A Study On The Legal Problems Of "Jumping Single" In The Sale Contract Of The Second - Hand Housing

In recent years, the rapid development of China’s real estate economy, second-hand housing market continues to boom, the emerging second-hand housing intermediary companies in transactions between buyers and sellers to provide a convenient, but also for the prosperity and development of housing sales market has made important contributions to become the real estate industry An important part of.But because of second-hand housing intermediary market chaos, the professional level agency uneven and inadequate government supervision between the lack of relevant laws and regulations, agencies and clients on the sale of second-hand housing intermediary contract dispute into a rising trend, each grade class about the number of court disputes also continued to increase. Because of the disagreement on the application of law, the courts of different cases the sale of second-hand housing intermediary contract dispute how to apply the legal advice is difficult to unity, co-occur when different sentence phenomenon. Faced with problems judicial practice, the Supreme Court issued guidance on the intervening contract case number 1(Shanghai Zhong Yuan Property Consultants Ltd. v. Tao Dehua intermediary contract dispute) in 2011, on judicial practice appears intervening contract dispute process guidance.In judicial practice, the intermediary contract more to "visit confirmation," "Buying real estate confirmation" and other forms, bound by the three parties act in good faith because the parties do not act or controversial issues vague and disputes. In this paper, the sale of second-hand housing disputes intermediary services often occurs during the "jump" behavior caused as the main object of study, clear intermediary contract dispute in the main focus of controversy. Through analyzing the guidance of the Supreme Court Case No. 1( "Tao Dehua case"), "Xu Xicheng case" and "Chen Guang case" merits of the three cases, to find three cases controversial common focus, are listed Legal analysis for the three chapters, the first analysis of the intermediary contract prohibits "jump" the validity of the terms, Comment on the effectiveness of the provision identified three key issues, and put forward the author’s view, the terms of the agreement prohibits "jump" for a period not more than one year, the principal and the seller is prohibited in private transactions should be recognized as valid, when circumstances prohibited under exclusive commissioned by other principal mediator should also be recognized as valid when the terms of the transaction, the case should be entrusted to the non-exclusive deemed null and void. Secondly, when there is no prohibition "jump" principal terms "jump" behavior attribute analysis when there is that, under different circumstances if the client needs to take responsibility for their own "jump" behavior. Finally, the intermediary contract dispute mediator remuneration claims to analyze the problem, the main active as a mediator, set up second-hand housing contract for the sale and the establishment of general conditions and the behavior of intervening causal mediator has the right to request the establishment of intermediary remuneration, but in the "jump" situation and other special circumstances, the right to request the establishment of intermediary remuneration, exercise is more complex, the author of intermediary remuneration claims were analyzed by different situations, as in the trial court of the sale of second-hand housing intermediary contract dispute case when reference, but also for our country more diverse style intervening contract dispute process to give some reference.Finally, some of the second-hand housing transactions existing intermediary contract "jump" dispute papers, proposing norms for the sale of second-hand housing templates Suggestions for second-hand housing intermediary services, information disclosure system and clear intervening remuneration obligations and standards, in order to promoting the sale of second-hand housing market healthy and orderly development agency.