What should I do if I encounter a black intermediary or a housing intermediary with poor sense of responsibility?

Legal analysis: ask them to bear the legal obligations and responsibilities they should bear, and make clear their importance and the seriousness of breach of contract.

Legal responsibility of intermediary:

First, the responsibility to provide true information related to the conclusion of the contract.

The most important responsibility of the housing agency is to provide the real situation related to the conclusion of the contract. The services provided by real estate agents include consulting and intermediary services, and signing intermediary contracts. An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.

When providing intermediary services, a real estate agent shall disclose the following important facts to the client:

Ownership of the house;

Information on rights restrictions such as house mortgage and pawn;

Registration information such as advance notice registration and objection registration;

Basic information such as the names and ID numbers of the buyers and sellers.

Since the information provided by the broker is an important basis for the client to sign the contract, the broker shall truthfully report the relevant matters to the client. If a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which damages the interests of the client, he shall not ask the client to pay remuneration and shall be liable for damages.

Second, liability compensation when deliberately concealing important facts or providing false information.

If the intermediary intentionally conceals true information or intentionally provides false information, and introduces it to the buyer while knowing that the seller is not the owner himself or the legal agent, thus causing losses to the buyer, the intermediary shall be liable for compensation.

Third, the responsibility for not completing all the entrusted matters

If the intermediary agreement stipulates that the intermediary fee shall be paid at 1% of the transaction price, the services provided by the intermediary shall include the following contents:

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.

4. Determine the transaction intention and conclude a transaction 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.

5. Handling the transfer of property rights: agree on the time of data collection, report, confirmation and confirmation of the transfer procedures of both parties, collect taxes and fees payable on behalf of customers, and complete all transaction transfer, transfer and house occupancy procedures.

Legal basis: Measures for the Administration of Real Estate Agents

Article 16 If a real estate brokerage institution accepts the entrustment to provide real estate information, inspect houses on the spot and match similar real estate brokerage services, it shall sign a written real estate brokerage service contract with the client. A real estate brokerage service contract shall include the following contents: (1) the names (titles) and residences of both parties to the real estate brokerage service and the real estate brokers engaged in business; (2) Items, contents, requirements and completion standards of real estate brokerage services; (3) Service fees and payment methods; (four) the rights and obligations of both parties to the contract; (5) Liability for breach of contract and dispute settlement methods. The competent department of construction (real estate) or the real estate brokerage industry organization may formulate a model text of the real estate brokerage service contract for the parties to choose.

Seventeenth real estate brokerage institutions to provide loans, real estate registration and other services, should explain the service content, charging standards and other information to the client, after the consent of the client, a separate contract.