Research On Legal Issues Of Intermediary Behavior In Housing Sales

With the vigorous development of China's economy,the huge volume of real estate market leads to the rapid growth of housing brokerage industry.On the one hand,the housing brokerage industry helps customers to realize the demand for housing purchase,reduces the information asymmetry in the transaction process,and improves the transaction efficiency.On the other hand,the professional sales team makes the real estate development enterprise sales more ideal,enterprise efficiency.However,with the development of real estate brokerage industry,the emergence of many new sales models has also caused a lot of problems.These new sales models are different from the previous direct sales of real estate companies,using the employment of specialized sales teams,the use of exclusive agency,followed by the new sales model of the legal relationship between sales companies and buyers,the nature of the sales company in the new sales model of the collection of money,and the assumption of contractual liability and other issues.Moreover,in the author's life experience and through consulting the cases published by the judgment documents Network,under some new sales models,there are differences in dispute resolution between different courts on this sales model.There is no unified understanding or view.Therefore,the author believes that in order to further standardize and deal with these problems,we need to sort out the unified identification of this new sales model.Therefore,this paper intends to explore the legal nature of the new model through the method of case analysis,and to find the way to deal with disputes caused by this model,hoping to be beneficial to the judicial practice to resolve such contradictions.This paper consists of four parts,the first part is the introduction,this part introduces the research background and significance of the article,the second part is the brief introduction of the case and the focus of the dispute.In this part,we mainly introduce the four typical cases selected,analyze the real life buyers because of entrusting the housing sales company to help buy commercial housing,and then because of the purchase purpose can not be achieved,according to the differences in the decisions of different regional courts,through comparative analysis,summarize the similarities and differences of each case and the dispute focus;The third part,combined with the existing laws and regulations,legal principles,scholars theory to analyze and discuss the focus of the dispute,combing the case because of the cost dispute involved in the legal relationship of the purchase of housing,the nature of the contract signed,the nature of the collection of fees and the responsibility to bear the costs and other legal issues;the fourth part is the conclusion and enlightenment.Through the legal analysis of the above dispute focus,this paper summarizes the research conclusions of this kind of cases,and expounds the legal recognition of this kind of cases.And according to the author's cognition,from the industry system level,the legal contract signing and our country legislation consummation,proposes own solution.