"Jumping orders" for the provincial intermediary fee, the intermediary prosecution!The court was sentenced

During the period of exclusive package sales contract

Both buyers and sellers have not reached a transaction several times

After the contract expires, the transaction is transferred quickly after the expiry

The online signing contract price is significantly lower than the negotiation price

Does the buyer and the seller constitute a "jump order"?

How to judge

Basic case

Ms. Wang purchased the price of the villa involved in the case was 9.6 million yuan. Later Ms. Wang wanted to sell the villa, and then signed the "Exclusive Broken Sales Contract" with a real estate agency company, stipulating that the exclusive contract period from December 1, 2021 to December 31, 2021, the transaction price (deducting the agency fee Later) should not be less than 15.5 million yuan; after the transaction is successful, Ms. Wang will pay the intermediary service fee to the real estate agency company at 1.5%of the transaction price.

After the exclusive contracting contract was signed, the real estate agency company promoted the villa involved in the case to Mr. Liang. Under the leadership of the intermediary personnel, Mr. Liang went to the scene twice to see the house, expressed satisfaction with the house, and met with Ms. Wang to discuss the transaction matters with Ms. Wang under the recommendation of the real estate agency company. During the period, Mr. Liang also signed the "Interior Service Agreement" with the real estate agency company. After the transaction was successful, Mr. Liang would pay the intermediary service fee to the real estate agency company at 1.5%of the transaction price. Until December 28, Mr. Liang was bid to the villa involved in the case to 15 million yuan, but Ms. Wang did not agree to reduce the price.

In January 2022, the intermediary asked Ms. Wang and Mr. Liang whether they had the intention to continue the transaction: Mr. Liang said on January 7 that he would no longer buy the villa involved in the case; 16 million yuan. On January 26th, Ms. Wang and Mr. Liang signed the "Survival Contract of Stock Houses" with a transaction price of only 9.3 million yuan on the villa involved in the case, and successfully completed the transaction transfer procedures. According to the evidence submitted by Mr. Liang, the two parties completed the transfer procedures with the assistance of the staff of another intermediary company, but the buyer and seller did not sign a house to buy and sell the three parties with the intermediary company. remuneration.

After the real estate agency company knew the above situation, the case was filed by the case, advocating that Ms. Wang and Mr. Liang's above -mentioned behavior constituted a "jump order", and asked Ms. Wang and Mr. Liang to pay the intermediary service fee of 230,000 yuan to them.

Referee result

The first trial of the People's Court of Zengcheng District of Guangzhou: Ms. Wang and Mr. Liang paid 110,000 yuan to the real estate intermediary company to reject other lawsuits requests for real estate intermediary companies.

Ms. Wang and Mr. Liang were dissatisfied and filed a appeal respectively.

The second trial of the Guangzhou Intermediate People's Court: Reject the appeal and maintain the original judgment.

Judge

Mo Fang, a third -level senior judge of the Guangzhou Intermediate People's Court

"Jumping order" is an industry saying that refers to the client and the intermediary company to establish a commission agreement and accept the service of the intermediary. Establish a contract with the counterpart. In order to ensure the legitimate rights and interests of the intermediary and restrict the dishonesty behavior that violates the spirit of the contract, Article 965 of the Civil Code has legal regulations on the "jump order" behavior.

In this case, according to the exclusive contract sales contract, the intermediary company failed to promote the trading of houses before the expiration of the exclusive contract sales period, and there was no right to obtain intermediary remuneration. However, the transactions of the two parties in this case reached a transaction less than a month after the expiration of the exclusive package sales period. The transaction price is not only 6.2 million less than the owner's listing price, but also 5.7 million yuan less than the final transaction price proposed by the buyer during the exclusive package sales period, even less than even higher than that of the buyer. The owner's purchase price was 300,000 yuan, and the two -instance court of the buyers and sellers repeatedly explained that they refused to provide transaction flow. In addition, another intermediary company only collects a pay of 10,000 yuan. The price is significantly lower than the calculation standard of the intermediary service fee in Guangzhou. The claim, therefore ordered the buyer and seller to pay the agency company.

The judge reminded that on the premise of diligent responsibilities of the intermediary company, the buyer and seller should abide by the agreement on the intermediary service contract, pay an agency remuneration or pay the necessary expenses for intermediary companies to engage in intermediary service expenditures. In order to escape the payment agency fee, it deliberately bypassed the private transaction of the intermediary company. The "jump order" behavior of buyers and sellers is a default act that does not respect the labor results of the intermediary company and contrary to the principle of honesty and trustworthiness. In addition, the "jump order" behavior may increase the risk of real estate transaction, such as the buyer's "one -bedroom and two sale", etc., the buyer and seller may eventually pay the agency remuneration, and the dispute over the house trading contract. Money and other aspects have been lost in many aspects.

Law link

"People's Republic of China"

Article 9.61 The intermediary contract is the opportunity for the intermediary to report to the client to establish a contract or provide a media service for the establishment of a contract, and the client pays the contract.

Article 965 After receiving the services of the intermediary, the client uses the transaction opportunity or media service provided by the intermediary to bypass the intermediary to directly establish the contract, and shall pay the intermediary to pay.

Source: People's Court Newspaper, Guangzhou Intermediate People's Court

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