Studies On The Disputes Of Real Estate Intermediary Contract

In this article, the houses in the sale and purchase transactions are all the second-handhousing transactions, and real estate intermediary service only refers to real estate brokerageactivities here. In recent years, with its investment in less flexible operation, conveniently andquickly active in the market, the real estate industry has a certain degree of development insupport of national favorable policies, has become boosters that promote the rapid developmentof the economy and plays an important role in the economic activity in the market. Housingsales include the first-hand housing transactions and the second-hand housing transactions,compared with the process of the first hand transactions, that of the second–hand is morecomplicated. Generally, the second-hand housing is the transactions between individuals, notonly involves both parties in the sale of housing, but also involves real estate intermediarycompany. Real estate intermediary company is like a bridge between supply and demand, andprovides professional services, and meets the needs of both sides. However, at present, theintermediary market is in chaos, the phenomenon of blackmail, arbitrary charges in endlessly,and disputes occurred frequently. Once a dispute occurred, they mutually shirk responsibility.All these results are harmful to the interest of sellers or buyers who would suffer a big loss,because the relevant laws and regulations are still lag behind, it cannot solve disputes problemseffectively. As for this, with the purpose of service for housing buyers and sellers, taking intoaccount the protection of intermediary company’s interests, based on China’s current real estatelaw and regulations, through the study of the second-hand housing intermediary contractdispute case, the author understand the real estate intermediary trap. Only in this way, can we inthe transaction avoid passive elements, defend the risk, dissolve the risk, and earnestlysafeguard the legitimate rights and interests of market subject.This article considered the real estate contract disputes as the object of research, the authorinvestigates the causes of the dispute of, understand its characteristics and its forming process,and select typical cases as well as launching the discussion. Through the analyzing the causes ofthe real estate intermediary contract disputes, the author tries to find out the cause of a client’s "dance single" behavior and the intermediary "eat the difference","charges" behavior. theviolation of the duty of disclosure behavior which is induced by the real estate contract disputesis the important factor, then define the "jump" behavior, identify intermediary traps, andanalyze of the causes of "charges", fulfill obligations to truthfully inform the necessity, finally,according to the irregularities which disrupt the real estate intermediary market respectively, theauthor put forward reasonable suggestions to take measures to reduce this kind of behaviortriggered by disputes, protecting the legitimate rights and interests of the market body, and letthe real estate intermediary abstain the people’s trust, and make the real estate market develophealthy and orderly.