Study On The Liability Determination Of Intermediaries In House Sale

In recent years,the role of housing intermediaries in the housing trading market has become more and more important.More and more people have chosen to rely on the intermediary's professional capabilities and information superiority to meet their own demand for housing contract.However,due to the imperfect institutional system of the housing market in China,coupled with the imbalance of information between the parties to the intermediary contract,transaction disputes caused by the intermediary behavior of housing sales have gradually increased.Contract Law of the People's Republic of China uses only four clauses to construct all the rules for intermediary contracts,and the provisions are generalized.The intermediary obligations and related liabilities of intermediaries are not specifically defined,which leads to disputes over the review standards and understanding in practical judgment.Therefore,this article attempts to start from analyzing the disputes and problems existing in the liability determination of intermediaries in house sale in the practical judgment,and puts forward relevant suggestions in a targeted manner,in order to provide more practical references for the judicial practice of such disputes and improve the relevant institutional system for house sale.In addition to the introduction and conclusion,this article is divided into three parts for discussion.The first part:the definition and source of liability of intermediaries in house sale.First of all,in order to define the scope of the subject discussed in this article,it will elaborate the intermediary's connotation,anddifferentiate concept of intermediaries,middleman,travellers,and trustees;Secondly,the source of the obligation will be discussed from both the legal obligation and the agreed obligation.The second part:the practical disputes on the liability determination of intermediaries in house sale in China.Through a comparative analysis of the cases of intermediary disputes in house sale,it summarizes the main controversies in the current practical judgment on the issue of liability determination for intermediaries in house sale.The specific focus is on the scope of the items reported truthfully to the intermediaries,whether they have the obligation to investigate and verify,the nature of the liability for damage compensation and the scope of compensation.The third part:the consummate suggestion on the liability determination of intermediaries in house sale in China.One is to provide more practical judgment standard for practical judges by type-analyzing the truthfully reported matters of the intermediary,and refining the specific scope of the truthfully reported matters of the intermediary.The second is to clarify that intermediaries in house sale has the obligation to investigate and verify.On the one hand,from multiple perspectives to demonstrate the necessity and feasibility of investigating verification obligations,on the other hand,the criteria for judging the subject of investigation and verification obligations are as follows:significant influence,substantial relevance,possibility of acquisition,and "rational person" standard.Third,in order to unify the standard for determining the liability for damages to intermediaries in house sale in practice,it will be discussed by clarifying the nature of liability for damages?the range of liability for damages adapted to the fault?and the exemption from damage liability.