However, if it is a "jump order", whether signing an agreement with the owner or signing an agreement with another intermediary, the intermediary service fee must be paid to A.
Legal analysis
The essence of an intermediary contract is that an intermediary agency uses its information network to find trading opportunities for its clients, which is the so-called "intermediary service". If it "looks at the house" and reaches an agreement with the owner to pay the deposit, even if there is no oral or written contract, it is actually considered as "actually fulfilling the contractual obligations" and enjoying the media service. As the main obligation of the service contract, the intermediary agency's obligation of "providing information" has been fulfilled. Therefore, "careless" buyers can only pay the corresponding intermediary service fees, because the losses caused by not investigating the corresponding market conditions are generally not protected by law-to some extent, the law protects the commercial subjects' behavior of making profits by using information asymmetry to some extent. It is reasonable to pay the agency fee.
However, if you just look at the house, you don't see the owner, and you don't sign an agreement to pay the deposit, it is regarded as a factual act and has no legal effect. Then no matter you sign an intermediary contract with Party B, Party C and Party D with higher prices, it will not cause a breach of contract.
legal ground
Article 963 of the Civil Code of People's Republic of China (PRC): If the broker facilitates the establishment of the contract, the client shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract. If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.
Article 179 of the Civil Code of People's Republic of China (PRC) bears civil liability mainly in the following ways: (1) Stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.
Article 577 of the Civil Code of People's Republic of China (PRC), if one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.