Recently, Mr. Li told this newspaper that he signed a contract with Meijia Intermediary Company to buy a second-hand house on May 18, 2020, and found that the house was leaking in a large area the day before the transfer. At that time, the deposit, agency fee and agency fee of 72,000 yuan had been paid to the intermediary, and the down payment of 305,000 yuan had also been credited to the fund supervision account. He asked to cancel the contract and refund the money. At present, the down payment has been unsealed and returned, and the agency fee, deposit and agency fee have been delayed.
buyer
The down payment has been refunded and other expenses have not been refunded.
Mr. Li said that on May 18 this year, he was optimistic about a house in Yingbin Community of Daoli District in Meijia Intermediary. At that time, we signed the Heilongjiang Real Estate Agency Service Contract with the seller in the agency company, with a construction area of 65,438+070.75 square meters and a total transaction price of 950,000 yuan. After signing the agreement, he paid 72,000 yuan of house purchase deposit, agency fee and agency fee, and paid a down payment of 305,000 yuan, which was deposited into the designated fund supervision account.
"Before the name change, my family and I came to the house again accompanied by the intermediary salesman, and found that the house was leaking in a large area, the roof and walls were wet, the floor was flooded, and the house smelled musty." ... the three salesmen of the intermediary also saw this situation at the scene. "Said Mr. Li's lover.
Mr. Li said, "At first, we didn't find the house leaking, and the decoration was new. Now the water leakage is serious, the decoration is damaged, and the interior is moldy, which is very different from the house we first saw. "
Mr. Li immediately asked to cancel the purchase contract and offered to refund the down payment, deposit, commission and agency fee. "After many negotiations, the 305,000 head payment of the supervision account was returned, and the seller also agreed to terminate the contract. However, the deposit of 72,000 yuan, agency fees and agency fees paid to the intermediary have not been refunded for more than half a year. " Mr. Li said.
intermediary
Refund of deposit and commission, etc. Need to negotiate.
/kloc-on the morning of 0/6, the reporter got in touch with Harbin Meijia Real Estate Agency Co., Ltd. ... Manager Sun, the person in charge, said, "I know this. At that time, we had cooperated with the buyer to unblock the payment of 305,000 heads of state in the fund supervision department. As for the deposit, commission and agency fee, because of disputes, we can't refund them for the time being, and we need to reach a consensus with the buyer and the seller before returning them. Besides, this house is the top floor. At that time, the buyer also expressed his understanding when signing the contract, and the seller promised to repair it to its original state after discovering the water leakage. Now the buyer disagrees and must terminate the contract. " Manager sun said: "if the owner has no objection, the deposit can be refunded;" Agency fees and agency fees can be negotiated. If the three parties fail to negotiate, it is suggested that the buyer take legal procedures to solve it. "
The reporter immediately got in touch with the owner, Ms. Wang. She said, "This house was sold by an American agent. 2065438+In May 2009, the intermediary signed a contract with me and gave me some money. The decoration is done by the intermediary. A year and a half passed, and the house was not sold. I also got a two-year package. "
Lawyer's statement
The intermediary shall not conceal the real situation of the house.
Zhong Xiaojun, deputy director lawyer of Heilongjiang Tongchang Law Firm, said that Article 425 of the Contract Law stipulates: "The broker shall truthfully report to the client the matters related to the conclusion of the contract. If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not demand payment and shall be liable for damages. " According to this regulation, if it can be proved that the broker knew about the water leakage and didn't inform the buyer, the buyer can ask for a refund of the agency fee and compensate for the loss. If it can be proved that the seller knew that the water leakage was serious and concealed relevant important facts, it can also claim that the seller should bear the liability for breach of contract.