Beijing issues new regulations on the sale of second-hand houses： it can be negotiated who will pay the agency fee.

　　Last March was a big policy aimed at regulating the property market and stabilizing expectations, and this March was an intimate little detail involving market transactions. Following the release of the official version of the second-hand housing contract between buyers and sellers, the Beijing Municipal Commission of Housing and Urban-Rural Development issued three documents concerning housing agencies last night, aiming at regulating the second-hand housing market, clarifying for the first time the relationship between the sale of stock houses and the brokerage services, and clarifying the rights and obligations of real estate brokers and buyers and sellers.

　　All three documents will be implemented on April 15th. According to the contents of the document, the charging standard of second-hand housing intermediary service is determined by the entrusting party and the entrusted party through consultation based on the service content, service cost, service quality and market supply and demand; There is no clear requirement for who will pay the service fee, and it is also agreed by the parties to the transaction themselves.

　　The charging standard of agency fee shall be settled through negotiation.

　　In addition to the Notice on Strengthening the Administration of Filing and Publicity of Business Sites of Beijing Real Estate Brokerage Agencies, this time, the model texts of Beijing Stock House Sale Brokerage Service Contract and Beijing Stock House Purchase Brokerage Service Contract were also released.

　　"Sale contract" refers to the contract signed by the second-hand house seller and the housing agency, while "off-take contract" refers to the contract signed by the buyer and the housing agency. That is to say, starting from April 15th, buyers and sellers of second-hand houses in Beijing will sign contracts with intermediaries separately.

　　The reporter learned from a number of intermediaries that there have been practices in which intermediaries have signed contracts or agreements with buyers and sellers before. However, it is found that the official version is more comprehensive and standardized in content.

　　Especially on the issue of agency fees. Both the sale contract and the off-take contract are marked with a "service fee". Does this mean that there will be a new attempt to collect agency fees? Previously, an intermediary in Tianjin has tried to share the burden between buyers and sellers. Will Beijing follow up? How to determine the charging standard?

　　Judging from the current market trading habits, the brokerage service fee is mainly borne by the buyer. "There is no clear requirement for who will pay the brokerage service fee, which is agreed by the parties to the transaction." Li Wenjie, president of the Beijing Real Estate Agency Industry Association, explained that according to the Measures for the Administration of Real Estate Brokers, the same real estate brokerage business can only be charged according to one business, and no additional fees can be charged to the clients. Therefore, brokerage institutions sign sales and off-take contracts with clients respectively. No matter whether the brokerage service fees are paid by both parties or by one of them, brokerage institutions cannot increase the fees.

　　As for the charging standard, Li Wenjie said that the state and Beijing Municipality stipulate that the real estate brokerage service fee shall be subject to market-regulated price management, and the charging standard shall be determined by the entrusting party and the entrusted party through consultation according to the service content, service cost, service quality and market supply and demand. Therefore, in the model contract, there is no definite standard, but it is left to negotiation in the transaction.

　　Buyers and sellers also have to pay intermediary fees for "string orders"

　　What needs to be reminded to buyers and sellers is that even if no transaction is finally reached with the intermediary after entrustment, they may have to pay the corresponding intermediary fee, which is listed in the contract model through "liability for breach of contract".

　　For buyers, they have given up the right to entrust other intermediaries to buy a house at the same time (exclusively entrusted to an intermediary), but they bought a house through other intermediaries during the entrustment period; The buyer refuses to sign a transaction contract with the seller introduced by the entrusted intermediary, but makes a transaction with the seller within the agreed time after the expiration of the entrustment period; The buyer refuses to sign a contract with the seller introduced by the entrusted intermediary, but after the expiration of the entrusted period, he has to pay the intermediary fee to the entrusted intermediary in accordance with the contract.

　　For the seller, he has given up the right to entrust other intermediaries to sell the house (exclusively entrusted to an intermediary), but sold the house through other intermediaries during the entrustment period; Has given up the right to sell by itself, but sells the house by itself within the entrustment period; Has refused to sign a transaction contract with the buyer introduced by the entrusted intermediary, but has made a transaction with the buyer within the agreed time after the expiration of the entrusted period; We have refused to sign a transaction contract with the buyer introduced by the entrusting intermediary, but within the agreed time after the expiration of the entrustment period, we have made a transaction with the buyer through other intermediaries. If the entrusting intermediary has evidence to prove that there is a direct causal relationship between the transaction of the house and the brokerage service for the sale of the existing house, we need to pay the intermediary fee to the entrusting intermediary in accordance with the contract.

　　The contract can be terminated if it is infringed by false information.

　　According to the liabilities for breach of contract listed in the two contracts, if the intermediary entrusted by the buyer or the seller infringes on the interests of the buyer or the seller by concealing or fabricating information, the intermediary shall refund the collected real estate brokerage service fee and bear the liability for compensation according to law, and the buyer and the seller also have the right to unilaterally terminate the contract.

　　However, if the buyer or seller provides false housing information and materials, the intermediary also has the right to unilaterally terminate the contract.

　　In addition, the model contract also makes it clear that if the contract cannot be performed as agreed due to force majeure, the liability may be exempted in part or in whole according to the influence of force majeure, but the party that fails to perform the contract as agreed due to force majeure shall inform the other party in time.

　　The model text of the stock house sale and off-take brokerage service contract will be promoted and implemented together with the model text of the Stock House Sales Contract released in the early stage, and will be officially put into use from April 15, 2018.

　　The person in charge of the Municipal Commission of Housing and Urban-Rural Development previously introduced that since March last year, a total of 532 intermediaries operating in violation of regulations have been cancelled for the record, 351 intermediary stores operating in violation of regulations have been shut down, and 240 stores have shut down by themselves, which has formed a powerful shock to market violations.

　　"If last year was ‘ Law enforcement supervision year ’ , then this year will become ‘ Year of system construction ’ The service supervision of government departments on the real estate brokerage industry will continue to advance in the direction of deepening, refinement and long-term. " Yin Fei, dean of the School of Law of the Central University of Finance and Economics, said that the policy documents issued by the Municipal Housing Construction Committee and relevant departments this year have comprehensively strengthened the management of intermediaries by improving policies and regulations, strengthening institutional mechanisms, and guiding the use of contract model texts.