In December 7, 2010, my mobile phone (18321864965) rings, the phone number is 1365175****, a woman's voice: my classmates introduced me to find you advice. My daughter has acquired foreign green card, the overseas Chinese, let me put her house in Shanghai to sell, in order China embassy notarial procedures, I am looking for a real estate Broker's Firm, the company produced two copies of the contract that I immediately signed, but has not allowed me and buy side meet, like what Maoni, would you please help me to have a look these two copies of the contract.

   I see these two contracts, one is a Broker's Firm and the sale side brokerage contract, another is the Broker's Firm and bought by a party, the sale of housing sold intention intermediary contract. These two contracts for person's impression is: the Broker's Firm too far too overbearing.

   First, the provisions of the Shanghai price department: intermediary commission shall not be more than 2%, namely intermediary successful, the sale and the buyer of the 1%. The contract between housing price is 1950000 yuan, that is to say, the sale and the buyer commission each 19500 yuan. But the contract agreed to the sale and the buyer pay the Commission shall not be less than 35100 yuan, and specify the terms are independent terms, even if the contract does not affect the legal effect of this clause. Excuse me, that is the truth?

   Second, three party contract agreed to the sale of party a net 1950000 yuan, such selling party should not pay commissions, but the contract or emphasize the selling party paid a commission of not less than 35100 yuan, also stressed that the terms are independent terms, even if the contract does not affect the terms of the legal effect, what the rules of the house?

   Third, "" contract law of the people's Republic of China stipulates: "115th to pay a deposit of one party fails to perform the agreed debt, have no right to demand the return of the deposit; receive advance party of the non fulfilment of contractual obligations, should be double the return of deposit." "PRC security law judicial interpretation" 115th stipulates that: "the parties agreed to pay the deposit as a guarantee of the main contract, pay a deposit of one party refused to enter into the contract, shall not be entitled to demand the return of the deposit; receive advance party refused to enter into a contract, should be double the return of deposit." The law clearly, delivery and accepting the deposit is the sale and buy side of things, but the Broker's Firm is forced to the custody of the buyer to pay a deposit of 100000 yuan, also the name of the three party consultation. What is this law?

   Fourth, the law has been described, to pay a deposit of one party refused to enter into a contract, to request the return of deposits, the deposit shall be returned to the party accepting the deposit all. This is the law, but the Broker's Firm intermediary contracts have provisions, if the buyer defaults can not buy a house, the sale must be the confiscation of deposit, the confiscation of deposit must be with the Broker's Firm in half, which is obviously a despot provisions, there is no legal basis.

   Fifth, "" contract law of the people's Republic of China stipulates that the 427th: "the broker fails to facilitate the formation of the contract, it may not require payment of remuneration, provided that it may require the client to pay the necessary brokerage expenses incurred." Because the buyer can not raise the purchase decided not to buy the house, the Broker's Firm is proposed to find another buyer, if the seller does not agree, not only to pay not less than 35100 yuan Commission, but also to pay the buyer the deposit paid 100000 yuan double fees, costs of the Broker's Firm as a necessary brokerage expenses. Excuse me, what is meant by "necessary" cost? So, if the sale because the Broker's Firm did not contribute to the buyer clinch a deal and no longer sold, the Broker's Firm can income 50000 yuan, 35100 yuan deposit, the brokerage commission expenses cost 200000 yuan. Thus, the Broker's Firm only from the selling party can income 285100 yuan, it is to gain ten thousand percent. My friend said, the Broker's Firm is "money".

   Sixth, these two contracts were agreed by the parties, the contract signed immediately set up and entered into force, any party shall not change. But the reality is, because the buyer can't raise money instead of buying, the Broker's Firm is put forward, to find a new buyer for the sale, otherwise it will be treated as a breach of contract the sale, must bear the liability for breach of contract. That is to say, from home may change the terms of the contract, but the Broker's Firm can change. This is Zhou Guan set fire, forbid common people light, too overbearing. 

   Seventh, "" contract law of the people's Republic of China thirty-ninth to forty-first rules: the standard clauses is prepared in advance by a party for repeated use, and not negotiated with the other party in the conclusion of the contract terms. The terms of a contract is concluded by the format, the party supplying the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and to take reasonable way to draw attention from the other party or limit their liability provisions, in accordance with the requirements of the other, an explanation of the terms. Breach of obligation to draw attention, the terms of the format is not valid. The dispute over the understanding of the standard terms occurs, it shall be interpreted in accordance with common sense. There are two more on the interpretation of terms of format, shall make a decision not to provide an explanation of terms of format. To provide one format articles from its liabilities, increases the liabilities of the other party, excludes the rights of the other party, the terms shall be invalid. It is worth mentioning that, the two contract is a contract format, the Broker's Firm are not to the customer special specification, legal effect should consider some of its terms of.

   Eighth, according to media reports, the real estate Broker's Firm many, many conduit company are not allowed to meet the seller and the buyer, the Broker's Firm may is a microcosm of the company. I remind the house parties, as long as you in this contract is signed, both the seller or buyer, you give the Broker's Firm pay, otherwise it will consume energy, financial resources. In any case are not because of ignorance of the law and in disorderly fashion to sign. Especially not allowed to meet buyers and sellers, certainly not to be divulged Maoni, must raise vigilance.

                          (I QQ594241989)