Starting with the black intermediary routine of real estate: tenants should beware of low-priced scams

"Personal direct rent, no agency fee", "Master bedroom direct rent, 2000 yuan, no other fees" ... When browsing rental information on the Internet, many people were attracted by these advertisements. But the black intermediary that may be hidden behind it may bring endless troubles to your rental road.

According to the forecast of the Ministry of Education, there will be more than 8 million college graduates nationwide this year. With the arrival of the graduation season, the rental market has also entered a peak period. Some real estate black agents aim at this opportunity and treat graduates as lambs to be slaughtered.

"Most black intermediaries will publish attractive rental information, deliberately create defaults to obtain illegal benefits, or harass tenants to force them to move out." Recently, Beijing No.3 Intermediate People's Court started the real estate black intermediary routine to remind graduates not to fall into the trap. In this regard, the "Legal Daily" reporter interviewed.

Be forced to pay extra fees

Indiscriminate extortion

Zhang graduated from college this year. After seeing the listing information released by Liu and others on the Internet, he immediately contacted the other party to see the house. Because she felt that the house was not bad, she quickly signed a contract with Liu's intermediary company, stipulating that the rent would be 3,700 yuan per month, one for three, plus 730 yuan for health care.

According to Zhang, the intermediary said that there is no need to pay any fees in the future, as long as the rent is paid on schedule. But two months later, the intermediary said that it was necessary to pay 3,300 yuan for heating. She raised an objection. The agent said that he was busy at the time and forgot to mention it.

In fact, in Beijing, most of the property fees and heating fees are converted into rent, and tenants do not need to pay extra. Therefore, Zhang did not pay the money, and the intermediary called to harass every day. Finally, Zhang reluctantly paid 3300 yuan for heating, plus 500 yuan handling fee.

Unexpectedly, after two months, the intermediary asked Zhang to pay the access card fee 100 yuan. After Zhang paid, the other party claimed that being three days late constituted a breach of contract, and it was necessary to pay two months' rent as liquidated damages, totaling 7,400 yuan. If you don't pay, you will have to move out at once. Zhang did not move, and Liu and others called around the clock, not only threatening words, but also sending people to ring the doorbell.

Zhang couldn't bear it anymore and chose to withdraw the rent. Liu and others promised to return the remaining rent to Zhang's bank card within 3 working days, but Liu and others lost contact.

As of the time of the incident, 25 victims, including Zhang, have been forced to collect or deduct "liquidated damages" totaling 300,000 yuan. After trial by the court, seven people, including Liu, were convicted of extortion and were sentenced to fixed-term imprisonment ranging from 6 months to 7 years in 1 year.

Compared with the rental market, the black intermediary profit-making means of the housing market is even worse.

In a case tried by Beijing No.3 Intermediate People's Court, after establishing a housing agency, Yang joined Zhang and Li to engage in the sale and lease of second-hand houses in a residential area in Beijing. In the meantime, Yang monopolized the sale and lease of second-hand houses in the community by threatening salesmen of other intermediary companies.

Yang threatened other company intermediaries who did not enter the community, from verbal threats to punching and kicking. According to the seller Jiang, when the intermediary staff of other companies received him, they directly said that if they want to buy and sell houses in this community, they must give the money to the black intermediary, otherwise they will be disturbed.

In fact, for the owners of the community who refused to cooperate, Yang did stop the transfer and lease of the house by soft and violent means such as blocking the keyhole, splashing water into the house and splashing paint. According to the victim's report, the court verified that the evil gang blackmailed 1 1 victim * * * more than 440,000 yuan in the above way. In the end, Yang committed extortion and was sentenced to fixed-term imprisonment of 1 1 year for 6 months, and fined 300,000 yuan.

The judge of Beijing No.3 Intermediate People's Court told reporters that most black intermediaries will force homeowners to buy or sell houses through them or pay them fees by controlling the housing market in a certain area, otherwise they will prevent the transfer of houses through various means; Or induce the tenant to sign the House Lease Contract at a price slightly lower than the market price, and then force the tenant to pay all kinds of symbolic fees after paying the rent as agreed, or deliberately create a breach of contract and demand the so-called liquidated damages.

Reportedly, most black intermediaries are informal housing intermediary companies or so-called "second landlords". The company involved is either not registered in the industrial and commercial bureau, or although it is registered in the industrial and commercial bureau, it does not operate in the registered place. After being cheated, the parties often can't find this intermediary company through the company registration place.

The "second landlord" involved in the case generally has experience in real estate agency and understands the rental market. In order to attract tenants, they often give great concessions in terms of rent and agency fees, so as to attract tenants to sign contracts as bait, so as to carry out extortion in the future. As a group crime, criminals mostly commit crimes in groups and cooperate with each other in the process of committing crimes.

There are many tricks for black intermediaries to deceive people.

Tenants beware of falling into the trap.

Who was hacked the most? According to statistics, in the past five years, 85% of the criminal cases of black intermediary concluded within the jurisdiction of Beijing No.3 Intermediate People's Court were young people aged between 23 and 30, mostly fresh graduates or foreigners who came to Beijing to find jobs.

According to the judge's analysis, the main reason for being cheated is that college graduates have just left school and entered the society, are eager to graduate and find jobs, do not have enough time to carefully screen intermediary companies, have less social experience and do not know much about the rental market. Young people from other places looking for jobs in Beijing hope to find more intermediaries with lower quotations in the face of higher rental prices in Beijing. Black intermediaries have figured out this kind of psychology, often using low prices as bait, waiting for the victim to take the bait. Because of strangers, victims often choose to submit to humiliation under threat, which also encourages the arrogance of black intermediaries.

The Beijing No.3 Intermediate People's Court found through combing relevant cases that the extortion of black intermediaries has formed a relatively fixed routine: first, they will publish rental information through the Internet platform according to the habit of young people who like to find houses online, and carefully make photos to make the houses more attractive.

Secondly, after the tenant calls, the intermediary will urge the tenant to see the house as soon as possible and lure the tenant with "recent offers". Tenants ask if there are any other expenses besides the rent, and often promise that there will be no other expenses. In addition, it will claim that it is a regular company that has been operating for many years, or let tenants put down their guard by pulling relationships and making friends.

After signing the contract successfully, the black intermediary will do everything possible to create a tenant's breach of contract and ask for illegal benefits. For example, after tenants move in, they will be asked to pay more than the agreed fees, or demand liquidated damages under various excuses such as tenants disturbing the people. If he doesn't pay, he will threaten the tenant to be driven out of the house and the deposit will not be refunded.

Finally, when most tenants realize the illegal attempt of the black intermediary and raise objections, the black intermediary will harass and pressure the tenants by knocking at the door in the middle of the night and blocking the keyhole. Or make a false promise that you can withdraw the rent but need the company's approval, and ask the tenant to move out first and wait for the refund. After the tenant moves out, he will pull WeChat directly and refuse to answer the phone.

Regarding the current chaos in the housing market, Beijing No.3 Intermediate People's Court suggested that the Internet information platform should strengthen internal management, improve customer service, strengthen the verification of the authenticity of uploaded housing information through various mechanisms and means, and "blacken" and ban intermediary companies and personnel complained of dishonest business practices, and assume the responsibility of the information platform. Those suspected of violating the law and committing crimes should be fixed in time and submitted to the public security organs.

In addition, it is suggested that the departments of industry and commerce and housing construction strengthen law enforcement in the field of housing intermediary, effectively supervise, promptly punish and rectify intermediary violations, order them to withdraw from the market when necessary, and transfer relevant criminal clues to judicial organs.

The judge reminded that renters should raise their awareness of prevention, understand the relevant routines of black intermediaries, and beware of falling into the trap. When looking for rental information, you should go through a formal housing agency, don't trust the rental information posted on the Internet, try to consult the office of the housing agency, handle the rental business, and verify the identity of the agency. In addition, it is also necessary to check whether the intermediary agency is filed on the official website and the relevant government, and whether it is included in the business exception list.

Before renting a house, you should know the rental price of the house in the relevant area. When screening rental information online, don't believe in advertisements with obvious low rent prices, and be alert to the behavior of unscrupulous people to befriend and pull relationships. When signing a contract, you should carefully read the contents of the contract, especially the rent price and various expenses involved, the liability for breach of contract, the terms of subletting and abandoning rent, etc. If, after signing the lease contract, the illegal personnel demand the fees beyond the promised price by means of violence or threats, they should report to the police in time.