Research On Legal Issues In Housing Intermediary Contract

The real estate market continued to take the heat directly contributed to the development of the real estate agent, real estate agent listings use their grasp of buyers or to provide a platform for the sale of real estate transactions, real estate agency intermediary payment of remuneration, the so-called intermediary costs. Because the real estate agent commission fee charged is too high, the quality of service is not very high, buyers and buyers in order to be exempt from paying the high cost of intermediation, real estate agent in the critically aside privately signed the sale of housing, or to bypass earlier the real estate agent, a reasonable choice and the high quality of service intermediary intermediary costs, signed the sale of housing, which is called the "jump." The "jump" phenomenon so that part of the previous real estate broker and intermediary services in vain suffered great economic losses. In view of this, the real estate broker in the intervening contract added the prohibition of "jump" provisions to protect their own economic interests. In practice, about the real estate agent and home buyers due to "jump" breach of contract dispute increasing number of contract law only in the last chapter with a brief four provisions of the relevant content intermediary contract, the existing provisions are insufficient to regulations "jump" phenomenon.In this paper, the Supreme Court announced the case of the Central Plains, Inc. v Tao Dehua brokerage houses breach of contract case, for example, discusses the "jump" phenomenon related to legal issues. Guiding Case for "jump" phenomenon identified, prohibit "jump" standard terms determination and identification of intermediary remuneration claims is too absolute, the case represents only a "jump" breach phenomenon only cases with effect guiding significance is not great. The effectiveness of this article for the "jump" behavior found that prohibit "jump" provisions of the remuneration claims principal "jump" after the start on: "jump" behavior can not simply be regarded as a breach, according to the brokerage contract nature, combined with the client’s right to terminate any of them to "jump" behavior identified; prohibit "jump" clause can not be simply identified as the same standard terms, and declared its invalid, the intention of this provision is to bind the principal malicious "jump " behavior, safeguard the legitimate rights and interests of intermediary, intended to balance China’s Contract law is too biased to protect the client’s rights protection two intermediary neglect of protection, but in line with the Contract Law Article 39 and Article 40 prohibits" jump "provision should be recognized as invalid; on clients’ claims paid after the jump list" intermediary’s not because the intermediary unfinished intervening obligation not to support, compensation claims intermediary is uncertain and conditional nature "jump" behavior can be seen as the principal intermediary remuneration contributed misconduct claims conditions are satisfied, the court may request the right support at the right intermediary’s obligations under the circumstances intermediary remuneration. In this paper, the use of semantic analysis method, comparative study of methods for these problems are discussed. Inclination of this article is from the legislative and judicial point of view, combining theory and practice at home and abroad, on the "jump" to analyze the phenomenon of the "jump" phenomenon finds that the standard terms of judgment and legal claims intermediary remuneration protection to seek a breakthrough. This is the paper tries to achieve.