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Does the intermediary contract need to be stamped?
1. If the intermediary contract exists, it must be sealed. If it is not stamped, the intermediary contract will have no legal effect.
2. Legal provisions: Civil Code of People's Republic of China (PRC).
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 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Second,
What are the review obligations of the housing transaction intermediary?
1. The principal entrusts an intermediary to buy and sell houses, mostly because he is not familiar with relevant laws, policies and actual operations, and believes in the professionalism of the intermediary to ensure the smooth transaction. This understanding is based on the professional review conducted by intermediary agencies, mainly the strict review of the identity of the other party and the houses bought and sold. It is generally believed that the review obligation of intermediaries mainly includes four aspects:
First, the review of housing property rights. Including the owner of the house, the service life of the house, whether there are factors such as restricted sales center delivery room and affordable housing, and whether there are rights defects such as rights burden or seizure, mortgage and residence rights.
The second is the review of the current situation of housing use, including the actual residents and tenants of the house, the decoration of the house, and the payment of water, electricity, property service fees and heating fees.
Third, the parties entrust the qualification examination. When signing the contract, whether the agent entrusted by the property owner or the buyer has legal agency authority.
Fourth, the qualification examination of buyers. In the context of the current regulatory policies restricting the purchase of houses, only those who meet certain conditions such as household registration, tax payment and the number of existing houses are eligible to purchase houses. The qualification of buyers has become an important factor in the actual performance of housing sales contracts.
2. The absence of the above-mentioned review obligation of intermediary institutions will lead to disputes over intermediary contracts, and the performance of the review obligation will directly affect the performance of intermediary contract obligations and the determination of intermediary remuneration.
The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws and regulations of our country, the intermediary contract must be sealed. If it is not stamped, the intermediary contract will have no legal effect. An intermediary contract is a middleman who helps the client and gets paid. If you need legal help, readers are welcome to seek legal advice.
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