Legal Issues Of Real Estate Brokerage Industry Research

Because of the rapid development of China's economy, Chinese earning level increases step by step. The demand of housing becomes intensively year by year. Under this context, China's real estate market enters a flourishing period, one-hand market and second–hand market boom rapidly. In this background, real estate kept enlarging and developed to a certain scale. As a result, it has played an active role in promoting real estate products exchanging and circulating. But because of the immature law system and the management defects, our China's real estate agent market run unhealthily, the whole agent market is in a mess, agent institutions are in different level of qualities and their employees are lack of profession moral and so on. These problems are not only harmful to the real estate agent market, but also will damage consumers'legal rights. As a result, how to regulate the real estate agent market, how to insure exchange in a safe order, is a hotspot in our country.It is very important to analyze and solve the problems in real estate agent market using legal methods. Firstly, this paper gives a definition to agent, and then analyzes the definition of real estate agent and its legal character. Secondly, it introduces the history and procedure of real estate agent. This part gives matting to the following discussion.The main body of my thesis is divided into three parts:Part one is the study of market admittance of real estate agent. This section first introduces the basic theory of market admittance, and then it gives the definition of market admittance and discusses the legislation model of different countries. Meanwhile, from the real estate agent institution and broker two aspects, this section analyzes our country's market admittance system, and points out the problems in this system. In the end, this part introduces west countries'successful experience, and gives reasonable suggestions to consummate our country's real estate agent market admittance system.Part two is the study of real estate agent guild. Herein the advantages guild in industry management, this paper takes guild to be study object. In the section, I have analyzed the necessity of doing industry self-discipline management, and then pointed out the tenet and character of real estate agent guild. After construing the condition of guild, this thesis analyzes the problems affecting guild self-management. In the end, I put forward some suggestions to consummate real estate agent guild: guild should be independent of government; establishing a reasonable legal system in real estate agent market; exerting guild's advantage in the information management; enlarging guild's function.Part three is about protecting consumers'rights in real estate agent. The aim of maintaining exchange to be a safe condition is to protecting consumers'legitimate rights. The consumers in real estate agent market are different from other kind of consumers. This section has analyzed it deeply. And then, by combining realism, I pointed out the problems in real estate agent market, which are harmful to consumers. This section puts an emphasis on how to protecting consumers legitimate rights effectively. In the end, I give some reasonable suggestions to do the right thing: draw especial code in protecting real estate agent consumers'rights; establishing system in throwing daylight on information of real estate agent; exerting government and guild's function in management of agent contract; founding real estate agent credit system; establishing a reasonable dissension mechanism in real estate agent.