In 2021, real estate agent Xiaoxia recommended a house to homebuyer Xiaoyu and informed her through WeChat: "This house is located on the 25th floor of Building 3, with a total height of 26 floors." Xiaoyu checked the online sales information of the agency and found that the house was labeled as "high-rise". After viewing the house, Xiaoyu and the original owner Xiaozhang signed a "House Sales Contract", which stated that the building where the house is located has a total of 28 floors, including 26 above ground floors and 2 underground floors. The house is located on the 25th floor. Xiaoyu paid an intermediary agency fee of over 90000 yuan to the intermediary company. But soon after, Xiaoyu moved into her new home only to find that her home was on the top floor and there were no 26th floors upstairs. Xiaoxia replied, "Your house is not completely on the top floor. I told you at the time that there are no residents above the living room, and all other houses have 26 floors above." After careful observation, Xiaoyu found that the purchased house was purely on the top floor. Xiaoyu believes that she used her entire family's efforts to buy a house, but the house she purchased was actually the top floor with hot summers and cool winters. The intermediary company provided false housing information, which infringed on her legitimate rights and interests. After multiple unsuccessful negotiations between the two parties, Xiaoyu filed a lawsuit with the court, demanding that the intermediary company fully refund the intermediary fee and compensate for the loss of the housing price difference. The investigating judge went to the scene of the house for inspection. The elevator button of Xiaoyu's building has a total of 26 floors. After taking the elevator to the 25th floor, there is a row of windows in the hallway. Looking at Xiaoyu's house from the window, there are no buildings on top. The judge explained that an intermediary contract is a contract in which the intermediary reports the opportunity to enter into a contract or provides intermediary services for entering into a contract to the principal, and the principal pays remuneration for this. According to Article 962 of the Civil Code, intermediaries shall truthfully report to the principal on matters related to the conclusion of the contract. If an intermediary intentionally conceals important facts related to the conclusion of a contract or provides false information, which damages the interests of the principal, they shall not request payment of remuneration and shall bear compensation liability. The judge stated that the floor of the house is related to the buyer's housing experience and value, and floor information is important information that affects the buyer's judgment. Intermediaries should truthfully disclose this information when performing intermediary services. Before Xiaoyu purchased the house, Xiaoxia informed Xiaoyu that "this property is located on the 25th floor of Building 3, with a total height of 26 floors. The owner is selling and changing houses," but did not explicitly inform Xiaoyu that the house is on the top floor. Her statement about the building height could easily lead Xiaoyu to make a wrong judgment. After Xiaoyu moved in, she found that the house was actually on the top floor and contacted Xiaoxia. Xiaoxia still claimed that "the total height is 26 floors... your house is not a complete top floor". This shows that Xiaoxia did not fully grasp the situation of Xiaoyu's house before Xiaoyu bought it, and failed to provide accurate information about the house to Xiaoyu. As intermediary service agencies, intermediary companies should provide comprehensive and accurate information to homebuyers. Without fully understanding the housing information, they should not rely solely on their own viewing experience to make introductions. Based on the facts in the case, it can be concluded that the intermediary company failed to fully fulfill its contractual obligations. Based on this, the court ruled that the intermediary company should refund Xiaoyu's intermediary agency fee of more than 90000 yuan. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:People's Daily
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