购房者在购买房产时,经常会遇到中介公司要求支付所谓的“诚意金”。这种做法在行业内较为普遍,但实际上,消费者往往分不清“诚意金”和“定金”的区别,这可能导致他们在交易过程中遭受不必要的损失。
近日,揭阳市榕城区人民法院审结了一起因“诚意金”引发的纠纷案件。原告陈女士在通过房产中介江某看中一处住宅房源后,通过微信向陈某转账5000元,并注明为“诚意金”。然而,江某随后告知陈女士,这5000元已被作为定金的一部分支付给业主。陈女士不同意将“诚意金”转为“定金”,并要求江某退还款项,但未获同意。
法院审理后认为,陈女士支付的5000元实际上是“诚意金”,而非法律意义上的“定金”。因此,陈女士有权要求退还这笔款项。法官提醒广大购房者,在与中介签订协议前,应仔细阅读合同条款,明确退还条件,避免因支付“诚意金”而遭受损失。
这起案件再次提醒消费者,在购房过程中要谨慎对待中介公司的要求,确保自己的权益不受侵害。同时,这也提示中介公司应规范自己的经营行为,避免误导消费者,共同维护良好的房地产市场秩序。
英语如下:
News Title: “The Real Face of ‘House Purchase Sincerity Deposit’: Unveiling the Underlying Transaction Rules in the Real Estate Market”
Keywords: Deposit of Sincerity, Real Estate Gimmicks, Media Exposure
News Content:
When purchasing a property, homebuyers often encounter real estate agents requesting the payment of a so-called “deposit of sincerity.” This practice is common within the industry, yet consumers often fail to distinguish between a “deposit of sincerity” and a “deposit,” which can lead to unnecessary losses during the transaction process.
Recently, the Yongcheng District Court of Jieyang City, Guangdong Province, concluded a dispute case arising from a “deposit of sincerity.” Plaintiff Chen女士, after being introduced to a residential property by real estate agent Jiang, transferred 5,000 yuan to Chen via WeChat, specifying it as a “deposit of sincerity.” However, Jiang later informed Chen that the 5,000 yuan had been used as part of the deposit paid to the property owner. Chen disagreed with converting the “deposit of sincerity” into a “deposit” and demanded Jiang to refund the payment, but her request was not granted.
The court found that the 5,000 yuan Chen paid was, in fact, a “deposit of sincerity” and not a legal “deposit.” Therefore, Chen had the right to request the return of the payment. The judge reminded all homebuyers to carefully review the contract terms before signing with a real estate agent and to clarify the conditions for refund, in order to avoid losses from paying a “deposit of sincerity.”
This case serves as a reminder to consumers to be cautious about real estate agent demands and to ensure their rights are not infringed upon during the home-buying process. It also prompts real estate agents to standardize their business practices to avoid misleading consumers and to jointly maintain a healthy real estate market order.
【来源】http://www.chinanews.com/sh/2024/08-14/10268584.shtml
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