The Legal Regulation On Actions Of Real Estate Brokerage

Since the 1990s, the rapid rise of our country "real estate craze", the real estate transactions as a special kind of commodity transactions, its form are more and more varied, its process is more and more complex, this lead to the bridge between the real estate market and consumer——Real Estate Brokerage. The real estate brokerage industry in the real estate plays an essential and indispensable role. It goes without saying that the real estate brokerage brought positive impact. But with the improvement of the development level of the real estate market, the real estate brokerage industry expose quantities of problems, the most marked problem is the actions of the real estate brokerage. The actions of the real estate brokerage not only ruin itself image in the public, infringe the legal rights and interests of consumers seriously, but also hinder the stable development of the real estate market. How to regulate the actions of the real estate brokerage becomes the issue by the community discussed at present. In the crucial moment, it is very important to in-depth research the problem of legal regulation the actions of the real estate brokerage. The author analyzes the form of expression of the actions of the real estate brokerage, point out the main reasons of causing actions, research the management system of the actions in the United States and Taiwan. At last, on the basis of using for reference the successful experience of abroad and other areas, integrating China's national conditions, we must propose specific regulation countermeasure.This article mainly divided into four parts:The first part defines the meaning of real estate brokerage and the legal quality of the actions of real estate brokerage. The meaning of "Brokerage" has not been reached on the unified yet, so real estate brokerage meaning in the field is also vary. The author thinks that, real estate agents refers to the real estate development, transfer, mortgage, lease, etc. the purpose of receiving commissions and provide intermediary or agency services, and strive to real estate trade both parties to the deal agreement behavior. This part expounds the meaning of real estate brokerage on the basis of defining the concept "Brokerage". Then, by analyzing the three theories which are the brokerage said,the brokerage agency said and the brokerage commission agency said, defined the legal quality of the actions of real estate brokerage.The second part expounds the form of expression of the actions of the real estate brokerage and the main reasons of causing actions. First, listing the form of expression of the actions of the real estate brokerage:illegally earning price difference,fabricating information of the room source,illegally concluding fee items,making bold to revise sample text of contract,illegal making use of the real estate brokerage qualification certificate. The quantities of the actions are caused by many reasons,for example legislation not strong enough,asymmetric information of real estate marke,government be short of supervising,market access system be not standard,institute of real estate appraisers and agents to exist in name only.The third part analyzes the management system of the actions in the United States and Taiwan. Introduce the regulation way of the United States and Taiwan, and analyze excellent management system of the two areas. The United States has a sound legislation of real estate brokerage and it is real estate rehabilitation fund system founder. Taiwan has standard transaction procedures system and strict punishment mechanism. All these can give us inspiration to regulate the actions of the real estate brokerage providing valuable experience.The fourth part discuss the regulation principles and countermeasure of action of real estate brokerage. This part includes two aspects:first, discussing the regulation principles of illegal actions of real estate brokerage, including the principle of moderation, the principle of coordination management and the principle of protecting vulnerable consumer. Then, elaborating the regulation countermeasure of illegal actions of real estate brokerage. The specific countermeasures are changing the management mode of real estate brokerage, decreeing laws and regulations of real estate brokerage, completing management system of the body of real estate brokerage, establishing real estate rehabilitation fund system as quickly as possible, improving the supervision strength about the fund to ensure the safety of the transaction, promoting to built information sharing platform, consummating the legal responsibilities of real estate brokerage.