Tianyancha App shows that recently, the first-instance document of the intermediary contract dispute between Shanghai Yaluan Real Estate Brokerage Co., Ltd. and Shanghai Sihe Asset Management Center (limited partnership) was made public.
According to the documents, the plaintiff Yaluang Company claimed that Sihe Centre held a number of properties, including the disputed houses, and that Sihe Centre and Yaluang Company reached a non-exclusive agent sales agreement, and at the same time, Sihe Centre entered into similar cooperation with other real estate sales or brokerage companies. In June 2019, Huo, the account manager of Yaluan Company, arranged and accompanied Zhang, Xie and Xie's mother to view the house twice, and the intended buyer expressed his willingness to buy and said that he did not have the qualifications to buy a house in Shanghai, and planned to consider buying a house in the name of the company. Subsequently, Yaluan Company was informed that the intended buyer signed an online contract through PIL under the name of "Chongqing Meijiai Smile Culture Media Co., Ltd." Yaluan held that the intermediary agreement between Savills and Meijiayanxiao was within a period of 6 months for the effective protection of customer information, and that SIHE paid remuneration to Savis without noticing the protection period, which constituted a "skipping order".
The court held that in the absence of evidence such as corresponding agreements, it could not be confirmed that an intermediary contractual relationship had been established between Yaluan Company and Xie solely by taking the house viewing, let alone that Xie knew in advance or afterwards that he would bear the legal consequences of entrusting other intermediaries after the house viewing, and there was no "jumping order" complicity between Xie and Sihe Center. In the end, the court ruled to dismiss all the claims of Shanghai Yaluan Real Estate Brokerage Co., Ltd.
According to media reports, an intermediary had previously posted an article on the Internet angrily denouncing Zhang Jiexie and his wife for "jumping orders" when buying a mansion. In this regard, Xie Na Zhang Jie issued a lawyer's statement refuting rumors and jumping orders as false information, and at the same time said that intermediaries secretly photographed and published personal privacy and other behaviors violated the legitimate rights and interests of the parties.
(Source: @中新经纬)