The Study Of “Jump List “Behavior On The Real Estate Sale And Purchase Intermediary Contract

In recent years, with the continuous development of the real estate market, Real estate agencies are playing an important media role in the real estate market apparently. And it has become a significant part of the real estate market. The real estate agency and the market interact,affect each other mutually. The self development of real estate intermediary institution can also promote the development of the real estate market. However, although the development and progress in real estate market are being made, it still cannot catch up with the pace of the development of the real estate market. The contradictions between the agencies and the clients are growing, especially the "jump list" behavior which is affecting the development of the real estate market. At present only the Supreme Court in 2011 issued NO. 1 guiding case towards the "jump list"-- Shanghai Centaline Property Consultants Ltd. sued Tao Dehua intermediation contract dispute case. The case just provide some guidelines for the settlement of the "jump list" which cannot completely solve this dispute behavior. And in practice, justice is not uniform, these problems draw my thinking. Solution to the disputes cannot work without the accurate hold of the main contradiction. Therefore the analysis herein to "jump list" behavior in the real estate sale contract are as follows:Part Ⅰ is an overview of "jump list". The definition of "jump list" summarized from the analysis of some scholars viewpoints: the clients enter into a intermediary contract for the purchase of housing. The agency agreed to provide necessary intermediary services aiming for buying or selling a house. After the target reached, brokerage paid for intermediary services as stipulated in the contract is agreed by the client. But some clients choose to deal with housing ownership in private transactions or other intermediaries avoiding to pay the intermediary remuneration. As the case stands,getting the deal done takes advantage of housing information and contracting opportunities that the intermediary institutions provided. This behaviors of the client is called as the "jump list". Then the text lists the features and manifestation.Features: the contract relationship exists, cognitive-behavioral, contract obligations, infringement of creditor’s rights.Manifestation: " half jump", " totally jump", "cryptic jump". And then the text analyzes the emergence of "jump list" behavior because of the price or the friends. The deep causes of it : the legal consciousness is not high enough, intermediary institutions are not to fulfill obligation of intermediary service, the cut-throat competition of intermediary market. And the behavior bring about risk of the losing of lawsuit, vicious competition, and the increases of security transactions. Next the text analyzes the legal attributes of "jump list" behavior which are consist of in the following four aspects: infringement of the creditor’s rights, the illegal nature--breach of contract, the main body is the intermediary contract clients and the personal subjective fault.All the above come into the conclusion that "jump list" is the default behavior.PartⅡ is the identification of “jump list”. The standard can be divided into five aspects as follows. The effective entrustment agreement is existing between clients and agency. The agency actively fulfilled there contractual obligations. The clients use intermediary service information provided by the intermediary agency. The clients’ evading payment of remuneration and reaching an real estate transaction agreement with the third party.In the part Ⅲ, the effectiveness of the "jump list" clause is prohibited. Terms of the banned "jump list", refers to the real estate intermediary intermediary institutions to provide the format of the terms and conditions, including the ban on the principal of "jump list", and "jump list" ACTS as the principal want to assume the responsibility of breach of contract or all commissions. By explaining the ban trading habits and autonomy "jump list" clause is valid, excluded by a client of any termination right and responsibility of this ban "jump list" clause is invalid.In the part Ⅳ, the text examined the “jump list” expenses incurred through three aspects of intermediary payment right of claims, compensation claims for breach of contract and the necessary expenses claim right of "jump list" behavior. Furthermore, the text expounds intermediary payment right of claims by analyzing the causal relationship between intermediary behavior and contracting results,the completeness of intermediary behavior, the intermediary how to get paid.The part Ⅴ mainly proposed some strategies for dealing with the “jump list” behavior. Through the real estate intermediary service contract, determine the intermediary remuneration standard, build trade credit mechanism, establishing the housing sharing mechanism, perfecting real estate brokerage industry norms, improving the real estate brokerage to prevent the risk of “jump list”.