The Study On Disclosure Duties Of House Trading Intermediary

House trading intermediation contract is the most represented intermediation contract.A majority of house trading intermediation is provided by real estate brokerage agency.The main duties of real estate brokerage agency in house trading intermediation contract are informing house trading opportunities and attempting to negotiate a sale or an exchange.Disclosure duties are the main means of performing the duties of house trading intermediation contract.This paper focus on the disclosure duties of real estate brokerage agency in house trading intermediation,and intends to study systematically on all kinds of information that real estate should disclose and the standard of accurate disclosure.This paper mainly includes four parts:The first part reveals the problems in disclosure duties legislation and the disputes in disclosure duties cases.The acts and regulations regarding to disclosure duties in house trading intermediation ignore the particularity of real estate brokerage agency's disclosure capacity.In this case,the acts and regulations can't regulate the disclosure behavior of real estate brokerage agency properly in house trading intermediation.And consensus on what facts should be disclosed by real estate brokerage agency in house trading intermediation has not been formed and whether real estate brokerage agencies have duty to disclose accuracy is still on dispute.The second part mainly discusses the particularity of real estate brokerage agency's disclosure capacity.As the real estate broker is a professional real estate intermediary,who work in real estate brokerage agency;and the real estate brokerage agency is highly trusted by its principal.The real estate brokerage agency must have been more of ability to perform disclosure duties than common intermediary.The third part aims to find what facts should be disclosed by real estate brokerage agency in house trading intermediation by explaining the range of facts which are related to make a house sale contract and realizing real estate brokerage agencies' professional cognitive ability in house trading.In addition,this part intends to categorize the information that real estate brokerage agencies should give to principal in house trading intermediation.Real estate brokerage agencies should reasonable exercise the professional knowledge through education,experience,and examination,required to obtain a license to discover material facts which are likely to affect the conduct of principal and be an inducement of the contract,and inform material facts to the principal.The forth part focuses on the standard of the accuracy that the real estate brokerage agency should disclose.By clarifying the theoretic disputes over the subjective disclosure standard and objective disclosure standard,this paper intend to studies the professional skills that the real estate brokerage agencies exert to ensure the accuracy of the facts about house trading.Real estate brokerage agencies should ensure the objective accuracy of factual information,and take reasonable care the truth of evaluative information.