Is it legal for the sales office to charge service fees?

Is it legal for the sales office to charge service fees? It depends. The appropriate service charge is reasonable, and more is the disguised house price. The sales center can't charge any service fees, and most of them are third-party intermediaries who cooperate with the sales center.

1. Is it reasonable to charge the signing fee for buying a house?

Unreasonable. Can refuse.

When buying a house, the buyer will go through several different stages, such as signing the purchase contract, moving in and handling the real estate license. Many people who want to buy a house are not sure how buyers should go through the formalities at each stage and whether they need to spend much money.

When a developer sells a house, he only tells the buyer the total price of the house, and the total price of the house does not include various taxes and fees other than the house price. In practice, consumers are often confused.

The price department, in conjunction with the housing and construction department, issued a notice requesting local real estate trading centers to provide trading places, market information, property rights verification and other related services in accordance with regulations, and clearly mark the price at the trading places, and announce the charging basis, charging items and charging standards. If consumers encounter arbitrary charges, they can report directly to the local price department.

The real estate industry is a commodity trading market with a large amount of funds. Both parties need to be bound by the purchase contract and follow the principles of clearly marked price and fair trade. According to the law, the owner only needs to pay the fees specified in the purchase contract.

However, in this case, the developer asked the owner to pay the "service fee" for the house purchase outside the contract, thus raising the price of the shop in disguise and making the owner pay the house purchase cost beyond the quoted price.

It can be seen that this in itself is an abnormal trading behavior. If the developer reaches an agreement with the owner in advance, it is a false report on the price and a yin-yang contract to avoid the property market regulation policy.

On the other hand, if the developer conceals the real situation of the "service fee", it is suspected of commercial fraud and there is the problem of taking the opportunity to collect fees in disorder.

Moreover, the "service fee" for buying a house is paid separately, and the relevant funds are put into the account of a real estate brokerage company, and only receipts are issued without invoices, which is obviously suspected of tax evasion in order to earn more profits.

Legal basis:

Article 963 of the Civil Code of People's Republic of China (PRC)

If the broker facilitates the establishment of the contract, the principal shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract.

If the broker facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the broker.

Measures for the administration of commercial housing sales

Article 3 The sale of commercial housing includes the spot sale of commercial housing and the pre-sale of commercial housing. The term "spot sale of commercial housing" as mentioned in these Measures refers to the act that a real estate development enterprise sells a commercial housing that has passed the completion acceptance to a buyer, and the buyer pays the house price. The term "pre-sale of commercial housing" as mentioned in these Measures refers to the act of real estate development enterprises selling commercial housing under construction to buyers in advance, and the buyers pay the deposit or house price.

Sixteenth commercial housing sales, real estate development enterprises and buyers should conclude a written contract for the sale of commercial housing. Commercial housing sales contracts shall contain the following main contents:

(1) The name and domicile of the party concerned;

(two) the basic situation of commercial housing;

(three) the way of commercial housing sales;

(four) the way to determine the price and total price of commercial housing, the way of payment and the time of payment;

5] Terms and date of delivery;

(six) decoration, equipment standards commitment;

(seven) water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities;

Ownership of public buildings;

(nine) the way to deal with the area difference;

(10) Handling matters related to the registration of property rights;

(eleven) dispute resolution methods;

(12) Liability for breach of contract;

(13) Other matters agreed by both parties.