On The Obligation Of House Disclosure Of The Middleman In The Buying And Selling

In our country,for many citizens,owning a house of their own has become a goal that everyone has tirelessly pursued in their hearts,and may require a lifetime of struggle and storage.Looking at the market of house buying and selling in our country,the second-hand house buying and selling of middleman is its main existing form.Among them,the middleman mainly undertakes the obligation of telling the truth,informing the relevant matters related to the sale and purchase of the contract,reporting the opportunity to conclude the contract for the buyer and the seller,or mediating between the parties to the transaction to facilitate the completion of the transaction.However,the order of the house trading market is disorderly,and it is crucial to ensure the truth and timely effectiveness of obtaining information for the housing trading clients.It is also a necessary matter for housing intermediary services.In practice,once the dispute is caused by improper handling,the buyers and sellers will evade each other,causing the interests of the buyers and sellers to suffer losses.The relevant laws and regulations of our country can not adjust such cases in a timely manner,and the supervision of the relevant government departments is not effective and can not make the disputes well resolved.In view of this,the author,for the purpose of protecting the legitimate rights and interests of buyers and sellers as a whole,and safeguarding the legitimate interests of the intermediary for housing sale without prejudice,focuses on the real estate laws and regulations implemented in China.Reasonable analysis of the interests and disputes arising from the disputes,prevent falling into the circle of real estate intermediaries,and then safeguard the legal rights and interests of the trading subjects,according to the principle of the relativity of the contract,as far as possible to embody the principle of equality of interests of both parties to the transaction.Rational configuration of the relationship between the parties,expect the transaction subject to obtain the required information on the basis of the successful and reasonable completion of the transaction.The better performance of the obligation of honest disclosure by the middleman can promote the transaction subject's understanding of the information obtained,save the transaction expenses and reduce the risk of buying and selling;It is more advantageous in the degree of mutual knowledge of transaction information,and it is also the civil law "imperial principle" that is,the principle of good faith is prominent in the way in which the broker truthfully informs the obligation.In today's judicial practice,the contents of the middleman's honest disclosure are roughly divided into: the original information of the house,the information of the buyer and the seller,the transaction process of the relevant house,and the information of the purchase of the house in the country.Among them,the focus is on the environmental information near the house and the historical information of the house.Environmental information mainly refers to the external environment around the house,such as whether there are chemical plants and other sources of pollution that may seriously affect the air quality and noise,which may cause adverse disadvantages to the quality of life of residents.Historical information is information that has previously occurred that may cause mental stress or emotional confusion to home buyers.Ones of the most typical and most taboo is the "evil house." The information on physical attributes,rights,usage status,etc.of houses have basically been identified as the information that the middleman needs to tell truthfully.At the same time,the broker's professional advantage is conducive to smooth trading,improve the success rate of contracting and save trading time.However,the provisions of the current laws and regulations are somewhat broad,and it is difficult to reasonably resolve such disputes arising from the violation of the obligation of truthful notification by the middleman in judicial practice.Therefore,the obligation of truthful notification of the middleman in the purchase and sale of houses is chosen as the object of study in this article.Authentication has certain importance and applicability.