The Study Of "Jump List" Behavior On The Real Estate Sale And Purchase Intermediary Contract

The intermediary contract is a kind of contract in which intermediary gives the principal the opportunity to enter into a contract or provide medium service paid by the principal. In the second-hand housing, the principal and the intermediary company signed the contract of selling or purchasing house in accordance with the legal characteristics of intermediary contract, which belongs to intermediary contract. In order to deal with the fierce market competition and avoid the principal’s dishonest behavior, the intermediary company set the prohibition of "jump list" terms in the contract, this kind of terms is the intermediary company unilaterally formulate, which is the standard terms.most of the statements is prohibit the principal clinch a deal in private or prohibit the principal choose the other intermediary company to clinch the deal, otherwise pay calculated on a percentage of default payment. The controversial in practice is how the effect of the clause and under what circumstances the principal to form a "jump list" behavior. In our country, the commissioned phenomenon present to the real estate selling and purchasing market under the present situation. Based on the protect the interests of the intermediary and the principal, how to confirm the clause’s effect and analysis the "jump" behavior’s elements and how to protect the intermediary’s rights is an issue worth exploring. Because of the prohibition of "jump list " clause on the basis the intermediary’s remuneration claims, so, analysis the jump behavior should be contributed to the foundation of the causal relation between the intermediary’s behavior and the formation of contract. Based on the legal practice of Taiwan, the paper identified the intermediary remuneration in the case of "jump list" right to be exercised. On the one hand, the "jump list" behavior occurred of the principal’s dishonest behavior, on the other hand, vicious competition is caused by the intermediary market, Aiming at these problems, I put forward some suggestions to standardize the intermediary market.