Joke Collection Website - Blessing messages - Legal aid: if you sell a house, you don't want to sell it after sending a text message to the intermediary company to collect the deposit. What responsibilities do you need to bear?
Legal aid: if you sell a house, you don't want to sell it after sending a text message to the intermediary company to collect the deposit. What responsibilities do you need to bear?
According to the Contract Law of People's Republic of China (PRC)
Article 49 A contract concluded in the name of the principal without agency right, beyond agency right or after the termination of agency right is valid if the counterpart has reason to believe that the agent has agency right.
Article 1 15. The parties may, in accordance with the relevant provisions of the Guarantee Law of People's Republic of China (PRC), agree that one party shall pay a deposit to the other party as a guarantee of creditor's rights. If the debtor performs the debt, the deposit shall be used as the price or returned. If the debtor fails to perform his debts, he has no right to demand the return of the down payment. If the party accepting the deposit fails to perform the debt, it shall return the deposit twice.
To sum up, the situation described in the question is quite special. The seller of the real estate entrusts the sale of the real estate to the intermediary service organization, and even gives the key of the real estate to the intermediary for the convenience of viewing the house.
Otherwise it is not easy to appear. After the buyer saw the property and expressed his intention to buy it, the seller didn't even have time to collect the deposit and sign the contract.
After the buyer has seen the real estate, both parties should negotiate related transactions through intermediaries.
In the case that both parties reach an agreement on the related matters, the buyer has to pay the deposit and the seller can't be present.
Then through SMS authorization, the intermediary agency collects the deposit on its behalf.
In this case, it shall conform to the circumstances stipulated in Article 49 of People's Republic of China (PRC) Contract Law, and the buyer has reason to believe that the intermediary service agency, as an agent, has the agency authority. Then this agency behavior is effective.
The seller shall bear corresponding responsibilities for this.
If the seller reneges on his promise, it is a violation of the provisions of the deposit penalty, and should pay the buyer double the deposit as compensation.
Supplementary answer:
1, you can collect evidence of intermediary threats and complain to the Association of Real Estate Agents. If the other party's practice involves civil infringement, it can bring a civil lawsuit according to law. If the other party's practice is suspected of breaking the law or even committing a crime, although the police will handle it.
2. The short message sent by the entrusted intermediary to collect the deposit can be recognized as a form of authorization.
Your situation conforms to Article 49 of the Contract Law, which can convince the buyer that the intermediary has the right of agency and the agency behavior is effective.
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