Recently, an article about "celebrities Zhang Jie and Xie Na buying a property in Shanghai but jumping a single" fermented online, causing netizens to pay attention.
Just now, Lawyer Xie Na Zhang Jiefang issued a statement in response: Mr. H fabricated facts, and the false information mentioned such as "jumping orders" and "threats" has been suspected of rumors and slander, and at the same time, his behavior of secretly filming and publishing personal privacy infringes on the legitimate rights and interests of the parties; the online article "Xie Na, Zhang Jie Jumps Singles, Threatening Intermediaries Infected with the New Crown" seriously deviates from the objective facts.
The lawyer has been entrusted to enter the judicial process and reserves the right to pursue other legal proceedings against the incident, the person involved and the relevant social accounts and platforms.
In an article circulating online, a real estate agent under the pseudonym H said that Zhang Jie and Xie Na had visited the house under his leadership twice on June 21 and 22, 2019, and then stopped buying the house on the grounds that they did not like it, but H found that the two actually skipped him to buy the house. The intermediary said that now he will use legal means to reasonably defend his rights or sue Zhang Jiexiana.
Lawyer: Whether it constitutes a "skipping order" needs to be determined
Lei Guoya, a partner at Beijing Jingshi Law Firm, said that article 965 of the Civil Code stipulates that if the client takes advantage of the transaction opportunities or media services provided by the intermediary to directly conclude a contract by bypassing the intermediary after accepting the intermediary's services, it shall pay remuneration to the intermediary. This means that if the buyer accepts the intermediary's service and skips the order, he needs to pay the corresponding intermediary fee to the intermediary as usual. However, the "direct conclusion of the contract" here refers to the direct transaction between the two parties without going through any intermediary. In reality, sellers usually entrust their houses to multiple intermediaries for sale, and if the buyer facilitates the transaction through another intermediary with lower fees and better services, it does not constitute a "jump order".
Lei Guoya said that in the process of buying a house, in the absence of signing a relevant agreement, even if the intermediary takes a look at the relevant house, the buyer still has the opportunity to obtain the same listing information through other legitimate channels, and has the right to choose an intermediary with a lower offer and better service to reach a transaction, which does not constitute a "jumping order" default.
Lei Guoya said that after the occurrence of "skipping orders", even if the "skipping order" behavior is determined by the court, it is difficult for the intermediary to claim that the buyer compensates the full intermediary fee according to the standard of the "Confirmation of House Viewing", and it is difficult to be fully supported. Jump orders generally occur before signing the contract, and it is difficult for the intermediary to obtain legal support if the intermediary claims the full amount of the intermediary service fee according to this.
Sources| Morning News, Beijing Youth Daily