The Study Of Real Estate Sale And Purchase Intermediary Legal Issues

December20,2011, the Supreme People’s Court issued a notice on the release ofthe first batch of guiding cases (Court [2011] No.354). Among them, the second-handhousing intermediary "jump" behavior ranked the guidance of case No.1, whichindicates that in judicial practice, the "jump list" is increasingly becoming a hot anddifficult problem. This paper attempts to examine the behavior of the real estateintermediary practical, coupled with the intermediate contract theory and comb themanifestations of the "jump list" behavior and elements. Ultimately confirm theintermediator remuneration claim under the "jump list" exercise.The first part is the introduction of the "jump list" case. The second part is theanalysis of the legal structure of the real estate agency services contract and goes to aconclusion that the real estate agency contracts has characteristics of a two-sidescontract and a hybrid contract. Meanwhile, as an important commercial matters, thestatute law of many countries have detailed provisions of brokerage. In the thirdsection of this paper, by comparing the discourse of our country "contract law" withGermany, Japan, Taiwan, Switzerland and other countries and regions’ relatedlegislation, this paper summed up that intermediator remuneration is made up offour claims occurred elements. The establishment of intermediary contract; the theeffective establishment of the intermediary contract; the identity of the intermediarycontract with the matters entrusted and; there must be cause and effect between the establishment of intermediary contract and the intermediator report or media efforts.Moreover, considering of the following types of situations have varying degrees ofimpact on the intermediator remuneration claims which are: the contract wasestablished without the entry into force, the conditional contract attached to the startdate of the contract, the revocation of the contract, the invalid contract, the lifting ofthe contract, so they are also addressed in this article. With the former theory,"jumplist" phenomena is summaried in the subsequent Part IV of this paper. Firstly, thepaper do typed summary of the manifestation of the "jump list" behavior. Secondly isthe analysis of the elements of the "jump list" behavior, which thinks that prohibited"jump list" terms of the format is valid or not and whether malicious jump or not tobuy a house in the real estate agents in a reasonable period after the showings servicesare the focus of identify of the "jump list". Finally, based on the legal practice of theTaiwan Area and the Swiss law of obligations, the paper identified the intermediatorremuneration in the case of the "jump list" right to be exercised. Last but not least, asanother common problem in the real estate brokerage, that is the nature of theproblem of the intermediary contract agreed terms of sale, is discussed in the fifth partof its paper as a side issue.