Analysis On The "Jump Order" Behavior In The Second-hand Housing Sales Contract

With the rapid development of China's real estate industry,China's second-hand housing market has also prospered.Although the increasing intermediary companies have much facilitated the marketing of second-hand housing,there also exist some problems which are worth of our attention.One of them is the “jump order” of intermediary contract in second-hand housing market.The occurrence of this business action in the second-hand housing transactions will not only undermine the interests of the second-hand housing agency,but also will erect negative influence on the development of the second-hand housing market for a long run.To address this concern,this study comprehensively analyzed the intermediary contract dispute between Zhongyuan Real Estate Company and Tao Dehua,clarifying the legal issues which caused by “jump order” behavior in the second-hand housing business,with the hope of reducing such unreasonable action in the second-hand housing industry.On the basis of thorough case analysis,the dispute in this case mainly is summarized as three issues.The first one is what the nature of the “Real Estate Purchase Confirmation Letter” in legal sense could be;the second is the validity of the anti-jump-order clause in the confirmation letter;the third is whether the “jump order” behavior of Tao Dehua could be determined as defaulted.Through case analysis,it is concluded that the “Real Estate Purchase Confirmation Letter” is legally valid as an intermediary contract;second,the anti-jump-order clause in the confirmation letter should be deemed invalid due to the fact that the client did not make use of the information,opportunities and other convenient conditions provided by the intermediary;third,Tao Dehua's behavior is legitimate and is not determined as defaulted,according to the requirements of “jump order”.Based on our findings in this study,The five suggestions were proposed for future judicial practice to reduce such contract disputes in the second-hand housing market: The first is to well behave the action of clients;the second is to regulate the business activities of the real agencies;the third is to regulate both government supervision and credit punishment;the fourth is to optimize the regulations for intermediary contract in second-hand housing market;the last one is to establish the information-sharing mechanism of second-hand house.