Research On The Issue Of Review Obligations Of Real Estate Intermediaries

With the advent of the era of stock houses,more and more home buyers choose to use the professional capabilities of real estate agencies and the dominant position of housing information to achieve their home purchase needs.However,due to the imperfection of the existing real estate transaction intermediary market system in my country and the current situation of information imbalance between house buyers and real estate agencies,the number of disputes arising from real estate agencies reviewing obligatory contracts is on the rise.Although the intermediary contract clauses in the Civil Code,Contract Volume do not clearly stipulate the obligation of intermediary review,from the analysis results of the sample data,real estate intermediaries have the obligation to review and have reached a general consensus in judicial practice.Based on the principle of balance of consideration for real estate The intermediary agency shall perform the obligation to actively review the important matters involved in the transaction.Although judicial practice has reached a consensus on the fundamental issue of the obligation to review,there are great differences in the judgment on the standards of review obligation,the scope of review matters,the nature of the real estate agency’s responsibility and the form of responsibility.The reasons are mainly due to the lack of high-level laws and the inconsistency of low-level norms and standards on the issue of review obligation standards,deviations in the application of real estate policies by some courts in the scope of review items,and the inconsistency in the scope of review items determined by local regulations.In nature,the judgment standards are not uniform,the discretionary power is too broad,and the real estate agency’s right of recourse is misunderstood in the form of responsibility.On the basis of fully grasping the theoretical knowledge of the review obligation of real estate agencies,through case studies and other methods,the main disputes and problems in the cases of disputes over the review obligations of real estate agencies are demonstrated,and the reasons for the differences in court judgments are sorted out and put forward in a targeted manner.Corresponding recommendations for improvement.First,because the substantive review obligation not only reflects the professionalism of the intermediary agency as an intermediary,but also matches the high intermediary remuneration,it is first necessary to clarify the standard of the review obligation as the substantive review obligation;The important matters with substantial impact are classified and summarized,and the reasonable scope of the review matters is refined.Thirdly,since the loss of the right to claim remuneration is the embodiment of the liability for breach of contract,and the compensation for damages is the expression of the tort liability,it is clear that the nature of the liability for failing to perform the review obligation is as follows: The co-opetition of tort liability and breach of contract liability is more in line with the needs of judicial practice;finally,most of the persons directly responsible for the economic losses of the client in transaction practice are the sellers,so it is necessary to clarify that the form of intermediary liability is supplementary compensation liability.In addition,exemptions should also be specified to achieve a balance between the responsibility and fault of the intermediary agency.