Research On Real Estate Purchase And Sale Intermediary Remuneration Claim

Chapter23of contract law has identified all legal rules of intermediary contract, which distinguished intermediary contract with other service contracts. The fundamental characteristic of intermediary contract is that the exercise of intermediary remuneration claim depends on the establishment of sales contract. From this perspective, intermediary remuneration claim is uncertain. The legal rules are designed to protect the principal and to prevent the mediator disusing his vantage. However, with the heating up of real estate industry, the inherent flaws of the rules exposed. Legislators only consider the risk of violation by intermediary, but fail to prevent the opportunism tendency of the principal. The practice of "jump list" in the field of real estate industry is the best explanation to the question.The scope of the essay is limited to the field of real estate sale and purchase. The full text includes three parts:introduction, main text and conclusion, and the main text divides into four chapters:The first chapter introduces the basic framework of intermediary remuneration claim by defining the concept of real estate intermediary and intermediary contract. The second chapter focuses on the pattern of payment, the exercise of right and its termination. This part analyses relevant regulations in foreign countries to improve our legal system. The third chapter is in a setting of two cases to find out the shortcomings of the existing legal system of the real estate intermediary. The last part introduces several measures to improve the legal system of our real estate intermediary.As a matter of fact, in terms of knowledge itself, there is no obvious innovation in this article. The questionable consciousness in this article arises from the reflection on the legal method from the perspective of legislation and judiciary in combination with the space-time background of the social changes and the judicial reform...