What Factors Affect a Real Estate Broker's Commission?

Real estate brokerage contract disputes are disputes over the rights and obligations of real estate brokerage contracts. They are mainly disputes arising from the invalidity and inability to perform house sales contracts, disputes arising from disputes over the processing of intention or deposits, and payment of intermediary service fees. And calculations.

Real estate agency contract disputes

Right!

Real estate brokerage contract disputes are disputes over the rights and obligations of real estate brokerage contracts. They are mainly disputes arising from the invalidity and inability to perform house sales contracts, disputes arising from disputes over the processing of intention or deposits, and payment of intermediary service fees. And calculations.

Chinese name

Real estate agency contract disputes

Definition

Disputes arising from payments and calculations, etc.

Factor

Rights in real estate agency contracts

Classification

real estate

There are two main categories of real estate agency contract corrections: ^[1]

In recent years, with the rapid increase in the supply of real estate goods, real estate disputes have gradually increased, many of which are caused by inappropriate advertisements by real estate brokers, disorderly promises by sales staff, chaotic sales procedures, illegal sales, and low quality real estate products. of. Therefore, real estate brokerage agencies should introduce intermediaries in accordance with the law and strengthen the concept and operating mechanism of the brokerage, which can not only safeguard the reputation of real estate brokerage agencies and the interests of real estate consumers, but also enable the real estate market to develop healthily. ^[2]

Real estate agency disputes are the social costs of running the real estate agency industry. A large number of real estate brokerage disputes will not only reduce the overall welfare of the society, but also affect the operating efficiency and development prospects of the real estate brokerage industry itself. Therefore, effectively avoiding real estate brokerage disputes is an important content of real estate brokerage industry management. Although the only way to avoid real estate brokerage disputes is to improve the professional ethics of real estate brokers and strengthen the self-management of real estate brokerage agencies, avoiding real estate brokerage disputes through the guidance and supervision of industry management departments is also an important method that cannot be ignored. . ^[2]

At present, the competent authorities of the Chinese real estate brokerage industry can mainly avoid real estate brokerage disputes through the following means.

1. Develop model contract text

The real estate brokerage industry currently has the above-mentioned various disputes, first of all because the brokers and clients lack the necessary legal and regulatory awareness; second, some brokers and clients have not mastered the rules for entering into and performing contracts is also an important influencing factor; Third, brokers are affected by the business environment and bad trading practices. In their professional activities, they intentionally or unintentionally fail to comply with contract rules, or even seek economic benefits. Bad business practices are important factors that cannot be ignored. In order to maintain the legal rights of contract parties and reduce contract disputes, in addition to urging real estate agents to strengthen self-discipline in professional activities and abide by contract rules, governments or industry organizations should develop model contract texts that conform to contract rules and promote them. Model contract texts can play multiple roles.

It does not interfere with the normal operation of brokering activities, and can demonstrate legal contract rules through open channels to encourage and urge contract parties to consciously grasp their rights and obligations.

The promotion of the model contract text will help the parties to the contract to change their bad trading habits and unconsciously violate regulations, laws, and breach of contract through comparison.

The promotion of model contract texts can protect the vulnerable groups in society and avoid being harmed by malicious acts that violate contract rules.

The text of the model contract is also an effective means of publicity by government management agencies and industry organizations to protect consumer interests, industry image, and government policy orientation.

2. Develop service standards. Clarify service requirements and content

The service standards of the real estate brokerage industry are the basis for the code of conduct for real estate agents to provide labor services to their clients, the basis for the real estate agents to show their honesty and credit, and the contractual obligations that real estate agents should perform.

3 Strengthen the supervision and management of format contracts for real estate brokerage companies

At present, a large proportion of self-made contract texts are used in the real estate brokerage industry. Moreover, in order to facilitate reuse, many brokerage agencies make such contracts into a fixed format contract text. Some local government real estate administrative departments require real estate brokerage agencies to submit this fixed-format brokerage contract to the real estate administrative department for review. This is a kind of supervision and management of the contract.