Legal Research On The “Discard Brokers” In Housing Sale

With the complex changes in society,the real estate industry has also made some changes,but it has to be admitted that the real estate trading market is growing,at the same time,a variety of legal issues have followed.With the increase in the real estate transaction rate,its potential risks are also gradually increasing.a large part of the dispute points in housing trading cases caused by various courts can be attributed to discard brokers.The housing dispute cases caused by discard brokers behavior are no longer the tip of the iceberg in the real estate disputes.the daily industry regulation is no longer suitable for the real estate industry.at this stage,there is an urgent need for legal regulation.Although the Supreme Court issued Guidance Case No.1 in 2011(Shanghai Zhongyuan Property Consulting Co.,Ltd.v.Tao Dehua's Intermediate Contract Dispute)as a guide,this case only provides a direction for the settlement of discard brokers disputes,and can not be fully applied to all cases.In order to avoid this difficult area of judgment for the future trial of the court,the legal level should be more detailed on discard brokers cases.Detailed regulations.This article will start from the four controversial focus of the discard brokers case in the housing sale disputes,and adopt the logical order from point to face,interlocking layer by layer,respectively,to see the legal nature of the housing agreement from the needs of the property;whether the clause prohibiting the discard brokers agreement between the housing principal and the real estate intermediary is valid;whether the defendant's behavior constitutes the single-jump or breach of contract;whether the real estate intermediary company should get the reward request after all.Starting with the Four Focuses of Seeking Right,Through theanalysis of different points of view in each focus,combined with the actual situation,the author puts forward his own ideas;secondly,it extends to other specific legal issues of the discard brokers behavior,and makes a detailed legal analysis on the intermediary reward request and the standard contract,so as to make a more comprehensive analysis of the basic legal issues of the discard brokers behavior;lastly,it is based on the analysis of the basic legal issues of the discard brokers behavior.,and puts forward his own suggestions for improvement.