Source: Dute
When buying a house, the agent paid the price difference of 2.5 million yuan? Recently, a real estate agency in Shenzhen was subject to self-disciplinary sanctions by the Shenzhen Real Estate Agency Association for violating the "commission transparency" requirements. At the same time, the Shenzhen Chamber of Commerce and Industry Association told The Paper that it is currently launching a special research project to collect opinions from all aspects of the judiciary, administration and industry, and formulate new targeted self-regulatory measures.
Recently, media reports pointed out that Ms. Xia, a home buyer in Shenzhen, purchased a property at the end of 2020, but then she suddenly learned that the offer given to her by the intermediary was higher than the listing price at the time. Therefore, home buyers questioned the intermediary's intention to drive up prices and earn the difference, and demanded that the intermediary company apologize and return commissions.
The buyer questioned the intermediary for being charged a price difference of 2.5 million yuan
On October 13, The Paper learned from a video posted on Ms. Xia’s personal short video social platform “ Douyin ” that she purchased a set of mobile phones in Shenzhen at the end of 2020. For the property, the contract price was 41.5 million yuan, and transaction taxes and commissions were additionally paid. However, it said that the seller actually received 39 million yuan, with a price difference of 2.5 million yuan. Ms. Xia appealed, "Everyone should not let the intermediary eat the price difference in future transactions of buying or selling a house."
Ms. Xia said on her personal social platform that she contacted Shenzhen Zhongyuan Sanxiang on December 8, 2020 through the Zhongyuan APP. The customer service manager of Haishang store expressed his plan to buy a house in , Nanshan District, . She inspected the house on December 9 of that year, and fell in love with the house at No. 1 Shenzhen Bay that day. Zhongyuan quoted a price of 50 million yuan. After bargaining, Ms. Xia finally signed an agreement with the seller on January 23, 2021, through Zhongyuan Intermediary. The contract was sold for 41.5 million yuan. On the same day, a second-hand house transaction intermediary agreement was signed at Shenzhen Zhongyuan Sanxiang Haishang Store, and the store manager Hong was responsible for filling in the supplementary terms of the contract.
Ms. Fund supervision was carried out, and the transfer application was submitted on February 5, 2021. A total commission of 332,000 yuan was paid to Zhongyuan on that day.
According to his introduction, on February 9, 2021, under the coordination of Zhongyuan, the handover procedures were completed. However, Ms. Xia said that after moving, a neighbor told her that the price of the house was too high. After asking the former owner, the former owner told her that the listing price of the house was 38 million yuan. In the end, the former owner actually received 39 million yuan and 2.5 million yuan. The fee is charged by the intermediary. For this reason, Ms. Xia questioned that the intermediaries not only took the intermediary fees, but also secretly took the price difference.
Subsequently, Ms. Xia believed that intermediary services should provide accurate consulting services and price assessments, but she suspected that there was a gap in information during the house purchase process, which resulted in financial losses. Therefore, she requested Centaline Real Estate to apologize and return the commission.
Zhongyuan denied that the price difference was charged by a third-party company.
The buyer must have paid 41.5 million yuan, but the seller said that he actually received 39 million yuan. So where did the remaining 2.5 million yuan go?
On October 13, the agency involved, Zhongyuan Real Estate Agency (Shenzhen) Co., Ltd., issued a statement saying that on October 10, " Southern Metropolis Daily " reported that "Shenzhen citizens questioned the price difference of 2.5 million yuan for a house purchased by an agent for more than 40 million yuan. "Relevant content, which mentioned that it involves the issue of price difference. After investigating to the best of its ability, Zhongyuan learned that the seller also signed a "Real Estate Sales Planning Service Contract" with "Shenzhen Shen'an Real Estate Agency Co., Ltd." in order to sell the house, and Shen'an Real Estate charged him 2.5 million yuan in service fees. Shen'an Real Estate Company itself has no relationship with Zhongyuan and has never had any business dealings with Zhongyuan.
Regarding what happened, Centaline Real Estate Agency (Shenzhen) Co., Ltd. stated that the seller (original owner) signed a "Second-hand House Entrustment Contract" with Centaline on September 13, 2020, and the entrusted listing price was 43 million yuan. Subsequently, the buyer, seller, and Zhongyuan signed the "Second-hand House Sales and Intermediary Service Contract" on January 23, 2021. The contract stipulated that the final transfer price of this property was 41.5 million yuan. In addition, the buyer of this transaction made a one-time payment, and the total transaction amount of 41.5 million yuan was collected directly by the seller.
Regarding the commission for house sales, Zhongyuan said that in this property transaction, based on the "Commission Commitment Letter" signed with the buyer, Zhongyuan charged a commission of 332,000 yuan from the buyer, and the seller did not pay any commission. As the intermediary agency for this transaction, Zhongyuan completed the transaction with due diligence, helped the seller receive the house sale payment of 41.5 million yuan in accordance with the transaction price agreed in the contract, and helped the buyer complete the real estate transfer procedures and successfully take over the house. After completing the transaction, Zhongyuan received intermediary services The fee is 332,000 yuan.
Relevant staff of Zhongyuan Real Estate Agency (Shenzhen) Co., Ltd. also told The Paper, "Zhongyuan does not suffer from price differences. The house amount in the contract between the three parties of the house buyer and seller is 41.5 million yuan, and the total transaction amount is collected directly by the seller. Zhongyuan Only the buyer’s intermediary service fee of 332,000 yuan was charged, and the 2.5 million price difference claimed by the buyer was charged by a third-party company, Shen’an Company.”
Industrial and commercial information shows that Shenzhen Shen’an Real Estate Agency Co., Ltd. was established on March 23, 2016. The legal representative is Zuo Qing, with a registered capital of 1 million yuan. Its business projects include real estate brokerage; real estate marketing planning; real estate information consulting; engaging in real estate development and operation on legally obtained land use rights; leasing of self-owned properties; economic information consulting (excluding Restricted items); property management, etc.
In response to Ms. Xia’s doubts, the relevant person in charge of Shenzhen Shen’an Real Estate Agency Co., Ltd. said in an interview with Southern Metropolis Daily that the company only charges fees for the house planning service and does not participate in the intermediary business and has nothing to do with the buyers. . "Before the house was sold, we provided value-added services to the house. We provided decoration, soft decoration, design, and promotion. This is the relationship between us and the owner. Although we have an intermediary business, we did not do so this time. Participate in the intermediary business transaction. "
However, Ms. Xia believed that throughout the entire transaction process, she was not aware of the existence of Shen'an Real Estate. She only inspected the house and signed the contract and completed the transaction process under the leadership of Zhongyuan. Why would there be another company? The agency makes a profit from the house payment.
A person familiar with the matter told The Paper, "Shen'an Company is similar to an underwriting company. The early owners (sellers) will generally inform the lowest sales price of the house, and the seller must be informed. However, the 2.5 million yuan is not a commission, and Shen'an Company has also conducted sales on the house. Decoration and other services”.
The Shenzhen Real Estate Agency Association has dealt with it before and is formulating new self-regulatory measures.
In response to the above incident, on October 13, Shenzhen Real Estate Agency Association stated that the association has dealt with it before. Due to the agreement signed between Shenzhen Company and the owner, The planning agency agreement and how to characterize the 2.5 million yuan paid by the owner to Shen'an Company are recent phenomena that require legal judgment. Therefore, the association has previously recommended that complainants protect their rights and interests through legal means as soon as possible.
’s previous processing results showed that after investigation by the Shenzhen Real Estate Agency Association, Shen’an Real Estate Agency Co., Ltd. violated the requirements of “commission transparency” and failed to clarify the commission charging standards during the guaranteed agency sales process, violating the “Shenzhen Real Estate Agency Industry Code of Practice” Article 26 of the Category C Bad Behavior List of Intermediary Agencies: For other bad behaviors that have been assessed as Category C bad behaviors by the Self-Discipline Professional Committee, the violations have been recorded on the star rating platform and copied to the relevant credit reporting agencies.
The Shenzhen Real Estate Agency Association stated that from a professional perspective, there are also intermediary business models specializing in planning agency business in foreign countries, but they must abide by corresponding norms and standards to protect the legitimate and legitimate interests of all parties to the transaction.
Therefore, the Shenzhen Chamber of Commerce and Industry Association stated that on the basis of the previous self-regulatory sanctions against Shenzhen Company in accordance with the existing self-regulatory rules, it is launching a special research project to solicit opinions from all aspects of the judiciary, administration and industry, and formulate new targeted measures. Self-discipline measures.
The Paper saw in the Shenzhen Real Estate Agency Association that previously, the Shenzhen Real Estate Association had issued the "Notice on the Implementation of "Commission Transparency" Requirements" on September 3, clarifying that real estate agencies providing intermediary services should provide services, The basis and standard of billing, the commissions payable by each party and the sharing of taxes and fees, etc., are clearly informed to both parties of the transaction. They are not allowed to "back-to-back", deliberately conceal and seek improper benefits, or collude with one party to harm the interests of the other party.
For those who violate the above notice and fail to apply the "Tax and Fee Trial Calculation and Intermediary Service Confirmation Form" and are verified by consumers, according to the "Shenzhen Real Estate Intermediary Industry Practice Standards", "arbitrary promises or intentional failure to honor promises after making them will damage the entrustment" "People's interests" are included in the bad behavior of the organization; the "back-to-back" method of concealing intermediary service charges or the failure to apply the "Tax and Fee Trial Calculation and Intermediary Service Confirmation Form" has caused significant direct losses to consumers, based on "fictitious facts" , concealing the truth or misleading or defrauding the relevant parties due to unprofessional services, causing significant direct losses to the parties" shall be included in the bad behavior of the institution, and a copy shall be sent to each credit reporting cooperation unit.
(Original title "A 40-million-dollar mansion was sold for a price difference of 2.5 million? Shenzhen Real Estate Association: New self-discipline measures are being formulated")
This article is from [Read Special] and represents only the author's opinion. The National Party Media Information Public Platform provides information release and dissemination services.
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