Study On The Effect Of “Skip The Broker” Clause In A Brokerage Contract

In recent years,with the development of the real estate market,estate agents in the real estate market is getting a bigger role and have become a vital part of the real estate transaction market,estate agents interacting with the real estate market and influence each other.However,today’s real estate market is developing continuously,the development of real estate market have yet to be fully caught up with the pace of development of the real estate market,contradictions between the broker and the client are emerging,in particular "Skip the broker" dispute,affecting the development of the real estate market.At present,2011 Supreme Guide case "Shanghai Zhongyuan property consultants Limited vs Tao Dehua brokerage contract dispute case" for " Skip the broker " dispute resolution provided a direction,but on the market " Skip the broker " disputes have very complex situation,justice is not uniform,guiding case cannot be fully solved " Skip the broker " disputes.These problems have caused the author’s thinking,dispute resolution is inseparable from the grasp of contradiction,so this article will be of real estate sale and purchase brokerage contract "Skip the broker" effects of the study in order to be able to practice solving "Skip the broker" dispute.The first part,guiding the case through presentation and analysis of the Supreme Court,leads to problems,opens the film against "Skip the broker" clauses of the judgment.The second part,defining "Skip the broker" acts by law.Start with an overview of "Skip the broker" behavior,analyzing the views of some scholars "Skip the broker" definition and criteria.Then the author analysis its causes,its characteristics and forms of,namely "the broker" and "skip the broker" two main forms.Then analyzing the prohibition "Skip the broker" concept and legal nature,as the third part of the prohibition "Skip the broker" to re-examine the legal effect of the provisions of the Foundation.The third part,the author had a discussion on the legal effect of the problem.Subjectively,whether the accord reached between the parties,whether the client exists on the subjective "malicious jumping" behavior,objectively,whether the two sides reached an exclusive commission protocols and whether the prohibiting "Skip the broker" provision excludes a party’s primary responsibility.Part four,through an analysis of practice in the case summary and the above,determine scope of the legal consequences,and explicitly it by analysis the right of remuneration,breach of contract claims right,necessary expense claims three aspects.