Research On The Problem Of �Skip Real Estate Agency� In Housing Sale Intermediary Service Contract

In recent years,the real estate market has kept prosperous,and the housing intermediary agencies continue to play an important role in the media,especially in the second-hand housing market.It's a common way for second-hand housing buyers and sellers to complete the transaction through the housing intermediary.The surge in the number of housing intermediaries,resulting in uneven quality of service,and even the emergence of the phenomenon of arbitrary charges,fraud,market disorder,constant disputes between the housing intermediary agency and principal,the �skip real estate agency� disputes are particularly prominent.For the second-hand housing market disputes �skip real estate agency�frequently,and China's current relevant of legislation lags behind,the academic and judicial circles in the dispute resolution has not formed a unified opinion,�skip real estate agency�disputes greatly intensified further.To promote the healthy development of the real estate intermediary industry,a typical case of �skip real estate agency� dispute in the housing sale intermediary service contract is chosen as the research object in this paper,in-depth analysis of the legal principles behind the phenomenon of �skip real estate agency�,based on our current laws and regulations,strive to find a balance of interests between the housing intermediary agency and principal,and effectively safeguard the legitimate rights and interests of both parties.Apart from the introduction and conclusion,this paper is divided into four parts:The first part: introduction of the case.The house sellers in a number of housing intermediary agencies listed on the sale of housing,the defendant Bian's husband got the housing information from the LiHaoXin intermediary company and led to inspect the case involved housing,while the plaintiff Zhongyuan company led the defendant Bian to check out a field inspection of the house,then signed an intermediary service agreement.Finally,the deal was successful with the LiHaoXin company's intermediary,the defendant signed a housing sales contract with the housing seller,and paid the intermediary remuneration.The plaintiff requested the defendant to pay the damages on the grounds that the defendant violated the agreement.The second part: the focus of controversy.According to the case,summed up the focus of controversy in this case: First,the legal nature of the agreement signed by the original defendant;Second,the efficacy of the prohibiting �skip real estate agency� clause;Third,whether the defendant Bian breached the �skip real estate agency� contract.The third part: legal analysis.First,in this case,the original defendant signed the housing sale intermediary service contract,as to the definition of the legal nature of the housing sale intermediary service contract,this paper compared the legal provisions of the civil laws and common laws countries and regions,as well as domestic theoretical controversy,then come to a conclusion that the legal nature of the housing sale intermediary service contract cannot generalize,it should be analyzed by both the specific case and the content of the contact;Second,the legal effect of the prohibiting �skip real estate agency� clause,after analyzing the legal attitude of foreign countries and domestic theoretical controversy on the prohibition of�skip real estate agency�,draw the conclusion that the analysis of the legal effect of the prohibiting �skip real estate agency� clause cannot be separated from the rights and obligations of the parties,combining with the specific circumstances and provisions of the content to analyze the legal effect of the clause is more desirable;At last,on the determination of �skip real estate agency� breach,primarily distinguish with �skip real estate agency�,then combine the referee essence of guiding case No.1,sum up the four conditions of �skip real estate agency� breach of contract: The delegated authority of the housing intermediary agency is the exclusive agent or general agent;Whether the housing intermediary agency actively fulfills its intermediary obligations;Whether the principal uses the information or other conditions provided by the housing intermediary agency;Whether the principal has the malicious of escaping the payment of the intermediary fee.The fourth part: research conclusion.According to the above analysis,the conclusions of the study are as follows: First,the agreement signed by the original defendant is a brokerage contract;Second,the clause of prohibition of �skip real estate agency� is the standard clause provided by the plaintiff.However,there is no exemption from the responsibility to aggravate the other part's responsibility,or limit the main rights of the other party's legal and effective;At last,the defendant Bian's behavior was �skip real estate agency� behavior,but it did not constitute a �skip real estate agency� breach of contract.