Study On The Broker’s Obligation To Inform In House Transaction

With the progress of the times, the economic and social development, for the majority of the people of China, meaning of houses is far more than a shelter, but carries the pursuit of living and working in peace and contentment. Consumer demand for housing gradually from the quality, size, location, and gradually expanded to the living environment, facilities, transportation factors, appreciation potential, etc.. Because the real estate transaction involves many links, the scope of legal field is wide, the sale of housing has strong complexity, need professional intermediary companies involved to help carry out the operation. At the same time, due to grasp the buyers and sellers of information asymmetry, the level of housing related information and the amount of information quality, the consumer decision-making produced a significant impact. In this case, such as the transaction information delivery problems, it is easy to lead to disputes.The current laws and regulations on the intermediator truthfully inform a governor of unclear definition. In the trial practice, a substantial increase in the number of real estate intermediary contract dispute, which relates to truthfully inform the contradiction is a common occurrence. In the current judicial practice, information on the physical properties of the housing, the right to membership information, status information, market information, clinch a deal the intention has been clear for the sale of housing intermediary people need to perform the disclosure information. But for housing the environment facilities(power distribution room, industrial noise dust pollution) and in House History( "Xiongzhai"), the court in the trial no uniform standard to follow, more rely on the judge’s personal idea and discretion. Therefore, there are a different codefendant.Looking abroad, the United States, Britain, France and China’s Taiwan area of real estate transactions truthfully inform the obligation from the legislative and judicial practice, but generally speaking, the real estate transactions in the relevant information and actively inform both the more clear and strict regulations. Mainly can be divided into two modes. A typical representative of the United states. Mainly to insist on buying and selling the market economy with the buyer’s risk, the buyer has a considerable investigation obligations. But if the corresponding information is an important information that affects the value of the house and the transaction is completed, it also provides a corresponding obligation to truthfully inform. The other is a typical representative of france. Government agencies and social institutions cooperate with each other, notary agencies and other third party bear the relevant information in the investigation and verification, the obligation to inform.Only to determine the scope of information, to fulfill the objective criteria for the obligation to set, and to determine the scope of information, the first to be clear is the scope of the information. Reference foreign experience, considering the situation of our country, the information associated with the contract standard summarized as: have the relevance and importance of. At the same time, the broker has the possibility to obtain information. In the type of information that can be classified into the information, the main can be divided into the basic information of housing, housing for the sale of people’s information, the housing transaction procedures and policy information, in addition, in particular, to pay attention to the historical information of housing surrounding environmental information. Environmental information mainly refers to the external environment, such as whether there is chemical area, heavy industrial zone, and so may affect air quality, smoke and dust, noise pollution sources. Historical information refers to the information that has occurred to the residents of the mental or emotional distress or burden. The most typical is the history of housing information "xiongzhai".Intermediary in the contract, different clients of information have different needs, and different information of different trustors importance degree is different, according to the current situation of the development of China’s real estate market, it is recommended should pass legislation, will be truthfully inform the scope of information clearly and make relevant information become real estate transactions intermediary method to inform. Especially pointed out that the current urgent need to perfect in the legislation and judicial interpretation is likely to reduce the defect information of the value of the house. Can be from the nature of the serious and has a considerable size, and the proposed transaction of housing distance is closer, and the transaction time is more than three aspects of the practice of environmental and historical information range of specific limited.And contract related matters is the intermediary housing sale truthfully informing obligations of content, access to comprehensive and real information is intermediary to fulfill the obligation to truthfully inform the premise. Therefore, the intermediary shall try to access to comprehensive and contracting related matters. Intermediary play advantage of expertise and experience, to broker should inform the scope as the basic standard, integrity and authenticity of the information to the information to make professional judgment to meet the requirements of information true and comprehensive. At the time of the announcement, the information should be informed with the parties during the period of the contract. If there is no agreement between the parties, the first time to inform the client of the information will be informed in a timely manner.