Study On The Legal Issues Of Real Estate Intermediary Contract

With the rapid development of real estate sector,the real estate deals as well as the real estate brokerage which plays an important role in the real estate market witnessed rather quick growth.The real estate brokerage,which provides convenience for customers in badly need of deals,saves the cost of social transaction and promotes the healthy and ordered development of real estate industry.The real estate brokerage,assisting in the circulation of property transactions,plays an important role especially in the storage property transaction market.However,when the estate agents(intermediaries)offer the services,plenty of legal issues linger on and should be solved quickly,such as the condition in which the intermediaries have the right to get payments,the validity of the items in intermediary contracts,the identification of the clients' responsibility for breaching the contract and so on.Intermediary contract refers to the one that the intermediary reports the opportunity of set up a contract to the client or provides the service of signing the contract and then get paid.According to Chapter 23 in the Contract Law of People's Republic of China,regulations on the intermediary payment are specially stipulated in item 426 and item 427.But these two regulations are too general to cover all the legal issues on intermediary payment.Different opinions even large divisions on issues such as the condition in which the intermediary has the right to ask for payment and the identification of “by passing the agent”can be found in both academia and judicial practice.This paper will analyze the evidences that courts in Shanghai uses to identify intermediary payment through judicial cases,with an emphasis on exploring the condition if charging for payment in real estate intermediary deal ?necessary expense and the identification of “by passing the agent”.