Online rumors that Xie Na and his wife "jumped a single" to buy a house will be sued

Recently, some media have published articles saying that Xie and his wife tried to bypass the intermediary in the process of purchasing a luxury house, and directly signed a contract with the owner without paying the intermediary fee, which caused extensive discussion among the public. In fact, in life, we often face the need to pay intermediary fees, so where is the legal basis for intermediary fees? The intermediary taking people to see the house is actually the intermediary behavior in the intermediary, and the buyer pays this intermediary fee, which is what we call the "intermediary fee"

In addition, according to the report, the house viewing behavior of Xie and his wife occurred in June 2019, when the contractual behavior was subject to the Contract Law of the People's Republic of China, that is to say, if Xie and his wife carried out the act of "jumping orders" in 2019, they would be bound by the Contract Law, which stipulates that if the intermediary promotes the formation of the contract, the client shall pay remuneration in accordance with the agreement, and if the intermediary in Article 427 does not promote the formation of the contract, it shall not require remuneration. However, the principal may be required to pay the necessary expenses for the purpose of engaging in intermediary activities.

However, if the act of "skipping orders" occurs after January 1, 2020, according to Article 963 of the Civil Code of the Mainland, the intermediary promotes the formation of the contract, and the client shall pay remuneration in accordance with the agreement. In view of the situation in this incident, the newly added provision of Article 965 is more applicable, that is, if the client, after accepting the services of the intermediary, uses the trading opportunities or intermediary services provided by the intermediary to directly conclude the contract around the intermediary, it shall pay remuneration to the intermediary. That is to say, even if Mr. and Mrs. Xie try to bypass the intermediary and sign a contract directly with the homeowner, they still need to pay a certain fee to the intermediary

At the same time, there are also views that Mr. and Mrs. Xie may have chosen other intermediaries to buy a house after multiple intermediaries have inspected the house, and this behavior depends on whether there is an agreement in the contract signed by Mr. and Mrs. Xie and the intermediary that they are not allowed to sign contracts with other intermediaries, and whether the agreement is valid. In the process of litigation, it is also necessary to determine the specific connection between Xie and his wife's final house purchase behavior and the services provided by the intermediary, and it is necessary to comprehensively consider and determine whether the "skipping order" behavior is established.

As an individual home buyer, finding a listing, contacting to see a house, and negotiating prices are relatively complicated processes. At this time, it is more convenient to purchase a house through a relatively professional way such as an intermediary, but in the process of entrusting an intermediary, buyers should also be cautious in facing the terms of the relevant contract to protect their rights and interests, and the intermediary should protect their labor income according to law.