As far as order skipping is concerned, it is very common in second-hand housing sales, and related judicial disputes have never stopped. In the eyes of some intermediaries, as long as a house buyer or seller accepts any services including house viewing and price negotiation, but ultimately fails to sign a formal house sales contract through their own intermediary, it is considered a "jumping order." But in fact, the provisions of the Civil Code on "jumping orders" are much stricter than this, and it is not that easy to identify "jumping orders". According to Article 965 of the Civil Code, the consequences of a client privately entering into a contract with a third party stipulate that: after accepting the services of an intermediary, the client uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract. , remuneration should be paid to the intermediary.
How to identify it in judicial practice? First of all, since it is a single hop, there must be a single hop, that is, there must be an objective intermediary contract. Generally speaking, if the buyer only accepts the home inspection service provided by the intermediary and does not sign an intermediary contract with the intermediary, even if the buyer bypasses the intermediary and signs a contract with the seller, it will not constitute a "jumping 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 instead entrusts multiple intermediaries to sell houses at the same time, the seller does not constitute If you skip an order, you do not need to bear any liability for breach of contract to the intermediary that provides the service. For house buyers, since the same house information is released by multiple intermediaries, as long as the buyer obtains the house information through legitimate channels, the buyer has the right to choose an intermediary company with a low price and good service among multiple intermediary companies. Facilitating a transaction, this behavior does not constitute a breach of contract of "jumping orders".
I believe everyone can understand the reason for this. Otherwise, in order to expand the probability of transaction, the seller signs agency agreements with ten intermediaries, so that one of them must pay fees to the remaining nine intermediaries after the transaction, thereby promoting fair competition among house sales agencies, improving service quality, and protecting legitimate rights and interests of consumers.
It should be noted that although neither the buyer nor the buyer needs to bear the liability for breach of contract by the intermediary at this time, they need to pay the necessary fees paid by the intermediary. This point is also clearly stated in the relevant provisions of the Civil Code regarding the intermediary’s claim for necessary expenses.
However, if the intermediary takes the buyer to see the house and indeed provides help in price negotiation, then the buyer privately signs a contract with the seller and jumps out of the intermediary, which is a real jump and needs to bear corresponding liability for breach of contract. ! In this case, the seller must present his own transaction without using the information provided by the intermediary, among other factors, but without avoiding the necessary fees of the above mentioned intermediary! Everyone needs to know this.