Buying a $50 million mansion without paying a $1 million broker fee?Zhang Jie Xie na “jump single door” fermentation, the broker said will be prosecuted
This article source: Times Weekly author: Xin Qiqi Zhang Jie Xie Na “jump single door” continued fermentation.On February 7, a real estate agent (hereinafter referred to as “Mr. H”) with the pseudonym “H” posted on the official wechat account that Zhang Jie and Xie Na had visited Room 101, No. 7, East Garden of Sinan Residence, under his guidance from June 21 to 22, 2019.Since then, Zhang Jie and his wife said they did not like the house, the purchase of the matter was not solved.In 2020, Mr. H discovered that Xie Na and her mother had purchased the house he had shown before in the name of Chongqing Meiyiyixiao Culture Media Co., LTD.At the same time, Mr. H questioned that in order to avoid large brokerage fees, the other party contacted the landlord privately to buy the house, and he was “skipped”.On February 8, Xie na zhang Jie’s lawyer issued a statement, saying that Mr. H fabricated facts, “jump orders”, “threats” and other false information has been suspected of slander, while his stealth-taking and Posting of personal privacy and other actions violated the legitimate rights and interests of the parties.On February 9, Mr. H told the media that he was ready to Sue the owner and the buyer, Zhang Jie, Xie Na and Xie Na’s mother.Time Weekly contacted Mr. H for further information on the transaction, but no reply was received as of press time.(Sinan Residence in the wind and rain, dongyuan Times weekly reporter photo) “jump single” doubt: the landlord intermediary was the associated company?”Jump order”, commonly known as “jump intermediary”, refers to the behavior of one or both parties to avoid or reduce the obligation of paying intermediary fees in accordance with the agreement, skip the intermediary and secretly sign the sale contract.Define whether Zhang Jie couple “jump single”, the key lies in the transaction channel.The sale was made through an intermediary broker named Shanghai Yongye Real Estate Sales Co., LTD., the International Finance Daily said, citing people familiar with the matter.Shanghai Yongye Real estate Sales Co., Ltd. was established on April 30, 1997, 100% controlled by Shanghai Yongye Enterprise (Group) Co., LTD., the main business scope is real estate business, real estate brokerage, real estate consulting services, beverage shops, etc.On February 8, Mr. H pointed out in a live broadcast that Shanghai Sihe Asset Management Center, the main shareholder of the house the couple bought, is Shanghai Yongye Enterprise (Group) Co. LTD.Mr. H said that he clearly remembered that the landlord, Shanghai Sihe Asset Management Center, had asked Xie na to register, and Xie Na did so as required by the landlord.The personage inside course of study thinks, if this house source by Shanghai yongye house sale limited company clincha deal, zhang Jie couple directly and landlord side carry on the transaction, suspected of “jump single”, there is no other intermediary company for them to fight for lower price or better service of the situation.Whether the landlord signs an exclusive agency agreement with the intermediary is another key point of “jumping orders”.Shanghai Meigu law firm lawyer Xiang Fangliang in The Times weekly reporter said that at present, due to the real estate market is not active, housing prices did not rise too fast, the owners will generally be listed in a number of agencies, hoping to get more housing display opportunities, do not want to sign an exclusive agency agreement with individual agencies.”The owner in this case is a state-owned enterprise and usually does not sign exclusive agency agreements.Therefore, if the owners are listed in multiple stores at the same time, it is not ruled out that Zhang Jie and Xie Na saw the same house through other intermediary stores.”Fang Liang said, if Zhang Jie, Xie Na is not the use of the original intermediary to provide trading opportunities, media services, it is difficult to constitute a “jump”, the intermediary to recover the probability of the intermediary fee.Xiang Fangliang pointed out that if Zhang Jie and Xie Na paid a very low intermediary fee to the new agency, the new agency did not contact this house before, but the owners and buyers of the initiative to come to the door.If these cases are found out by the courts and lawyers, the owners and buyers have to pay a certain intermediary fee to the original agent.Time Weekly reporter found that the real estate of Room 101, No. 7, East Garden of Sinan Residence has been signed online on December 14, 2019, with a price of 59.2 million yuan.According to the market practice, the buyer 1%, the seller 1% to calculate the brokerage fee, the total involved brokerage fee is 1,182 million yuan.For a long time, due to the high transaction cost and long transaction cycle, the “jump” disputes in the real estate business are frequent.The buyer thinks can choose intermediary freely, and take see intermediary thinks to pay labor to get no return, many “jump single door” evolve into “rashengmen”.Shanghai Centaline real estate market analyst Lu Wenxi said in an interview with times weekly that “jump” is a common phenomenon in the intermediary industry, the more expensive the target is more likely to appear “jump”.Average common people house total price interval is 3 million -5 million yuan, intermediary fee 100 thousand yuan has been relatively higher.”For salaried workers, the agency costs are high but not unbearable. In most cases, they pay as promised.Because the public understand, ‘jump’ is a breach of contract behavior.With fees in the millions or even tens of millions, the default risk is quite high.”Lu wenxi said.Some net friends think that real estate intermediary fee is too high, intermediary did not do anything to be about to receive high commission, unreasonable.In this idea to promote, part of the home buyers take the risk, choose “jump single”.In Lu wenxi’s view, it is a prejudice to think that real estate agents can get so much commission just by showing them.”With a real estate worth millions of yuan, we need to minimize all kinds of risks, which may not be visible to the public.For example, housing information collection, verification, confirmation, all should pay manpower costs.Information is the most important part of buying a house.On the surface, it looks like a house, but there may be various complicated ‘stories’ inside, such as multiple mortgages, complex composition of property rights holders, and whether the landlord has high credibility. The information only based on personal knowledge is quite limited.”Lu Wenxi pointed out.In order to prevent “jumping orders”, many real estate agents associations in cities have set up relevant mechanisms to assist in handling such disputes.A person in charge of the Shanghai Real Estate Brokers Association told The Times that the Association has always had a cooperative law firm, which can provide a full range of legal aid for public welfare, but has not received any application from member units.Hua Hong, director of the development and research department of shenzhen Real Estate Agents Association, told Times that members can appeal to the association for rights protection in real time on the “jump” issue, and collect and submit relevant evidence in an orderly manner according to the guidance of rights protection specialists and lawyers hired by the Association.”In 2021, Shenzhen Association of Real Estate Agents helped member units recover a total of 652,000 yuan of commission, including developers, agent platforms, individual consumers and other three dimensions of commission recovery results.In addition, the association received 233 individual member rights protection applications in 2021, helping to recover commissions of about 1.338,400 yuan.”Hua Hong further points out.