The house did not buy the charges for the intermediary fees liquidated damages

The house did not buy, no deposit, but also intermediary charges and liquidated damages. Baiyun District, Mr. Hu called himself "bad luck": He was not clear the original owner of the situation of marital status, to the intermediary under the purchase of second-hand housing, the results can not be loans to buy houses, but also the intermediary claims liquidated damages. Yesterday, Yangcheng Evening News reporter to Guangzhou housing Transaction Registration Center and the city of Chinese banks and other places to understand that Mr Hu compensation is legitimate. Sale of the house without the owner's wife agreed August 26, by a place in Guangzhou, a production company introduced, Mr. Hu Fancy Baiyun District Yellow Garden Two Street a set of houses. Through the relevant documents, confirmed that the property owner of the house and Mr. Hu met Mr Chen (alias) and Ms. Zhu (alias), after the tripartite consultation, the same day in the house signed the "Stock Room sale contract" and "service charges confirmation", agreed to the form of loan purchase. "I can't think they're not married!" Why didn't the agency tell me when he signed the contract? "On the second day after paying a deposit of 60,000 yuan, Mr Hu was told by an intermediary:" The legal wife of Mr. Chen's hukou is not Ms. Zhu. He was surprised, at the same time learned that the purchase of second-hand Housing Provident Fund loans, must have the original owners of the marriage relationship of the original, and both husband and wife to the scene signed agreed to transfer the house. September 3, the three parties made an appointment. Mr Hu's worry has become a reality: As the owner of Mr. Chen made it clear that he could not provide the consent of the legal wife to sell the house, there is no notary commission, the spouse can not be signed at the scene. Mr Hu is therefore unable to deal with the mortgage, the purchase behavior can not continue. "The three parties verbally agreed to terminate the execution of the contract, the three parties are not responsible for". More than 4 o'clock in the afternoon that day, the three sides together to the East Yellowstone Agricultural Bank of the 60,000 yuan deposit refund. "I received a letter of arbitration," Mr. Hu said. Unexpectedly on October 16, received a paper notice of arbitration, the relevant real estate intermediary required him to pay 15,000 yuan intermediary fees and related liquidated damages. November 28, Guangzhou Arbitral Commission decided that, according to the real estate registration search, the property rights are clear, can be normal transactions, intermediary companies to perform the provision of housing real estate ownership information obligations, according to the "Stock room sale contract" and "confirmation" of the agreement, intermediary companies have contributed to the establishment of housing sales contract has fulfilled the contractual obligation as an intermediary, thus supporting the mediation Company's request for arbitration. Reporter Consultation Guangzhou housing Transaction Registration Center, to understand the property rights transaction registration in general, only the owner of the ownership certificate on the scene can be, the ownership of the person outside the scene. However, three Chinese banks told reporters: "When dealing with mortgages, the owner's spouse needs to sign on site or issue an authorization statement." "Banks have made this request to avoid subsequent disputes. "Why do I have to pay the intermediary fee" "Obviously the house did not buy, why I want to pay the intermediary fee?" The intermediary did not introduce to me Mr. Chen's marriage situation, is not responsible? Mr Hu said he had collected information to apply to the municipal institutions for rescission of the ruling and complained to the city housing Trading Supervision Center about the agency's behavior. December 19, reporter came to a real estate headquarters, company law"The arbitration award proves that we have fulfilled our contractual obligations with Mr. Hu and charged 15,000 of the intermediary fee to the law," said Ms Du. "Should the intermediary inform the owner of the marital status before the sale contract is signed?" Ms. DU explained that the intermediary provides a role in facilitating the sale of housing to both parties. They have provided a true title to the search, and the investigation of the marital status of the owner is not within the scope of the contract. In addition, as there is no evidence that the three parties have agreed to "not be responsible for each other", "if Mr Hu thinks that the sale contract is suspected of default, he can be held accountable to the landlord." The contractual rights and obligations between us are very clear, is to facilitate the establishment of the contract of sale, we have fulfilled, and therefore have the right to ask him to pay intermediary fees. "said Ms Du. The lawyer said before signing the contract to look carefully at the law firm's lawyers to remind buyers, if the intermediary in the terms of the contract only from the owners and buyers to reach the purchase contract, the buyer and intermediary service contract is effective, the operation has not violated the legal provisions, it should be said that intermediary companies have fulfilled the intermediary's contractual obligations. "Be sure to keep an eye on the contract before signing it," he said. To see clearly the terms of the two sides of the scope of rights and obligations, the early examination of various supporting documents, such as cases involving the marriage certificate and Consent to transfer of the book, preferably in the contract to make clear provisions to avoid unnecessary losses. ”