Is it illegal to jump through intermediary orders?

It is forbidden to skip orders in intermediary contracts. The "jump order" in the housing sales agency contract refers to the behavior that the buyer uses the housing information provided by the intermediary company, but skips the intermediary company to buy the house, so that the intermediary company cannot get the commission it deserves. First of all, the basis of prohibiting "jumping orders" is the right of the intermediary to get remuneration in the intermediary contract.

I. Types of housing agency fees

1, the first is the agency fee. Both parties to the real estate transaction need to pay the real estate transaction service fee completed by the intermediary to the intermediary.

2, followed by the loan guarantee fee. In real estate transactions, the house payment involves mortgage loans. After the loan is repaid, the intermediary can provide guarantee to serve it.

3. There is also a loan service fee. The expenses in this respect are related to the real estate loan handled by the intermediary, but the intermediary cannot handle the relevant formalities in person.

4. Then there is the check-in procedure of the house. The intermediary only helps to communicate with the property to go through the check-in procedures, not the house inspection, which is also handled by the owners themselves.

5. Later, there were various expenses of agency. Although the intermediary can handle all kinds of things in the process of real estate transaction, things like notarization sometimes need to be handled in person.

Second, the services provided by real estate agents.

1. Ownership investigation: investigate the consulting source, current situation, mortgage, rights restriction, etc. from the real estate trading center. , and make written records; The requirements and conditions of punishment involving the obligee in investigation and consultation; Verify the disposition qualification, identity and rights of the obligee and relevant personnel.

2. Usage survey: collect, investigate and inquire about the location environment, service life, whether there are hidden dangers of defects, whether the roof, wall, floor, doors, windows and equipment in the house need to be tested or repaired, the transfer price of equipment, and the settlement of related expenses. Inquire from the property management unit whether there is leasing, illegal construction, infringement of adjacent relations, payment and use of maintenance funds, etc.

3. Market research: collecting, investigating and consulting the market comparison of buying and selling prices, tax and fee settlement, room type comparison, psychological price comparison between buyers and sellers, and the influence of relevant policy changes; Carry out various forms of information dissemination activities.

3. Determine the trading intention and conclude a trading contract: accompany both parties to inspect the house, equipment and environment on the spot; Agree on the negotiation time and communicate the trading intentions of buyers and sellers; Show and identify ownership information, and determine the identity of the parties. Select the contract text for both parties to the transaction, guide and witness the signing of the contract, and truthfully inform both parties of the agreed terms and precautions of the sales contract, the way of performance, the way of paying the house payment, etc.

4. Handling the transfer of property rights: agree on the data collection, reporting, confirmation and confirmation time of the transfer procedures of both parties, collect the taxes payable by the clients on behalf of them, and complete all the transaction transfer, transfer and house occupancy procedures.

Third, the establishment process of real estate intermediaries

1. To set up a real estate intermediary service agency, it shall apply to the local administrative department for industry and commerce for registration of establishment and obtain a business license before starting business.

2. The real estate intermediary service institution shall, within one month after receiving the business license, go to the real estate management department of the people's government at or above the county level where the registration authority is located for the record.

3. Institutions engaged in real estate appraisal business across provinces, autonomous regions and municipalities directly under the Central Government shall go to the construction administrative department of the people's government of the province or autonomous region or the real estate administrative department of the people's government of the municipality directly under the Central Government for the record.

Legal basis:

People's Republic of China (PRC) Civil Code

Article nine hundred and sixty-five

After accepting the services of the broker, the principal shall pay remuneration to the broker if he uses the trading opportunities or media services provided by the broker to bypass the broker and directly conclude a contract.