The Northwest Real estate company sued that in 2022, Ms. Hou said she wanted to buy a villa, and the Northwest Real Estate company immediately carried out intermediary services for Ms. Hou, provided Ms. Hou with multiple houses and several field visits, and eventually led Ms. Hou and the landlord to sign a "housing sale contract" and buy a villa worth 30 million yuan, and the two sides agreed on an intermediary fee of 450,000 yuan. Later, Ms. Hou did not want to buy a house on the grounds that the capital turnover was not open, and privately lifted the "housing sale contract" with the landlord, ignoring the requirements of the Northwest real estate company to pay the intermediary fee. The Northwest Real Estate Company believes that the company provided and completed intermediary services for Ms. Hou, and Ms. Hou should pay the brokerage fee in full although she did not purchase the house in the end.Ms. Hou argued that the housing sale contract was not established and it should not pay the agent's fee.

After hearing, the court believed that the Northwest Real Estate Company had provided Ms. Hou with services related to the transaction process, transaction risk, market consultation and on-site inspection of the house, and finally facilitated Ms. Hou's signing of the House Sale Contract with the landlord. Now the House Sale Contract is terminated due to Ms. Hou's own reasons, which is not caused by the service defects of Northwest Real Estate Company, so Ms. Hou should pay the brokerage service fee to Xidu Real Estate in accordance with the agreement of the House Sale Brokerage Contract. The Northwest Real estate Company recognizes that it has not provided housing verification, purchase qualification verification, assistance in online signing, transfer and other services to both sides of the sale contract, so the actual performance of the house sale contract has objectively reduced the workload and cost of follow-up services of the Northwest Real estate Company. Therefore, for the amount of intermediary fees Ms. Hou should pay to the Northwest Real Estate Company, The court decides according to law. The court finally ordered Ms. Hou to pay the agency fee of 100,000 yuan to the Northwest Real Estate Company.Article 961 of the Civil Code stipulates that an intermediary contract is a contract in which the intermediary reports to the principal the opportunity to conclude the contract or provides the media service for the conclusion of the contract, and the principal pays the remuneration. Therefore, once the contract is established, the intermediary shall perform the intermediary's obligations according to the instructions of the principal, and once the intermediary's activities have achieved results, the principal has the obligation to pay remuneration.In this case, under the mediation of the Northwest Real Estate Company, Ms. Hou has entered into a house sale contract with the owner, which was not actually performed due to Ms. Hou's personal reasons, but did not affect the establishment of the intermediary contract between Ms. Hou and the Northwest Real Estate Company according to law. According to the intermediary contract between the two parties, Northwest Real Estate Company has completed: 1. Provide house sale information; 2. Provide consultation on the transaction process, transaction risks and market conditions related to the sale and purchase of houses; 3. Assist Party A and Party B to conduct on-site inspection of the premises; 4. Assist and facilitate the signing of house sale contract between Party A and Party B. Ms. Hou should pay commission to Northwest Real Estate Company.

However, considering that in addition to the services listed in the intermediary contract in the general process of buying a house, the intermediary company will also provide housing verification, purchase qualification verification, assistance in online signing, transfer and other services for both parties to the sale contract, because Ms. Hou did not continue to perform the contract, so the Northwest Real Estate Company did not provide these services. Objectively, the workload and cost of the follow-up services of the Northwest Real Estate Company were reduced, so the court decided that Ms. Hou only needed to pay the agency fee of 100,000 yuan.

This article is transferred from the public number "Beijing Haidian Court", here to express our thanks"