Recently, the Banan District People's Court of Chongqing Municipality accepted a case of dispute over a housing sale contract. After the buyer Li signed the intermediary contract with Company A, he privately contacted the seller Zhang and went through the transfer procedures, and refused to pay the remaining intermediary fee, and the three parties had a big disagreement on the payment of the intermediary fee, and Company A believed that the act was a "skipping order" act, which seriously infringed on its legitimate rights and interests, so it filed a lawsuit with the court.
After understanding the facts of the case, the judge undertook the case and held that Li's behavior was an act of "skipping orders", interpreted the relevant legal provisions to Li and Zhang, and informed them of the legal liabilities they might bear. In the end, after the judge's patient interpretation of the law, Li and Zhang realized that their actions had constituted a breach of contract, and the two parties reached a mediation agreement, and Li and Zhang agreed to pay the remaining intermediary fees.
ask
What is the "Skip Order" behavior?
"Skipping order" is an industry term, which means that the housing client accepts the intermediary service and bypasses the intermediary to directly conclude a contract with the counterpart.
Article 965 of the Civil Code clearly stipulates that "where, after accepting the services of an intermediary, the client takes advantage of the trading opportunities or intermediary services provided by the intermediary to directly conclude a contract around the intermediary, it shall pay remuneration to the intermediary".
The act of skipping orders is mainly determined from three aspects: first, it depends on whether the intermediary contract has taken effect, and whether the intermediary has provided trading opportunities or media services in accordance with the contract; second, it depends on whether the client has used the service provided by the intermediary to conclude the contract after providing services to the client; third, the client has directly concluded the contract around the intermediary.
This provision of the Civil Code raises the "skipping order" to the legal level, fully protects the legitimate rights and interests of intermediaries, and is conducive to the healthy and orderly development of the housing sales and leasing markets.
Judge reminds
The "skipping order" behavior will not only make the client bear the corresponding liability for breach of contract, but also increase the risk of real estate transactions, and in real life, there have also been cases where the client cannot handle the transfer procedures after paying the house price to the buyer, and the buyer and seller have disputes because of the payment time of the house, which has caused huge economic losses to the buyer and seller. It is hoped that the broad masses of the people will strictly abide by the spirit of the contract, perform their respective obligations in accordance with the contract, and not suffer big losses because they are greedy and cheap!
(The pictures in the text are from the Internet)
Source: Banan Court
Editor: Ren Zhe