Research On The Problem Of “Jump-Treaty” In Brokerage Contract Of House Deal

In recent years, under the influence of rapid development of our economy, the purchasing power of ordinary people constantly strengthen, the demand for houses of the ordinary people greatly increased, real estate as the basic industry in our country also got fast development, the market of the real estate is becoming increasingly prosperous, accordingly, a great quantity of housing intermediary agencies have emerged, and the number is increasing. The buyers and sellers of house purchase and sale through the housing intermediary agency has become a common way. At the same time, more and more disputes between the principal and the housing intermediary agency appears, especially the fact that principal’s behavior of ‘jump-treaty’, which has a bad effect on the development of the real estate market in our country.In addition to the introduction and conclusion, this paper is divided into four parts, the specific contents are as follows:The first part, mainly introduces the basic facts of the case and the court’s judgment, put forward the focus of controversy about the case. This case mainly involves three controversial focus: the first controversy focus is the legal nature of ‘house confirmed form’. The second controversy focus is the efficacy of article 3 of ‘house confirmed form’. The third controversy focus is whether the defendant’s act breached the contract.The second part, legal theory analysis of the focus of controversy in this case. Firstly, the definition of the legal nature of ‘house confirmed form’ in this case. Introduce the concept of brokerage contract, the legal characteristics of brokerage contract, and the efficacy of the brokerage contract. Introduce and analyze the difference of the brokerage contract and the commission contract, trading-trust contract. Confirm the legal nature of ‘house confirmed form’ combined with this case. Secondly, the efficacy of article 3 of ‘house confirmed form’ in this case. Introduce and analyze the concept of standard terms, the characteristics of standard terms, the efficacy of standard terms. Confirm the terms of ‘jump-treaty’ combined with the case. Thirdly, the analysis of whether the defendant’s act breached the contract. Introduce some concepts about ‘jump-treaty’, find something common behind the concept, define the concept of ‘jump-treaty’; introduce the classification of ‘jump-treaty’, analyze the causes of ‘jump-treaty’, analyze the elements of ‘jump-treaty’.The third part, the study conclusion of the case. Firstly,the ‘house confirmed form’ is legal and effective, it belongs brokerage contract. Secondly, the terms of ‘jump-treaty’ is legal and effective. Thirdly, the defendant’s act does not breached the contract.The fourth part, suggestions of standardize the behavior of ‘jump-treaty’ in brokerage contract of house deal. Firstly, introduce the institution of exclusive commission. Secondly, give the right of cancellation to principal. Thirdly, standard the behavior of housing intermediary agency. Fourth, improve laws and regulations, standard the behavior of ‘jump treaty’. Fifth, the housing intermediary agency’s precautions of ‘jump treaty’.