Housing Transaction Intermediation Contract Disputes Study

With the rapid development of social economy, Intermediary Service plays an increasingly important role in our daily life. It is especially true in the market sale of second-hand homes。In recent years, the real estate economy is fast-developing, the market of Second-hand homes is continuously hot, emerging intermediary companies provide convenience for the buyers and sellers, and make important contributions to the prosperity and development of the market for the sale and purchase. But due to the disorder of housing intermediary market and the lack of relevant laws and regulations, disputes between the principal and intermediary companies on housing transactions have a rising trend, and the courts at all levels are also continue to deal the relevant cases。Because of the disunity on the applicable law, different courts and judges to such cases have different understanding, different judgments on one case is often happened。In the face of all sorts of problems in judicial practice, The Supreme Court issued guidance on brokerage contract cases that Shanghai centaline property consultants co. LTD. V. Tao Dehua brokerage contract dispute, thereby guiding the judicial practice and the handling of brokerage contract dispute.This article will analyze the focus of disputes between Shanghai centaline property consultants co. LTD. V. Tao Dehua brokerage contract, also discuss the particularity of brokerage contract and the effectiveness of the banning "jump" clause, and focus on the information asymmetry in the market of second-hand homes, analyze the cause of "jump" behavior by using the information asymmetry, based on the analysis on the focus of controversy to put forward my own suggestions, such as formulate unified intermediary contracts and make the intermediary undertake Special inform obligation on forbidden clauses, make perfect information disclosure system to alleviate the information asymmetry in the market, thereby reducing the disputes and promoting housing intermediary market healthy and orderly development.