Research On The “bypassing” Of Second-hand Housing Intermediary

In the past few decades, China has seen rapid economic development. In the mean time, real estate markets keeps growing significantly, among which secondhand housing exchange is especially hot. However, since the immature of real estate agency market, especially the lacking of corresponding laws and insufficient market regulations for competition, there are more and more conflicts between buyers and agencies. As a result, bypassing the listing agent becomes much more common than ever before. This phenomenon not only adverse the whole real estate market growth, but also may harm the overall economic development. To resolve this issue, the key lies on the definition of “bypassing”, for which the academic community is still trying to come up with a standard. As for the existing ban on bypassing, its effectiveness is still in question since it doesn’t state whether the fines can be imposed or not. Regarding the legal processing of bypassing, economic analysis of law will be applied for each individual case, which can effectively solve the lacking of corresponding law, as well as improve market efficiency. In summary, bypassing issue needs to be identified and deeply analyzed in order to reach effective suggestions for potential law, which helps regulate the secondhand housing market. By introducing the secondhand housing market and its potential problems in the introduction,the rest of the thesis is organized as follows:By analyzing the nature and characteristics of intermediary contract to explore the sale of secondhand housing intermediary contract connotation, we learned that secondhand housing intermediary contract contains both nature of report intervening and media intervening, but also is a mixed commission which contains two properties of intermediary contract and commission contract.Explore the definition, categorization and cause of bypassing. Identify all elements that contribute to bypassing. Clarify that bypassing and breach of contract are different concepts. Use the comparison between these two concepts as a background for the legal consequences descried in the next chapter.Analyze the legal effectiveness of law that bans bypassing under different situations. According to different views, the effectiveness varies and depends on the specific condition.Discuss the legal consequences under different conditions. Furthermore, from the view of economic analysis of law, when there’s a significant gap between actual transaction prices versus the agreed prices, this approach is not always the best. Instead, responsibilities of both parties should be analyzed to reach the best solution. At last, I make some recommendations of bypassing.