Research On Brokerage Remuneration Claims In Real Estate Brokerage Contract

According to the provisions of contract law of China, the realization of brokerage remuneration claim depends on whether the broker promotes the client to contract with a third part. In this perspective, brokerage remuneration isn't obtained by using the labor service of broker as the consideration rather than the result of broker labor service. Therefore, it shows uncertainty. The provisions use protection for the interests of client as the original intention and prevents the broker for abusing its own dominant position. In the practice of real estate brokerage, client and broker always make agreement of using transferring of house property rights as the element for obtaining brokerage remuneration, in addition, the labor service completed by the broker during real estate brokerage also exceeds the scope of brokerage behaviors of general brokerage contract, including general brokerage activities, water rate payment, transfer ownership and other business. According to the principle of contract autonomy, the agreement between client and broker is understandable.Thus, the client easily shows the tendency of opportunism of evading brokerage remuneration or paying lower, resulting in "Skip agent" risk. This phenomenon forces the broker to introduce the responsibility clause of prohibiting breach of "Skip agent" in order to improve its position. If this clause isn't made, "Skip agent" of the client belongs to the category of autonomy of will. When the clause is agreed, the client may bear the responsibility of breach to the broker. "Skip agent" and exertion of brokerage remuneration claims are judged by whether the clause belongs to exclusive commission and causal relationship between multi-brokerage activities and contract formation. The broker proposes claims for responsibility for breach of contract when exclusive agent skips. If there has casual relationship between pre-brokerage activities and contract formation, the broker still enjoys brokerage remuneration claims. The concurrence still exists. The exertion is based on no matter which one they choose. If non-exclusive client skips, the client will not be found to be in breach. He will take a risk in paying numerous and complete brokerage remuneration. This clause will be amended based on common reason standardAccording to deficiency of brokerage remuneration claims system, consummate suggestions will be proposed on standardization of real estate brokerage and brokerage legislation. First of all, the market access of broker of real estate should be strict and real estate brokerage be regulated. In addition, the broker is made to strengthen the reservation of evidence of real estate brokerage behavior, providing evidence for causality between subsequent brokerage and establishment of the contract. Secondly, for "Skip agent" phenomenon that frequently occurs in real estate brokerage, the effect of "Skip agent" clause should be prohibited with the legislation. In addition, whether or not it belongs to exclusive commission should be determined and distinguished. Make correction in terms of form and content. Specify the obligations of client, distinguish brokerage remuneration and other brokerage expense, establish brokerage remunaration system with division of phases and types.