A Legal Analysis On The Jump List Behavior In Intermediary Contract Of House Deal

Intermediary activities in order to facilitate the trading of the seller and the buyer to provide information on the transaction of the media acts. In recent years, housing market development is in the ascendant, housing agency for the promotion and encouragement of housing transactions has played an important role. As the "contract law" and "housing intermediary services management approach" to the housing sales intermediary of the relevant legal rules are simple and rough, so that the rights and obligations of the parties in the intermediary relationship is not very clear. In real life, some clients in order to avoid the commission payment obligations, in the intermediary provides transaction information, intent on making intermediary failure of illusion, thus bypassing intermediary institutions and the use of the transaction information directly with the housing sales contracts entered into, within the industry, commonly known as "jump" behavior. "Jump single" behavior to a certain extent, the damage to the interests of intermediaries, is very easy to trigger a civil dispute. Although the Supreme People's court in the form of "guiding case" to determine the specific circumstances of "jump" of the behavior rules of adjudication, but "jump" existence foundation housing intermediary contract legal nature and effectiveness, "jump" behavior of the legal nature and the elements, the prohibition of "jump" in terms of validity and the intermediary person's right to request compensation effect, "dance single" intermediary remuneration claim occurrence point and other issues in the judicial practice still need to be made clear. Based on this, this paper from the housing transactions "jump phenomenon" cut, through a detailed analysis of the problems mentioned above, and reasonably distribute the rights and obligations of the housing intermediary contract parties, provide reasonable suggestions for effective regulation "jump" behavior. Specific can be divided into the following parts:The first part, the legal nature and effectiveness of housing sales intermediary contract. Effective housing intermediary contract is the premise of the existence of the "jump" behavior. The article on the combs the theory based on the controversy about the sale of housing intermediary contract qualitative analysis of this kind of contract the essence of the legal relation, think in modern society, the sale of housing intermediary contract in General Department of intermediary contract; however, as agreed in the contract intermediary institutions to provide in the collection of the deposit and loan charge service commissioned the coexistence of legal relations in legal relationship and the intermediate mixed contract. Housing intermediary involved in the contract of brokerage department Connaught, bilateral, paid, non-unifomed contract, under normal circumstances, since the meaning of the parties said is established and validated. Intermediary intermediary behavior is to facilitate the transaction does not affect the contract potency, but decided that the intermediary is entitled to the right to claim compensation.In the second part, the Supreme People's court No.1 case guidance reflects the "jump" legal problems, a detailed analysis of the judicial organs for the "jump" behavior of the basic position, also review the guidance case reflects the difficulties in the legal application.The third part, the composition and nature of the principal "jump" behavior, mainly solve the "jump" behavior of the elements and the legal nature of the problem. Think "jump list" behavior elements include:intermediary contract established and effective, commissioned by the people in fact by the broker to provide trading information or opportunities, commissioned to bypass intermediary direct third party transactions. The behavior of "jumping one" is a kind of breach of contract obligation in order to avoid the obligation of payment.The fourth part, the problems related to "jump" of the right to claim payment intermediary behavior in. Analysis of the different types of intermediate behavior to "jump" of the intermediary person's right to request compensation effect, banning "skip the validity of single terms," and was "jump" intermediary reward request right of the point problem. Think "jump" phenomenon in, report intermediate people enjoy the reward request right is principal of conclusion of the contract of the third party and the contract index and the broker to provide information with the same; medium intermediary people enjoy the reward request right is to provide the information required to have "substantial connection" with the contract results, that is entrusted to people and intermediary approached the third person in the same or similar conditions concluded the contract. Exclusive commissioned by the terms if in aggravating the principal obligor does not automatically increase its own obligations, which belongs to the invalid provision; for the intermediary in the contract agreement for the sale of the housing "bona fides" clause set that is similar to the relationship between rights and obligations of the "deposit punishment", but in essence is to restrict the principal contract action between the person and the third person. In the client will be "good faith" to be delivered to the agency, the agency is temporarily on the "good faith" to keep, do not enjoy other rights and obligations. If the intermediary fails, intermediaries "bona fides fee" shall be returned to the client. If the trustee with the third person to reach the intention of the contracting, intermediaries will be the "bona fides fee" to the other party to the sale of housing, which between the principal and the other party occurred deposit legal effect. For the intermediary institutions to be jumped, the right to compensation for the right to remuneration should be generated when the contract is signed between the commission agent and the house buying and selling party.The fifth part, the basic path of the reasonable regulation of "jumping" behavior. That should be from the basic types of clear intermediary contract and the term of entrustment; certainly full-time commissioned contract legal effect; clear intermediary of the duty of disclosure; clear intermediary provide real information of judgment standard to "jump" of the behavior regulation, to a reasonable allocation of the rights, duties and responsibilities between the broker and the client.