A Study Of Real Estate Agencies' Civil Liabilities For Unreal Housing Information Disclosure

Real estate agent is a bridge between the buyers and sellers,and plays an important role in the whole real estate market transaction.Real estate intermediary brokerage to entrust broker provides a convenient platform for the information,can promote the completion of real estate transactions,accelerate the velocity of circulation of real estate,real estate resources and the allocation and utilization.However,as the intermediary market of real estate,the land and real estate intermediary institutions,the good and bad are intermingled of disputes is increasing also,entrust broker damaged because of this,the rights and interests can not get effective guarantee;Meanwhile,the real estate agent industry is experiencing a "credit crisis",which hinders the further development of real estate intermediary market.Various forms of dispute in practice,but most of the cause of the dispute are related to real estate intermediary false housing information disclosure,housing information held by real estate agents,this in order to get the commission and provides possibility for false housing information disclosure.Most of the government regulations are administrative measures,and there is no good regulation effect on real estate agents.If the related legal system construction lags behind the development of real estate intermediary market,it will not solve the problems in the development of real estate intermediary market effectively,thus hindering its long-term development.The reasons for the continuous emergence of real estate agent information disclosure have a lot to do with the lack of a perfect civil liability regulation system in China.About real estate agents,therefore,not real housing information disclosure the study of the civil liability,civil liability is helpful to build real estate intermediary regulation system,effective safeguard client rights and interests,avoid similar disputes,real estate agent and trust mechanism between entrust broker,give play to the important role of real estate agents.The paper is divided into five parts:The first part,first of all,the real estate intermediary itself and its core status in the civil legal relation in intermediary business are analyzed,and will be in the form of lists typical cases in the practice of estate agents about false housing information disclosure has carried on the detailed classification,through the detailed classification analysis of this kind of behavior in theory and practice,the reason,the analysis of the fundamental problems to discuss in detail for later false housing real estate intermediary information disclosure civil liability as a foreshadowing.The second part of the estate agents to false housing information disclosure analyze the particularity of civil liability,analyses the behavior applies the theory of civil liability,both the principle of fairness,honesty and credit,and the theory of trust obligations legal theory basis,also have housing information features,and the theory of information disclosure based on economics theory.And then analyzes the real estate intermediary false housing information to disclose the nature of civil liability and the liability concurrence dual processing,finally after analyzing the real estate intermediary,the necessity of special civil liability,on the basis of the preliminary design on special civil liability means the type of the frame.The third part is the cognizance of the civil liability of the real estate agent ' s non-real estate information disclosure,in which the rule of conformity with the degree of fault,the rules of interest balance and the rules of " credit association " make up the loss of the rule for the determination of civil liability.Thefourth part first to our country real estate intermediary information disclosure legal system of civil liability of false availability status was analyzed,and the related law is not sound,the lack of civil obligation of both real estate agents false housing information disclosure of a legal reasons,also hindered the further development of the real estate agent.A series of defects in the civil liability system of real estate agent information disclosure are the requirements for the perfection of the system.The fifth part,and it is the most important part of this article,from abstract to concrete,through the study of these problems,put forward the concrete way of multiple-level civil liability,both the general way of civil liability,also has a special way of civil liability,special compensation,punitive and administrative support three types of has strong pertinence,finally also elaborated the real estate intermediary reduced,exempted from liability in the case,help to clarify the civil liability of the real estate agent,operation with practice.