Study On The Jump List Behavior In Intermediary Contract Of House Deal

Intermediary contract system is a civil and commercial matters established in many countries. Inrecent years, with the development of the real estate market, the housing agency plays an essential role inthe trading of intermediate housing. Because China’s "Contract Law" and "housing brokerage servicemanagement approach" only have a small amount of the contract provisions shall be the intermediaryprovides content rough, low effectiveness of rank, can not meet the development of real estate industry inthe intervening practice."jump list "phenomenon occurs frequently, judicial practice" jump list "refereecase is not uniform. Which reflects the various problems of the legal system in the presence of intermediatehousing sales, must be resolved.In the housing buying brokerage services activity,"the real estate buying confirmation" as the mainform of housing brokering service contract, has the nature of intermediary contract, it should be recognizedas intermediary contract. The jump list is an objective phenomenon, that the principal skip through theintermediary and then complete the transaction with other. By analyzing the academic point of viewcurrently, we should not consider the client’s subjective malicious, but judge from the following fouraspects:(1) intermediary contract is founded, which is the starting point of identify jump list;(2)Intermediary have performed the contract, that is the basic conditions;(3) the principal skip through theintermediary and complete the transaction with a third party, this is the important addition;(4) theintermediary’s behavior is contributed for the principal’s transaction, which is the core element to identifythe jump list behavior.Prohibits jump clause as a general standard terms, can not deny its effectiveness just because it is astandard terms, must be based on the actual content of the terms, and in accordance with the Contract Lawto find it whether have the invalid, revocable, can be changed or not, so established the evaluation criteriaand methodology. On this basis, we can explore the jump list behavior is breached the contract or not.When the intermediary have performed the contract, the principal have founded the transactioncontract, and the intermediary’s behavior is contributed for the principal’s transaction, then intermediaryentitled to compensation claims; according the breach theory, the principal should bear the liability forbreach the contract. So that the compensation claims and claims for breach of the contract are concurrence,intermediary can only choose one.The responsibilities’ scope have to consider the contract’s agreement, the parties’ fault, the reality lossof the intermediary,and the reasonable income loss, especially the intermediary’s behavior, which the sizeof the contribution, and so on. Finally, return to the1st guide case, According to the identified principal ofthe jump list, analysis that Dehua Tao did not constitute the jump list behavior, but according the ContractLaw, he should return the necessary expenses to Zhongyuan company.