Intermediary Business’s Civil Legal Responsibility Analysis In Second-hand Housing Sales Contract

With the second-hand house trading program more and more complex, specialization,networking, the housing intermediary market are growing. More and more apartments for salethrough an intermediary company. However, the existing legal norms of the agency aremissing, and the relevant legal provisions on intermediary are also very vague. Provisions onintermediary contract is the only contract law from four hundred twenty-four to four hundredtwenty-seven four. The regulation of the real estate intermediary market is not perfect, butespecially in the sale of second-hand housing apartments for sale can can’t be done withoutthe intervention of an intermediary company. Especially like the tier cities, the agencyinvolved in the second-hand housing trading has reached80%. Such a market led to a lot ofpeople hate the intermediary company which is called "black company".so many times in thecourt proceedings, the judge sometimes have the feelings, which will inevitably lead to thejudge deciding a case of adding too much personal emotion, and the fairness and impartialityof the law can not reach. Due to the lack of the civil liability provisions of the interveningparties, leading to a lot of no legal basis in the administration of justice, and even thejudge-made law occurred.The author is discussing the injustice appearance wich is leaded to by the the lack ofjudicial injustice through an analysis of a typical judicial cases.Provide a useful reference tothe period of the distribution on the civil liability of the intervening parties in the legislativeand judicial trial.The first part is the introduction of judicial cases, which mainly introduce, the civilliability of the intervening parties identified with the judge in the administration of justice. Inthe administration of justice, the judge identified accountability based on the size of faultliability. The second part of this article is the important part, the first judge to draw intermediaryhousing contract for the sale invalid Contracting Fault Responsibility contract relativityprinciple of judicial cases, can only be undertaken between Parties. And not extended to theintervening parties outside the contract of sale. Followed from intervening party truthfullyreporting obligations of judicial cases were analyzed and the current provisions of thelegislation, as well as intervening imperfect legal system, intermediary truthfully reportingobligations and comprehensive due diligence obligations are too harsh. Third, from theanalysis of the impact of the warranty obligations of the seller’s rights to the civil liability ofthe intervening parties. The seller is liable for warranty obligations of the rights of the subjectmatter, the intervening party can only review and tips obligations, based on the materialsubmitted by the seller if the seller intentionally concealed is difficult to know, as anintervening party ’s. Fourth from the intermediary Disclaimer of warranty obligations onrights analysis, based on the principle of autonomy, intermediary exemption clause in thecontract, should abide by the agreement between the parties in the administration of justice todecide cases, reflects the private law autonomy. Finally, by analyzing the cases, the authorproposes the thinking about intervening party civil liability and suggestions for improvement.Legislative proposals to establish and improve the information to the system and intermediaryconditional due diligence obligations and clear intermediary liable for damages of constituentelements.