyers should try to communicate with the headquarters of the housing agency or the top management, and negotiate to solve the fee disputes. Thirdly, in the case of unsuccessful negotiation, buyers can report the situation to the national development and Reform Commission, the housing and Urban Rural Development Commission and the consumers' Association. If necessary, they can file a lawsuit to the people's court to safeguard their legitimate rights and interests in accordance with the law.