Does the house sale agreement have to have an intermediary to take effect?

Housing sales agreement does not have to have an intermediary to take effect.

Legal analysis

The law does not stipulate that the sale of second-hand houses must go through an intermediary. The most common transaction of second-hand houses is through intermediaries. Of course, buyers can go through the relevant procedures without going through an intermediary, but this means that both parties to the transaction must have enough energy and time, because if the property is to be transferred and mortgaged, the follow-up procedures will be more complicated. If through the intermediary, the general process will be carried out through the intermediary, and buyers can follow the process. The house purchase and sale agreement will take effect as long as the buyer and the seller sign and press the handprint. The middleman is just a witness. If any witness can be a witness, if it is only a sales contract signed by two people, you need to go to the notary office for notarization. There is no need for an intermediary in the house sales contract, as long as there is an appropriate contract text, the responsibilities and obligations of both parties are clearly written and signed by both parties after confirmation. The sales contract of the real estate agent is also valid upon authorization. If the owner authorizes the broker to sign the contract, or the owner ratifies the contract afterwards without knowing it, the sales contract is deemed to be valid; If an intermediary signs a sales contract in its name without the authorization of the owner, the contract has no legal effect on the owner, and all consequences shall be borne by the intermediary who uses its name.

legal ground

People's Republic of China (PRC) Civil Code

Article 143 A civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 171 Where an actor has no agency, exceeds the agency or remains an agent after the agency is terminated, it shall not be effective to the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice. If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.