The Research On Legal Issues Of The Real Estate Agency Contracts

The concept of "real estate agency contract" as defined in practice is not clear, The mainreason is the introduction of the concept of "intermediary" in economics, some scholarsdirectly to the "intermediary" and "intermediate" equate to a certain extentcaused confusion inthe use of the concept. The first part of the concept of "real estate agency contracts to exploreand found the real estate agency contracts" famous contract on the intermediary contract orcommission contract, contract law corresponds to a simple, directly into the unknown scopeof the contract but are still not thorough. I commissioned a comparative study of the nature ofthe contract is similar to the concept of intermediary contract, and the concept of mixedcontracts after the study found that the contractual obligations of reporting tradingopportunities, to provide a medium of exchange, real estate agency contracts BrokerageContracts with the factorMatch of the deal, while intermediary to perform to handle thetransfer of real estate and land, water, electric transfer of contractual obligations belong to thecommission contract factor. As a result, I obtained a real estate agency contracts should beclassified as a hybrid contract containing intermediate contract and commissioned by thecontractual factors. So-called mixed contracts (hybrid contract), refers to the contract containsa typical contract, constitute a factor with other typical contract constitutes a factor, or doesnot belong to the component factors of the the Renyi Dian contracts.In the second part to further the law applies. Based on the special nature of the real estateagency contracts "mixed contract, the application of law can not simply direct selection, orsimple mechanical combination of intermediate and commissioned by the contract rules.There are three attitudes absorption ’combination’, by analogy, apply the doctrine, after acomparative study, I believe that to determine the application of law of the real estate agencycontracts shall be contrary to the parties entered into the contract for the mixed contract lawapplies, Select by analogy to the brokerage contract rules and the commission contract rulesfor its more appropriate legal principles applicable. And the author in this part of the twofactors in the specific application of law set out.The main purpose of the real estate agency contracts or expect to be able to play a certainreference to legal practice for the real estate agency contracts. This article third, fourth andfifth part focuses on some of the problems encountered in practice are discussed. The third part of the real estate intermediaries receive remuneration claim and its defenseresearch, this part of the case discussed in the form of remuneration in the mixed case of thepayment obligations of the principal "jump" behavior and real estate intermediariesrequestdisputes over the right two aspects are discussed."Jump" behavior at the same time toprotect the legitimate rights and interests of the intermediary companies, safeguard thelegitimate rights and interests of the buyer, the consumer, that is, to seek a balance betweenthe two, certain restrictions on the buyer’s right to choose, use of the buyer in the transactionthe housing information provided by the intermediary companies to avoid counterparty,intermediary companies directly signed with the seller on the sale of housing restrictions.Mixed situation for the benefit obligation, you can not deny the commission contractcompensation claims not completed intermediate contractual obligations, and vice versa.Part IV, in practice, typical of the three "eat the difference" behavior should be legalregulation, three "to eat the difference" behavior include: one directly in the contract agreed toreceive the difference, or contract for the sale of each party to recover part of the difference tothe Housing; prevent buyers and sellers to communicate the level of spreads negotiations, thefinal part of the difference will be much higher as the intermediary itself; direct low-costacquisition of information is relatively isolated seller housing and instead sell high. I passedboth sides agent "," the intermediator truthfully provide information obligations andadministrative regulations, regulatory, discussed the regulation of these three acts.The fifth part, due to the existence of the rule of law in the commission contract factor,the commission contract to give the parties any right of cancellation, in the real estate agencycontracts commissioned by the exercise of any right to rescind the contract factor should behow to limit the real estate agency contracts.The nature of the "real estate agency contract" has been identified more thanintermediary contract, but after I study, this approach is simple but can not really explain thesubstance of the real estate agency contracts, commission contract factor in the real estateagency contracts andbe sure, important reason, such as real estate agents commission disputes,"eat the difference" behavior of the real estate industry, real estate agency termination of thecontract and other disputes arising, I will be real estate agency contracts characterized as amixed contract, so that intermediatecontracts and contract rules are applicable in the realestate agency contract scope for the provision of legal theory to support to solve problemsencountered in the above practice.