Should “hop orders” pay the intermediary?
Zhang after a few years of work in the city, want to buy a house in the city, convenient after the children receive the city to go to school.Before buying a house, Zhang mou is to seek suitable house source, signed intermediary contract with some intermediary company, agreed after the housing clinchs a deal, Zhang Mou needs to pay intermediary fee 9000 yuan to the intermediary company by 1.5% of the total amount of the housing clinchs a deal.In the intermediary contract, the two sides clearly agreed on the “prohibition of jumping” clause, that is, if Zhang mou obtained housing information and the seller reached a transaction privately or through other intermediary companies to reach a transaction, still need to pay intermediary fees and compensation for losses.After signing the contract, the intermediary company to provide housing information to Zhang, with Zhang on the spot, about the owner of the house li to meet to negotiate prices.After meeting with Li mou, Zhang mou obtained Li Mou contact information.After the negotiation, Zhang bypassed the housing intermediary company privately with the house owner Li Mou contact, and directly signed the sale contract.After the intermediary company is informed, that Zhang is in breach of contract, request the court to order Zhang to pay the corresponding intermediary fee according to the agreement.At this point, the intermediary company’s request can get the court’s support?In this case, in the process of buying a house, Zhang mou after signing the housing intermediary contract, choose to bypass the housing intermediary company privately and the owner of the house Li Mou contact, and directly signed the sale contract, the behavior violates the transaction integrity, belongs to the malicious “jump single”.In view of the fact that Zhang did enjoy the intermediary company to provide housing information, housing services and intermediary companies to promote the buyers and sellers to meet and negotiate intermediary services, Zhang should pay the intermediary company corresponding intermediary service fees.Judge interpretation of real estate intermediary services is one of the most popular intermediary services, derived from the legal disputes can not be underestimated, “jump single” is one of them.”Jump order”, also known as “jump intermediary”, refers to the fact that the buyer or seller has signed an intermediary contract with the intermediary, such as pre-sale confirmation, entrustment purchase agreement or sale agreement, and the intermediary has performed the obligation of providing exclusive resource information and promoting the buyers and sellers to meet and negotiate according to the agreement.However, one or both parties, in order to evade or reduce the obligation of paying the brokerage fee to the intermediary as agreed in the agreement, skip the intermediary and secretly sign the sales contract.Buying a house is a complex thing, among which second-hand housing transaction is prone to a variety of risks, such as property rights, housing inspection, capital security, property disputes and so on. If there is no professional service organization to escort, once problems occur, it is often a huge loss and too late to regret.Jumping orders not only discourages those who work hard, but also makes property transactions riskier, and it’s not too much of an exaggeration to say that they fuel the industry’s vicious cycle.Before the Civil Code, the court punished the behavior of “jumping orders” mainly according to the Contract Law and the contract between the two parties and the principle of good faith.After the promulgation of the Civil Code, there are more specific provisions on the behavior of “jumping single”, and then there are laws to handle such cases.Article 965 of the Civil Code stipulates that “after receiving the services of an intermediary, the client takes advantage of the transaction opportunities or media services provided by the intermediary to bypass the intermediary and directly conclude the contract, the client shall pay remuneration to the intermediary.”That is to say, even if there is no other agreement in the intermediary contract, the client shall pay the service fee to the intermediary if he or she reaches a transaction bypassing the intermediary after receiving the intermediary’s services and taking advantage of the opportunities, resources or services provided by the intermediary.If the intermediary is “excluded”, it can collect evidence and claim rights against the client according to the above provisions.The Civil Code for the first time raises the behavior of “jumping orders” to the legal level, which not only protects the rights and interests of intermediaries, but also strictly regulates the behavior violating the spirit of contract.With the further improvement of China’s legal system, the advocacy of fairness and honesty in social economy is not only reflected in principle, but also in the conclusion and execution of contracts.Specific to this case, Zhang mou in the intermediary service company after the direct signing of a contract with Li Mou’s behavior is a dishonest behavior.In order to affirm the intermediary service company’s expenditure, should support its to zhang’s expense claim right.Article 961 An intermediary contract is a contract whereby the intermediary reports to the client an opportunity for concluding a contract or provides media services for concluding a contract, and the client pays the remuneration.Where a client, after receiving the services of a broker, takes advantage of the transaction opportunities or media services provided by the broker to conclude a contract directly bypassing the broker, it shall pay remuneration to the broker.It is particularly reminded that renting or buying a house are inevitable for rural migrant workers. In addition to providing certain transaction information, resources and services, intermediary service agencies are familiar with transaction procedures and rules and have certain professional skills in this field.Buying a house or renting a house should choose a formal and professional intermediary service agency, which can facilitate transactions in a safe, convenient and legal mode. Do not penny wise and pound foolish in order to save intermediary fees.Source: Jiangxi Civil Trial