On The Obligation Of Telling Truthfully In The Intermediary Contract Of House Sale And Purchase

In recent years,with the rapid development of the real estate industry in China,the service of the house is becoming more and more important.But in the housing service,the amount of information between the two sides is often unequal.In this case,if the lack of regulation,will lead to a series of trading crises.This phenomenon can be corrected effectively by the truthful obligation of informing in the house sale and purchase intermediary contract.Due to the absence of legislation and the lack of research,so far,the relevant contents of the truthful disclosure obligation in the housing sale and purchase intermediary contract are still not clear,which leads to the dilemma of practical operation.On the one hand,there are constant disputes over intermediation of house Sale and purchase,on the other hand,different judgments of the court on the same case.Therefore,it is necessary to conduct a comprehensive and systematic study on the truthful obligation of informing in the housing sale and purchase intermediary contract in order to solve the problem better.Based on the systematic analysis,this paper puts forward some new points of view on the basis of systematic analysis through the collation and summary of the previous research data,hoping that this will be helpful to the improvement of relevant theories.The content of this paper is divided into four parts: The first part lays a theoretical foundation for the study of the truthful obligation of disclosure in the housing sale and purchase intermediary contract through the elaboration and combing of the relevant theories of the intermediary contract and the truthful obligation of informing.The second part analyzes the current situation and problems in the legislative and practical aspects of the obligation of telling truthfully in the intermediary contract of house sale and purchase in the real estate transaction in our country through some collation and case discussion,which lays the foundation for the study of the theory and the perfection of the law.The third part is about the theory of the obligation of truthfulness in the house purchase and sale intermediary contract.This part analyzes the object,content,degree and behavior of the obligation of truthful notification on the basis of the relevant experience at home and abroad.These contents are still in dispute,and it is also an important part of solving the truthfully informed obligation.Therefore,it is the focus of this paper for systematic analysis and research.In previous studies,the obligation to truthfully inform focused on mediators,with little reference to clients.Therefore,this article will carry on the correlation analysis to truthfully inform the duty of the client,make up the shortcoming of the previous research,this is the innovation of this article.The fourth part is the analysis of the duty of disclosing truthfully in the house purchase and sale intermediary contract.From the four aspects of responsibility,responsibility,responsibility and exemption from breach of truthfully informing obligation,the truthfully informing obligation of housing transaction intermediation contract is further elaborated.This part focuses on the nature of the responsibility of failing to fulfill the obligation to inform truthfully in the housing sale and purchase intermediary contract and the responsibility to bear the responsibility.And in view of the past controversial issues put forward their own point of view,strive for a breakthrough.