房地产居间合同纠纷的若干问题研究

发布时间：2018-07-10 19:31

本文选题：居间合同 + 跳单　；参考：《沈阳师范大学》2013年硕士论文

【摘要】：本文中的房屋买卖交易均为二手房买卖，房地产中介服务在这里仅指向房地产经纪活动。近些年来，房地产中介行业以其投入少、经营灵活、方便快捷的特点活跃在市场上，在国家利好政策的扶持下有了一定程度的发展，成为推动经济迅猛发展的助推器，在市场经济活动中发挥着重要作用。房屋买卖有一手房交易也有二手房交易，二手房和一手房相比，二手房交易程序更为复杂，二手房一般都是个人之间的交易，不仅有买卖房屋双方当事人，还会牵涉到房地产中介公司。房地产中介为房屋买卖双方牵线搭桥，依靠其专业人员掌握的专业知识以及特殊的组织机构和活动方式，为委托人提供专业化的居间服务，满足交易双方的需求。但是，目前中介市场混乱无序，欺诈现象、乱收费的现象层出不穷，伴随而来的纠纷不断发生，一旦发生纠纷就相互推卸责任，往往致使卖房者或购房者的利益遭受损失，而相关的法律法规还很滞后，监管不到位，无法很好的解决纠纷问题。鉴于此，笔者本着为房屋购买者及出售者服务的宗旨，同时兼顾保护中介的合法利益为出发点，立足我国现行房地产法律法规，通过研究二手房居间合同纠纷的典型案例，破解房地产中介的陷阱，才能在交易中避免被动，防范风险，化解风险，切实维护市场主体的合法权益。本文以房地产居间合同纠纷为研究对象，对纠纷产生原因进行调查分析，弄清其特点及其形成过程，从中选取典型案例，展开探讨。通过对房地产居间合同纠纷产生原因的分析，归纳出了委托人的“跳单”行为和居间人的“吃差价”行为、“乱收费”行为、违反如实告知义务行为是诱发房地产居间合同纠纷的重要因素，接着对“跳单”行为进行认定、中介陷阱进行识别、“乱收费”原因进行分析、履行如实告知义务的必要性进行说明，最后针对扰乱房地产中介市场的不规范行为提出合理的意见，采取一些措施手段减少由此类行为引发的纠纷，保护市场主体的合法权益，让房地产中介取信于民，，使房地产中介市场走上健康有序的发展道路。
[Abstract]:In this paper, housing transactions are second-hand housing transactions, real estate intermediary services here only point to real estate brokerage activities. In recent years, the real estate intermediary industry is active in the market with its characteristics of low investment, flexible management, convenient and fast operation, and has developed to a certain extent with the support of the national favorable policies, and has become a booster to promote the rapid development of the economy. In market economy activity is playing an important role. There are also second-hand housing transactions in housing transactions. Second-hand housing transactions are more complicated than first-hand housing transactions. Second-hand houses are generally transactions between individuals, not only the parties involved in buying and selling houses, Will also involve real estate intermediary companies. Real estate agents connect buyers and sellers, rely on their professional knowledge and special organization and activities to provide professional intermediary services to clients to meet the needs of both parties. However, at present, the intermediary market is chaotic, the phenomenon of fraud, and the phenomenon of random collection of fees emerge in endlessly. The disputes that accompany them occur constantly. Once disputes arise, they shirk their responsibilities, which often results in the loss of the interests of the house sellers or buyers. And the relevant laws and regulations are still lagging behind, supervision is not in place, can not resolve disputes. In view of this, the author, based on the purpose of serving buyers and sellers of houses and taking into account the legitimate interests of intermediaries, based on the current real estate laws and regulations of our country, studies the typical cases of disputes over second-hand housing intermediation contracts. Only by breaking the trap of real estate intermediary can we avoid passivity, guard against risks, dissolve risks and safeguard the legitimate rights and interests of market subjects. This article takes the dispute of the real estate intermediary contract as the research object, investigates and analyzes the causes of the dispute, clarifies its characteristics and its forming process, selects the typical case from it, and probes into it. Through the analysis of the causes of the disputes in the real estate intermediary contract, the author concludes the principal's behavior of "jumping order", the behavior of "eating the difference" and the behavior of "charging arbitrarily". The act of violating the obligation to inform truthfully is the important factor that induces the disputes of the real estate intermediary contract. Then, it identifies the "jump order" behavior, identifies the intermediary trap, and analyzes the causes of "random charge". The necessity of fulfilling the obligation of truthful notification is explained. Finally, reasonable opinions are put forward on the non-standard behavior of disrupting the real estate intermediary market, and some measures are taken to reduce the disputes caused by such acts and to protect the legitimate rights and interests of the market subjects. Let the real estate intermediary trust, so that the real estate intermediary market on a healthy and orderly development road.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.29;D923.6

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