房屋买卖居间合同法律问题分析-民商法学专业论文.docxVIP

The real estate industry has a fast development in China in recent years.with the second-hand housing market booming,the second-hand house intermediary market becomes hotter and hotter. But there are not perfect laws and regulations in our country about the real estate agent, resulting in a large number of cases which are appealed to the court happens.Through analyses the larger hot issues about the sale and purchase intermediary contract , writer shows his own points to have a further guide for the judicial practice. The first part introduces the hot issues about building business brokerage contract disputes in judicial practice through the introduction of a typical case, and the main focus of controversy is how to decide the effectiveness on the parties and how to pay the intermediary remuneration,when there is confusion between case brokerage contract and the building business contract. The second part expounds the basic theory of the sale and purchase intermediary contract in our country from the perspective of legal theory,lists the law characteristics about building business brokerage contract ,and then analyses writer’s own understanding about the issues. The third part is the analysis of real life problems in the sale and purchase intermediary contract.Through the analysis of the proposed problem and solution, try to reduce the sale and purchase intermediary contract dispute. The fourth part forbids intermediary party engaged in trust business, strengthening the integrity of the seller obligations from the legislation perspective, and establishes some measures to perfect the legal system of the sale and purchase intermediary contracts,such as establish and perfect information disclosure system , and have the legislation on how to perfect intermediary compensation and damage compensation measures,and so on. Through clarifies the legal relationship of all parties in the contract , reduces even avoids trialing the confusion in the sale and purchase intermediar