Research On The Problem Of "Jump-treaty" In Brokerage Contract

With the rapid development of the real estate market in recent years,intermediaries have played an indispensable role in the process of housing leasing and buying and selling due to the asymmetry of information among parties involved in buying,selling,and leasing,which has contributed to the rapid development of the real estate intermediary industry.The emergence and development of the industry will inevitably produce new problems and contradictions.For the intermediaries,the behavior of the "Jump-treaty" of the client is an old and new feature encountered by the industry.The client's n Jump-treaty " behavior will cause harm to the intermediaries,which is not conducive to the sustained and stable development of the intermediary market.In particular,the continuous prosperity of the real estate market in recent years,the problem of "Jump-treaty" has become a frequent case type in judicial practice.At present,only the Supreme People's Court has provided guidance on "Jump-treaty",but the guidance of this case is limited and it cannot completely solve the problem.This article will take the " Jump-treaty " behavior as the research object,and carry out a deep excavation of the "single jump" behavior on the basis of previous research to find a better way to solve such problems.In addition to the introduction and conclusion,this article is divided into five chapters.The first chapter introduces the "Jump-treaty" behavior of intervening contracts through cases.According to the simple to complex model,two representative cases are selected in many cases.Through a brief analysis of the cases,the "Jump-treaty"behavior discussed in this paper is introduced.The second chapter introduces the basic theory of the H Jump-treaty " behavior of intermediaries.It analyzes the three aspects of the basic theory of the origin and development of intermediaries,intermediation contracts,and "Jump-treaty" behaviors,and gradually introduces the basic theories involved in the behavior of "Jump-treaty"and analyzes the guiding role of these theories.The third chapter analyzes how to determine the " Jump-treaty " behavior of interstate contracts.The specific analysis of how to identify "Jump-treaty" behavior is combined with the expression forms,constituent elements,and related agreements in the intervening agreements.The fourth chapter analyzes how to provide legal remedy for the behavior of"jumping" of intermediaries.By analyzing the causes and consequences of the"Jump-treaty" behavior,legal actions are used to regulate the principal's breach of contract and the mediator's remuneration claim rights are remedied.Chapter V suggests suggestions for preventing and regulating "jumping"behavior.The author proposes to start with perfecting the legislative system and related systems to effectively prevent and regulate " Jump-treaty " behavior.