Just after the Spring Festival holiday of the Year of the Tiger, an article about celebrities Zhang Jie and Xie Na buying a house in Shanghai Sinan Mansion but jumping a single was fermented on the Internet, and the keywords of "star", "mansion" and "jumping order" were instantly detonated.
On February 7, the Shanghai Real Estate Research Public Account released an article titled "Xie Na, Zhang Jie Jumping Orders, Threatening Intermediaries Infected with the New Crown", which triggered a wave of public opinion, and the author pointed out that Zhang Jie Xie Na bought a house and jumped orders, and did not give intermediary fees.
Image source WeChat search
The article said that Zhang Jie and Xie Na bought Room 101, No. 7, East Garden, Sinan Mansion in Shanghai, the house type is an apartment, the purpose is residential, the area is 341.77 square meters, the price is 62 million yuan, equivalent to about 181,400 yuan.
The article said that the intermediary H said that he had led Xie Na Zhang Jie to see the house twice on June 21 and 22, 2019, and then Xie Na Zhang Jie said that she did not like it and would not buy it.
However, the agent later discovered that the two had secretly contacted the landlord and purchased the suite, and accused them of deliberately jumping away from the agency in order to avoid the large intermediary fee.
Sinan Mansion East Garden/Source Network
The article said that Zhang Jie xiena even found a lawyer to threaten the intermediary not to expose the matter, otherwise it will carry out criminal proceedings on the grounds of exposing the privacy of others, and send the intermediary to prison through legal means.
The article revealed that at present, the intermediary is studying abroad, infected with the new crown symptoms are very serious, he does not want to leave with a secret, so he exposed the matter, can provide a series of evidence to prove the authenticity of the content.
On the afternoon of February 8, Randy Law Firm was authorized by Xie Na and Zhang Jie to issue a lawyer's statement on the matter of buying a house and jumping a single, in which the statement said that the content of the previous netizens' disclosure was fabricated facts, and false information such as "jumping order" and "threat" was suspected of creating rumors and slander; the "Mr. H" in the exposed news was suspected of secretly taking pictures, infringing Xie Na Zhang Jie's portrait rights, etc.; the lawyer warned the accounts to stop the dissemination of false information.
Attorney Statement/Source Network
The matter is such a thing, stripping the eyeball-catching stars, luxury houses and other words in the main body of the event, including the expressions made by the two parties involved in the event and various content of ridicule, which is actually not complicated: this is a very typical economic dispute incident in which the real estate agent was "jumped off the order".
As for the final truth of the incident between Xie Na and his wife, how to characterize it, it also needs to look at the subsequent credible certain information. Today I will only talk about the jump list.
What is a "jump order"?
Skipping order is that the client accepts the service of the intermediary, refuses to complete the intermediary service with the intermediary in order to avoid the intermediary fee, and then concludes a contract with a third party who knows because of the intermediary.
In simple terms, the intermediary provides the listing information, the process service, and after the buyer and seller finally reach the transaction, they directly jump away from the intermediary and refuse to pay for the services provided by the intermediary.
Is it illegal to buy a house and "skip orders"? In fact, there are provisions in the Civil Code!
Look at the problem to pay attention to the rule environment. Regarding the act of skipping orders, the Civil Code of the Mainland clearly stipulates: Article 961, an intermediary contract is a contract in which an intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays remuneration.
Article 965:Where, after accepting the intermediary's services, 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.
Buying a house to confirm the "jump order" needs to meet these conditions:
1. Whether the two parties have signed an intermediary contract. Whether the intermediary has truthfully performed the obligations stipulated in the contract, such as housing information, on-site inspection, etc., confirming that the contract has been signed and performing truthfully is the first step in the determination.
2. Whether the client uses the intermediary service of the intermediary to complete the transaction. In this case, it is necessary to see whether the intermediary is an exclusive agent or a non-exclusive agent, if it is a non-exclusive agent, it is necessary to consider the time when the intermediary and the entrusting party enter into a contract, and confirm that the entrusting party is based on the service of which intermediary.
3. The client deliberately evades the intermediary fee. In order to avoid intermediary fees, the principal uses the information provided by the intermediary to privately deal with a third party.
If the above three conditions are met, the entrusting party may constitute a breach of contract, and the intermediary party has the right to pursue the responsibility of the entrusting party.
Graphic/text-independent/source network
Related case: In early 2021, the internet celebrity blogger "Xiao Xiaosha" released a "What is the experience of spending 15 million yuan at a time?" video. Originally, it was a happy event to announce his purchase of a new house in Shenzhen, but he was accused by the chain family intermediary of buying a house by "skipping orders" and "eating the overlord meal". Subsequently, the Shenzhen Real Estate Intermediaries Association issued a document saying that there is zero tolerance for jumping orders.
Although the intermediary could not pursue Xiao Xiaosha's legal responsibility for compensation due to the lack of a contract, after the Xiaoxiaosha jumping single incident, nearly 10 million fans lost three million overnight, and the live broadcast endorsement business was also hit hard, and it was no longer brilliant.
A single jump behavior, so that tens of millions of fan accounts fell off the altar overnight, the intermediary agent Miss Zhu paid labor, but the bamboo basket was empty, and the landlord did not sell the thousand Marriott house at a more reasonable price. It can be described as a "three loses" ending.
Of course, the final characterization of this incident is also "the legal level wins steadily, and the moral level loses all."
Law is the bottom line of morality, whether it is the people or the market, there is a moral scale above the law in their hearts. Why does it arouse public concern? In fact, in the current social value context, there is a strong antipathy to these stars who "make money easily".
To be honest, this kind of intermediary jumping event is not uncommon if it is placed in daily life.
These stars do not talk about martial virtue, if they are placed in ordinary people's homes, it is very common. "The intermediary's money is too good to earn it" is the subtext of many jumping singles.
Sales and intermediaries who have not been skipped, let alone have done this industry, the "grievances" in this can only be experienced by those who have been intermediaries.
The fermentation and popularity of the two celebrity or Internet celebrity jumping single incidents are inseparable from the star Influencer effect, and the attack of paparazzi emotions accounts for the main reason.
But if the star effect is erased, it also leaves aside the ridicule of the legal level and moral perspective. Jumping orders also reflect another level: many times it is a kind of "misunderstanding" and "distorted interpretation" of the intermediary industry, and misunderstandings sometimes reach the point of touching the moral bottom line.
The underlying logic of this "misunderstanding" is the well-known "secret" of the intermediary industry: the reluctance and unbalanced mentality of buyers and sellers to pay high intermediary fees.
A battery car, a mobile phone, all the "production costs" are these, take a few trips to get away how many W, a million profits. This is the "inner monologue" of many buyers and sellers of second-hand houses who are unwilling to pay the intermediary fee.
And the high intermediary fee is indeed easy to leave ordinary people with the suspicion of "not opening for three years, opening for three years".
The so-called "layman can't see through, insiders are too sad", the bitterness and sweat paid by the agent in the process of opening for "three years" is something that many people can't see.
Because I have changed rooms several times, it should be said that I have also seen a lot of second-hand houses in contact with many intermediaries, at the beginning I also held similar ideas, and many people feel similar: "This money is too good to earn."
But after contacting more intermediaries, I found that this was not the case. Because of work, the viewing time often chooses weekends or evenings, and the favorite houses have to be seen at least two or three times in turn on rainy and sunny days, and buy a second-hand house for three or five months, and as long as three or five years.
In the process, there will be several intermediaries who always tire of being around, "brother and sister" open their mouths, always shouting so "cheerful", of course, how much of this is related to their professional habits, almost the industry's common "terminology".
Wind and rain, scorching sun exposure, as long as you want to see the house, it must be arranged before and after the saddle, "the earth does not explode, we do not take a holiday" This circle of friends often see the broker's "arrogant" slogan is actually the true portrayal of this industry.
It is true that there have always been shady and negative scenes in the industry such as "eating the price difference", "speculating on school district housing", "raising house prices" and so on, but "where there are people, there are rivers and lakes", which is difficult to avoid, and I think this is also the place where associations and management departments should guide and supervise more.
However, I privately believe that the irrational fluctuations in housing prices over the years and the double sky market before and after policy adjustments should be the root cause of this phenomenon.
I heard that after the property market at the end of last year was cold, a number of intermediaries in Wenzhou have not opened a single for more than half a year, "all of which have seriously affected life." This is the original words of an intermediary in the WeChat circle of friends.
Of course, behind the jump order, there is also the problem of high real estate agency fees, which is also worthy of attention. For example, Wenzhou's current intermediary fees, after the "unification" of the broker industry association, the general method is to charge buyers and sellers according to a certain proportion of the turnover, which is too "rigid" especially in some houses with higher total prices.
However, many times, Wenzhou's second-hand housing transaction commission still leaves room for negotiation, which will be more flexible than cities such as Hangzhou.
However, the behavior of skipping orders must be severely condemned and eliminated, after all, the bottom line of respecting the value of labor cannot be lost. I also hope that the property market will be healthier and more rational, go more steadily, and make market transactions more sustainable.
Some of the content of this article refers to self-media accounts such as "Panda Beibei Little Cute" and "Shanghai Real Estate Research"
WeChat public number: Wenzhou real estate time (ID: house_wz), stamp the end of the extended link jump to the original text to read Oh
https://mp.weixin.qq.com/s/W-mVLKnDybw7kwYKxJb1Hw