居间合同签订流程要注意什么What should be noted in the process of signing intermediary contracts
居间合同签订流程要注意：
一、【房产中介资质】
购房人先要了解中介人员的信息，如经营范围、执业经纪人的姓名及证号等。如果购房者在直接到中介公司进行洽谈的过程中，发现中介公司未经备案、注册登记或执业经纪人证号名不副实，应谨慎交易，向有关部门核实、举报法，实践中不乏中介公司人员卷款而逃的案例。
二、【明确中介费用】
在合同中明晰中介费用所包含的项目，中介除了收取合同约定的中介服务费外，其余的所谓垫资费、看房费、跑腿费等等都属于“黑收费”。同时根据《关于规范上海市居住房屋买卖，租赁中介经纪服务收费的通知》规定：居住房屋买卖中介费不超过成交价的2%，也就是说对于买卖其中一方，多只能收取1%的中介费，在合同中明晰中介费的支付条件。原则上是在中介公司促成双方签订《房地产买卖合同》时支付，但鉴于房屋交易过程中环节较多，可以将中介费的支付与工作进度相结合，做到哪一步就付哪一步的中介费。注意居间合同要求一次性支付中介费用或只介绍买、卖双方认识就全额收取中介服务费相关条款。另外现在上海地区的银行贷款都不在支付返利，有可能房产中介要求买卖双方支付办理贷款的服务费。律师理解，支付可以但也只能支付给银行，由银行出具服务费收据，房产中介费用只能是成交价的1%。
三、【买卖双方资料】
这个方面主要是出卖方，需要提供房产证、银行贷款情况、有无司法限制、有无租赁、有无抵押等相关资料(应要求房产中介出具该房屋所在地交易房屋产权登记情况，俗称“产调”)对于买方也就是身份证明。
四、【意向金转定金】
一般买方付了意向金，在规定的日期内是不得退意向金的，如在此期间卖方签字确认，并收取了意向金，则转变为定金。那么此时如有变化，则要适用定金罚则双倍返还。所以要格外留心定金、订金，预付款，违约金条，尾款等款项。如果是对方提供的为格式合同，那么，在签订合同前，好请专业律师把关，修改、删除合同中对己不利“霸王条款”，增加自身需要的条款，以达到利益平衡，降低纠纷、损失发生。
五、【房款支付事项】
买卖过程中各期支付金额、期限及方式都是要注意，一经确认，不按约履行是要承担相应责任的，所以要量里而行，多给自己留有时间和空间;税收、相关费用等的承担及各类更名手续的办理及费用承担;该房屋内是否存在未迁出户口及迁出期限等各项内容均应做出明确、详细的约定。另外，若涉及车位问题，也需由双方进行明确约定。
六、【交房设备户口】
交房要明确时间，逾期应约定迟延履行金;设备装修价款如另外作价，则应另签协议，避免多缴税费。户口好是交易过户前迁出，同时也需要明确约定具体的法律责任，这个一定要千万注意。
通过以上阅读，相信大家应该明白居间合同签订流程要注意什么了，我们买房时房产中介是其中非常重要的一环，必须加强重视，因为这关系到能够顺利买房，经济买房，安全购房，与房产中介签订居间合同时一定要注意以上六项内容，切不可贪小便宜，以免上当受骗，产生不必要的损失。
The process of signing intermediary contracts should pay attention to:
1、 [Qualification of Real Estate Intermediary]
Buyers need to first understand the information of the intermediary, such as the scope of business, the name and certificate number of the practicing broker, etc. If a homebuyer finds that the intermediary company has not been registered or registered, or that the practicing broker's license number is not true during direct negotiations with the intermediary company, they should be cautious in trading, verify and report to relevant departments. In practice, there are many cases of intermediary company personnel evading payment.
2、 [Clarify intermediary fees]
Clarify the items included in the intermediary fee in the contract. In addition to charging the intermediary service fee as stipulated in the contract, other so-called advance fees, viewing fees, errand fees, etc. are all considered "black charges". According to the Notice on Regulating the Fees for Rental Intermediary Brokerage Services in the Sale and Purchase of Residential Housing in Shanghai, the intermediary fee for the sale and purchase of residential housing shall not exceed 2% of the transaction price. This means that for either party, only 1% of the intermediary fee can be charged. The payment conditions for the intermediary fee shall be clearly stated in the contract. In principle, payment should be made when the intermediary company facilitates the signing of the Real Estate Sales and Purchase Contract by both parties. However, considering the many environmental factors involved in the housing transaction process, the payment of intermediary fees can be combined with the progress of work, and the intermediary fees can be paid for each step. Please note that the intermediary contract requires a one-time payment of intermediary fees or only introduces the clause that both the buyer and seller know each other and fully charge intermediary service fees. In addition, bank loans in Shanghai are currently not paying rebates, and it is possible that real estate agents require both buyers and sellers to pay service fees for loan processing. The lawyer understands that payment can be made, but can only be made to the bank, with a service fee receipt issued by the bank. The real estate agency fee can only be 1% of the transaction price.
3、 [Buyer and Seller Information]
This aspect mainly involves the seller, who needs to provide relevant information such as property ownership certificate, bank loan situation, whether there are judicial restrictions, whether there are leases, and whether there are mortgages (the real estate intermediary should be required to provide the registration of the property rights of the transaction house in the location of the house, commonly known as "property transfer"). For the buyer, it is also an identity certificate.
4、 [Intention deposit to deposit]
Generally, if the buyer pays the earnest money, it cannot be refunded within the specified date. If the seller signs and confirms during this period and collects the earnest money, it will be converted into a deposit. If there is any change at this time, a penalty of double the deposit will be applied. So pay extra attention to deposits, deposits, prepayments, penalty bars, final payments, and other payments. If the other party provides a standard contract, then before signing the contract, it is advisable to have a professional lawyer review it, modify or delete any unfavorable "domineering clauses" in the contract, and add necessary clauses to achieve a balance of interests and reduce disputes and losses.
5、 [Payment Matters for House Payment]
During the buying and selling process, it is important to pay attention to the amount, deadline, and method of payment for each installment. Once confirmed, failure to fulfill the contract will result in corresponding responsibilities. Therefore, it is important to act within the scope and leave more time and space for oneself; Undertaking taxes, related expenses, and handling various renaming procedures and expenses; Clear and detailed agreements should be made on whether there are any household registrations that have not been moved out of the house and the relocation period. In addition, if it involves parking space issues, both parties need to make a clear agreement.
6、 [Household registration for handover equipment]
The delivery time should be clearly defined, and a penalty for delayed performance should be agreed upon if it is overdue; If the equipment decoration price is separately priced, a separate agreement should be signed to avoid overpaying taxes and fees. A good household registration means moving out before the transfer of ownership, and it is also necessary to clearly agree on specific legal responsibilities, which must be carefully considered.
Through the above reading, I believe everyone should understand what to pay attention to in the process of signing an intermediary contract. When buying a house, real estate agents are a very important part of it, and we must pay more attention to it because it is related to the smooth purchase, economic purchase, and safe purchase of a house. When signing an intermediary contract with a real estate agent, we must pay attention to the above six contents, and never take small advantages to avoid being deceived and causing unnecessary losses.