The Study Of The Analysis Of "Jump List" Phenomenon In The Real Estate Sale And Purchase Intermediary

The Supreme Court of China issued a notice about the publication of the firstbatch of guiding cases (No.[2011]354)(herein after referred to "Notice")onDecember20,2012. The "Notice" put forward the "jump offer" phenomenon in thecontract of Real Estate Sale as the No.1guiding case, which illustrates that "jumplist" is a widespread social phenomenon in the second-hand house trading market,even the judicial authority has pay attention to it. Therefore, the Supreme Courtprovides practice guidance to the real estate service in the form of guiding case. Thispaper is trying to find the judge spirit of the Supreme Court on such cases byinvestigating the guiding cases. Also, combined with the related theory abouttrading activities in real estate market, this papers it trying to explore the legal issuesof the client "jump offer" phenomenon in the real estate agent activities. The authorwill illustrate his point of view in the following five chapters.The first chapter is introducing the basic facts of the case, including theoriginal provision of “Notice" issued by Supreme Court, specifically including the introduction of the case, the statement of plaintiff, the arguments of defendant, thefact Court founded, the verdict and reason of the court.The second chapter analysis the similarities and differences between agentcommission contract and estate intermediation contract by investigating the legalstructure of agent commission contract in real estate, especially in the aspects oflegal characteristics and the nature of the contract. At the same time, this chapterconfirmed that real estate intermediary service contract has the nature of mixedcontract.The third chapter analysis the application of legal issues on real estateintermediary service contract, the author adopted the doctrine of analogy to applythe different situation in Contract Law.The fourth chapter starting from the nature of the intermediary contract, theintermediate contract is considered as a special form of commission contract;therefore, the client can apply the provision in termediary commission to terminatethe contract. Besides, this chapter also discussed the time and conditions client canapplied, that is, report intervening should be released before the client access to theinformation and media intervening should be released before the two partiesestablished the contract.The fifth chapter summarized the “jump list” phenomenon.The paper do typedsummary of the manifestation of the “jump list” behavior, and then analysed theelement of the “jump list” behavior. One of the key point in this part is that whetherthe prohibited “jump list” term of the format is valid or not and whether maliciousjump or not to buy a house in the real estate agents in a reasonable period after theshowings services. Finally, based on the legal practice of the Taiwan Area and theSwiss law of obligations, the paper identified the intermediator remuneration in thecase of the "jump list" right to be exercised: No matter whether the broker was as a medium, or the broker took part in the agent. As long as the successful transactionowned to the opportunity which was provided by the broker, the broker can ask theclient for a pay. If the client contracted with purchaser which the intermediary didn’tknow, he can also ask the client for a pay. No matter whether the client terminatedthe brokerage contract or not, or made a bargain afterwards.