As far as the jump order itself is concerned, it is very common in the sale of second-hand houses, and the related judicial disputes have never stopped. In the view of some intermediaries, as long as the buyers and sellers of houses accept any services including house viewing and bargaining, but fail to sign a formal house sales contract through their own intermediaries, they are considered as "jumping orders". But in fact, the provisions of the Civil Code on "jumping orders" are much stricter than this, and it is not so easy to identify "jumping orders". According to Article 965 of the Civil Code, the consequences of the client entering into a contract with a third party in private stipulate that after accepting the services of the broker, the client shall pay remuneration to the broker if he uses the trading opportunities or media services provided by the broker to bypass the broker and enter into a contract directly.
How to identify in judicial practice? First of all, since it is a single jump, there must be a single jump, that is, there must be an objective intermediary contract. Generally speaking, if the buyer only accepts the house inspection service provided by the intermediary and does not sign an intermediary contract with the intermediary, even if the buyer signs a contract with the seller after bypassing the intermediary, it will not constitute a "jump order" in any case.
Secondly, according to the relevant guiding cases provided by the Supreme People's Court, as long as the house seller does not sign an exclusive agency contract with an intermediary agency, but entrusts a number of intermediaries to sell the house at the same time, then the seller does not constitute a jump order and does not need to bear the liability for breach of contract to the intermediary agency that provides services. For the house buyer, as the same house information is released by many intermediaries, as long as the buyer obtains the house information through proper channels, the buyer has the right to choose an intermediary company with low quotation and good service among many intermediary companies to facilitate the transaction, which is not a "jump order" breach of contract.
I believe everyone can understand the reasons for this. Otherwise, in order to expand the transaction probability, the seller signed agency agreements with ten intermediaries, so that one of them must pay the fees to the other nine intermediaries after the transaction, thus promoting fair competition among housing sales agencies, improving service quality and protecting the legitimate rights and interests of consumers.
It should be noted that at this time, although both the buyer and the seller do not need to bear the liability for breach of contract of "jumping orders" to the intermediary, they need to pay the necessary expenses paid by the intermediary. This point is also clearly stated in the relevant provisions of the Civil Code on intermediaries claiming necessary expenses.
However, if the intermediary took the buyer to see the house and really helped in the price negotiation, then the buyer signed a contract with the seller privately and jumped out of the intermediary, which is a real jump and needs to bear the corresponding liability for breach of contract! In this case, the seller must provide his own transaction without using the information provided by the intermediary, and there are other factors, but the necessary expenses of the above intermediary cannot be avoided! This needs to be known to everyone.