#买房 "jumping order" is illegal ##Legal Popularization Action#Recently, a real estate agent claimed: star Zhang Jie, Xie Na and his wife bought a house "jumping order". Since the implementation of the commercial housing system in 1998

#买房 "jumping order" illegal # # Law Popularization Action # Recently, a real estate agent claimed: celebrities Zhang Jie and Xie Na bought a house "jumping order".

Since the implementation of the commercial housing system in 1998, it has been more than 20 years, real estate agents, from the beginning mainly engaged in the stock housing (that is, commonly referred to as "second-hand housing") intermediary business, and gradually developed now at the same time to sell new houses, old houses.

Because I was studying for graduate school abroad, infected with the new crown, the symptoms were very serious, and I was in a depressed mood, the real estate agent H decided to disclose the whole process of the "Zhang Jie Xiena jumping order" thing.

On February 7, real estate agent H broke the news on the public account "Shanghai Real Estate Research", saying that he had taken Zhang Jie and Xie Na to see the house twice on June 21 and 22, 2019. But then, Mr. and Mrs. Zhang and Xie stopped buying on the grounds that they didn't like the listing. Soon, H found that Zhang and Xie had privately contacted the landlord, Shanghai Sihe Asset Management Center, and purchased the listing to avoid large intermediary fees.

On the afternoon of February 8, Zhang Jie xiena and his wife entrusted Shanghai Randy Law Firm to issue a statement denying the "jumping orders" and "threats" mentioned in the H agent's exposé.

As a first-tier city, one of the few municipalities directly under the central government, the "magic capital" Shanghai has a high housing price.

According to the disclosed real estate information, more than 300 square meters of real estate, the purchase price of more than 50 million, according to the 2% intermediary fee, the intermediary remuneration reached as many as millions.

"Skipping orders" to buy a house usually means that the buyer avoids the real estate agent and directly contacts the seller to purchase commercial housing.

Encountering a "jump order" is a headache.

Is it illegal to buy a house and jump order?

Legal liability is nothing more than civil, administrative and criminal liability.

Illegal acts usually refer to violations of administrative or criminal provisions, and need to bear corresponding administrative or criminal legal responsibilities.

Buying a house is a contractual act and a civil act between equal subjects. Therefore, it is obvious that buying a house "skipping order" does not violate administrative regulations, let alone violates criminal regulations.

So, is there a civil violation of the "skipping order"?

Civil violations are usually not called illegal acts, but are called civil disputes.

Even if there is a civil tort, it is necessary for the right holder to claim the right on its own, rather than the administrative or judicial organ with the power of the state to take the initiative to pursue legal responsibility as in the case of administrative or criminal violations.

For civil disputes, the people do not raise the case, the "official" cannot be prosecuted, and the court will not take the initiative to intervene. This is also a requirement of legal civilization.

The Civil Code, which will be implemented in 2021, stipulates disciplinary contracts and intermediary contracts.

A discipline contract is a contract in which a person who conducts trade activities for a client in his own name and pays remuneration to the client.

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.

Obviously, there is ambiguity in what the media calls "real estate agents", and the accurate title of H should be "real estate agents". That is to say, the events written by H should be of the nature of the (real estate) intermediary contract.

Article 965 of the Civil Code stipulates that if the client takes advantage of the trading opportunities or intermediary services provided by the intermediary to directly conclude a contract around the intermediary after accepting the intermediary's services, the client shall pay remuneration to the intermediary.

In a word: skipping orders does not affect the remuneration of intermediaries.

The Civil Code also stipulates that if there is no provision in the special chapter of the intermediary contract, the relevant provisions of the entrustment contract in Chapter 23 shall be applied by reference.

It can be seen that the first civil code on the mainland is worthy of the "declaration of rights" and "encyclopedia of life".

The ideal is very full, the reality is very bone.

As we all know, a property is often the listing of multiple real estate agencies.

Whether Zhang Xie and his wife used H's listing information to buy a house needed to be proved by evidence.

According to the content of the lawyer's letter, whether Zhang Xie and his wife did find the intermediary to buy a house is also a fact to be proved.

If it can be confirmed that there is indeed a jumping order to buy a house, the intermediary can of course claim the intermediary remuneration.

As for how to calculate the intermediary fee, it is another practical issue that needs to be dealt with by law.

With such an analysis, we can understand the intermediary spitting out the "jumping order" incident:

It is not easy to protect rights, and it is not easy to get paid by intermediaries.

Buying a house and jumping orders is difficult to say is illegal.

However, if it is indeed established, it shows that the character of the "jumping single" person has a problem, violates integrity, and is easy to be "poked in the spine" and question the moral problem.

Celebrities, celebrities with "fame", like stars in the sky.

Therefore, the lawyer's letter mentioned that the intermediary was suspected of spreading rumors and slander, and was also suspected of leaking citizens' personal information.

These are legally called torts.

If the facts of the intermediary cannot be confirmed, then H is indeed suspected of infringement, infringing on the right to reputation of Zhang Xie and his wife.

Improper disclosure of personal information is also an infringement.

Individuals rarely watch TELEVISION, especially longer variety shows.

I don't know exactly who Zhang Jie and Xie Na are.

However, I know that celebrity gossip news has always been a hot spot for the people. Sometimes, I also watch gossip.

"Buy a house and jump a single" incident, how to develop, we will move the bench, brew good tea, put on the melon seed snack, rest assured to see the liveliness.