The Study Of "Jump List" Behavior On The Real Estate Sale And Purchase Intermediary Contract

The increasing development of the real estate second-hand housing transaction market brings with it complex legal issues.The emergence of the situation in which the trustee bypasses the intermediary and refuses to pay the intermediaries(commonly known as“jumping orders” and jumping agents)is a curse.The provisions of the “Contract Law” in China for the inter-party contract can be described as a word of pity,and there is no provision for the “jumping list” behavior,and it is not possible to better resolve practical disputes.Although Guiding Case No.1 issued by the Supreme People's Court in 2011,“Shanghai Zhongyuan Property Consultant Co.,Ltd.v.Tao Dehua ' s Intermediate Contract Dispute Case” aims to respond to the actual “jumping orders” issue and provide guidance to the court in dealing with relevant issues in the future.Sexual significance,but also because of its lack of reasoning and argument.Since after the signing of the house purchase and sale contract,the asymmetric information “pendulum” swings between the trustor and the intermediator.The identification of the “jumping list” behavior of the principal and the legal consequences of the“jumping list” behavior are important issues to be solved.The first chapter of this article is the introduction and expounds that the reason for choosing the topic lies in the second-instance judgment found after the Supreme People's Court's Guiding Case No.1 was announced.Many judgments are contrary to the Supreme People's Court's Guiding Case No.1 “Points to the Judgment”.The result of “different judgments in the same case”.With the prosperity of the real estate second-hand housing transaction market,the legal issues arising from the “jumping list” behavior of the principal have important research value.The second chapter thinks that the “jumping list” behavior of the client is the legal act that causes the change and elimination of the inter-party contractual relationship,and is the basis for the breach of the contract.By determining the rights and obligations of the parties in the intermediation contract,answering the legal nature of the “jumping list” behavior is the key to solving the “jumping list” behavior dispute.The third chapter analyzes the constituent elements and types of “jumping list” behaviors based on practical cases.It is considered that the determination of “jumping list” behavior should be carried out in five aspects:(1)there is a real and effective intermediation contract;(2)the intermediators actively perform their duties;(3)the trustee uses information from intermediaries;(4)The client chooses another contractor to contract or contract privately;(5)The intermediary behavior of the intermediator has a causal relationship with the client's finalcontract.In addition,according to the client's “jumping list” behavior combined with the practice of “jumping list” disputes,the “jumping list” behavior is divided into two types:(1)private contracting type;(2)Separately commissioned type.The fourth chapter holds that the Supreme People's Court Guiding Case No.1 has a single determination of the legal consequences of “jumping list” and cannot fully understand the legal consequences of “jumping list” behavior.It should clarify the payment conditions for remuneration paid by intermediaries,the conditions for payment of necessary expenses,and the circumstances in which the trustee should bear the responsibility for breach of contract damages.It combs out the legal consequences of the “jumping list” behavior of the principal,and provides judging ideas for judicial practice in dealing with different situations of“jumping list”.