New Research On The Legal Attribute Of Real Estate Brokerage Contracts Of China

With the prosperity of Chinese real estate market recently, real estate brokerage firms are constantly emerging. Estate intermediary service includes real estate consulting, real estate appraisal, real estate brokerage, appraisal, real estate brokers and among them, the real estate brokerage, is referring to the brokers'activities to make the contracts to be established that by offering professional services.In the current judicial practice, most of the real estate brokerage contracts are regarded as contract of mediation. Because of the special nature of real estate brokerage contracts, the law enforcement is sometimes not a unified phenomenon. Particularly in some typical real estate brokerage disputes, such as clients "jump intermediary" or brokers "to eat the price difference", the different definitions of real estate brokerage contracts , directly affects the interests of the parties on the real estate brokerage activities. From real estate-related laws and regulations, sample contracts, and the process of the real estate brokerage, it seems that the real estate brokerage contracts include not only the mediate contract elements, but also some elements of the authorization contract and the principal agent contract.In America, the real estate brokerage is generalized as system of agents; In Germany, it is taken as traditional civil mediation, but there are problems in this model legislation, which needs to be improved; In China's Hong Kong and Taiwan, the real estate brokerage is considered as agent and mediation behavior.This paper argues that the real estate brokerage contracts of china should include mediation, commission and agency contract elements, which is a mixed nameless contract. The contract should be application by analogy, using related legal rules of contract of brokerage, contract of authorization and agency contract, in order to better address the real estate brokerage law disputes.