Lawyers challenge the intermediary of double rent charges

Current tenants, many housing agencies to collect only one month rent as an intermediate costs, as the principal tenant rental fees charged to earn the rent price, the common industry practice is reasonable? Beijing Heng Chen Shuo law firm lawyers will be close to his money out of it double as an intermediary company to court, that double the fees are unreasonable. In recent days, Chongwen intermediate court decision to return Chen's lawyer delivered an intermediary housing costs 1900 yuan.

Double charging intermediary indicted

In January of this year, Chen lawyer to a real estate leasing companies require housing, the two sides entered into a verbal contract intermediary. Followed by intermediary companies to recommend a lawyer Chen Jin Chan Chaoyang District in the south of a set of housing, and Chen introduced the lawyers to meet with the owner, a month rent at the same time in accordance with the standard fees charged by intermediaries 1900 yuan. In the rental contract signed, Chen's lawyer has again found an intermediary on behalf of the lessor, and he signed a rental contract, and in accordance with the rental contract to collect his rent.

Chen's lawyers believe that this is an intermediary to pay double charges and unreasonable: "In my personal view, not a civil behavior in the presence of double identity." But the staff told him that the company has always been such a fee, and this is also the Housing Intermediary industry practice.

Chen lawyers end of the housing agency filed the lawsuit, he thinks the housing intermediary of the contract is a contract an intermediary, according to the "Contract Law," the 424th article: "The contract is an intermediary Ju Jianren report to the principal conclusion of the contract or the opportunity to provide The contract media services, clients pay the contract. "Intermediary companies to charge a fee intermediary agent, and he should have led to the signing of the true owner of the rental contract. However, he met the owner and only after that because the owner has signed an intermediary with the rental agreement, so the owner can not lease directly to the Housing Authority to give him only through intermediaries to rental companies. Chen lawyers believe that the intermediary in charge intermediary fee to have their own with the lessor for the rental contract he signed, did not provide him with a real intermediary services, the collection of intermediary services as an intermediary fees is unreasonable.

Intermediate court decision refund

"Intermediary companies to provide false intermediary services, should bear the responsibility for breach of contract." Chen's lawyer that the intermediary agents to collect his intermediary fees, and the existence of his verbal intermediary service contracts are protected by law. As a result of intermediary companies have not contributed to his landlord and signed rental contracts, the provision of intermediary services is a fraud, according to the "Law on the Protection of the interests of consumers", Chen's lawyers require double the return of intermediary services, pay 3800 yuan.

Chen's lawyer for the lawsuit, the intermediary company that received only an intermediary costs and rent is to be approved by lawyers Chen. Intermediary and is replaced by the owner to collect the cost of rental housing, rent has been collected will be returned to the owner. But the agency also admitted that they collect rent from some of the charges intermediation, the owner of 200 yuan per month in accordance with the amount of commission paid to an intermediary company.

Chongwen after the court hearing and ultimately the return of Chen's ruling intermediary lawyers intermediary costs 1900 yuan. After the verdict, the two sides did not appeal.

Second Intermediaries charge can only elect one of their

Housing agencies charge a month rent for an intermediary fees, as the principal tenant and the tenant signed a rental contract to make room for differences. In this regard, even though many consumers feel that the intermediary companies in which profits too, but choose not seem to be anything wrong with this is often due to industry practice and be recognized. In fact, the dual role of intermediary companies in order to charge double the money out of it, is in itself a contradiction.

As an intermediary for the company, if the intermediary is to fulfill the contract, it should act as an intermediary for the tenant and the landlord led to the signing of a rental contract, and again as a landlord can not charge rental fees. On the other hand, if the intermediary companies that carry out the lease contract, housing has become the lessor, can not be re-charged in his capacity as an intermediary to intermediate housing costs.

That the law, the principal tenant of the intermediaries and the identity of the intermediary between the two companies should be one of the election, or when an agent or when the landlord. If the intermediary companies are charging rental fees, intermediary fees charged, apparently belonging to the double charges are unreasonable.