real estate intermediary industry urgently standard, intermediary dispute to the court cases increased year by year. Based on a real estate intermediary contra" />
Real Estate Intermediary Contract Dispute Case Analysis
|School||Southwest University of Political Science|
|Keywords||real estate contract intermediary intermediary fees real estate judicial practice|
The current real estate' dissertation">real estate intermediary industry urgently standard, intermediary dispute to the court cases increased year by year. Based on a real estate intermediary contract dispute case out of court hearing this kind of case, further guidance.The first part of the real estate intermediary contract dispute case, a second instance trial and judgment are analyzed. Case dispute is a real estate intermediary contract effectiveness, especially in the contract of brokerage and real estate contracts for mixed case, how to recognize the two contract the parties binding; two is the intermediary fees charged standard take the agreed system or legal system.The second part, from the legal point of view, the real estate intermediary contracts, including the contract of brokerage and real estate intermediary contract definition, legal features ( including the paid contract, consensual contract, do not contract, the special subject of the requirements of the contract ), species ( divided into two categories and media report intermediary intermediary ), contract both sides rights and obligations ( including intermediary truthfully reporting obligations, required to pay intermediary fee rights, clients paid intermediary fee obligation), the intermediary role in promoting market prosperity, for the government decision-making provide information. In other countries or regions to real estate intermediary industry and the relevant provisions of the history of our country intermediary industry evolution and development, the two major legal systems in the intermediary system comparison, and brokerage contract difference analysis, further strengthen the real estate intermediary understanding.The third part, analysis the focus, trial court that the contract for real estate intermediary fees charged should fully respect the autonomy of the parties, but also should take into account the maintenance of real estate transactions stability, with property right the actual transaction is completed to collect intermediary fee standard.The fourth part, from the legislation, law enforcement, judicial and legal publicity and education to put forward some feasible countermeasures and suggestions, reducing intermediary contract disputes, such as to strengthen and improve the real estate brokerage industry laws and regulations, carry out the unified housing intermediary contract, strict market access and the establishment of rating system, normative employee qualification, execute menu type charging standards, to strengthen the legal protection of the broker, unilateral principal-agent relationship with both principal-agent relationship and application, a real estate brokerage margin, strengthen industry self-discipline, guide the real estate market development.Through further regulate real estate intermediary industry, can effectively protect the real estate transaction and intermediary people’s legitimate rights and interests, avoid and reduce the current trial court real estate intermediary contract confusion, further clarifying the real estate intermediary contract relationship, guide the court trial practice.