Stars are caught in the "jumping single" storm when buying a house: how to identify is the key, and the transaction has hidden risks.

Recently, it was revealed on the Internet that the stars Jason and Nana skipped the agency with the house to save the agency fee and directly signed a contract with the landlord to buy a house, which caused widespread discussion. On the afternoon of February 8, Nana and Jason issued a statement through Shanghai Landy Law Firm, denying the existence of jump orders.

The question is, how to identify jump orders in housing sales transactions? What is the impact of jumping orders? What should I do if the intermediary encounters a jump order? The Beijing News reporter interviewed a number of brokers and industry experts, who gave an authoritative interpretation.

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It is not uncommon to skip orders.

How to identify is more troublesome.

Although Nana and Jason deny the existence of single jump, single jump is not uncommon in the real estate brokerage industry, especially in first-tier cities such as Beijing, Guangzhou and Shenzhen. The higher the value of the house, the greater the probability of single jump.

What is a jump instruction? Skip list refers to the behavior that one or both parties skip the intermediary and sign a sales contract privately to avoid or reduce the obligation to pay the intermediary fee as agreed. During the interview, many brokers said that they had encountered the situation of jumping orders. A broker explained, "More single-jumping behavior is that after the buyer looks at the house through an intermediary agency, the intermediary agency facilitates the transaction between the buyer and the seller and charges a higher intermediary fee, but it may only take 0.5% or 1% for the buyer to go through the formalities with other intermediaries."

So, how to identify the jump order? Lawyer Wang Shude, a partner of Beijing Cigna Law Firm, legal adviser of the General Office of the Ministry of Housing and Urban-Rural Development of China and legal adviser of the Beijing Real Estate Agency Association, told the Beijing News reporter that the Civil Code clearly stipulates that if buyers and sellers do use the trading opportunities or media services provided by intermediaries or intermediaries to facilitate the transaction, they must definitely pay full compensation to the intermediaries. "

According to the provisions of Article 965 of the Civil Law, "after accepting the services of the broker, the client shall pay remuneration to the broker if he directly enters into a contract by taking advantage of the trading opportunities or media services provided by the broker."

"After the introduction of the Civil Code, the industry has become more standardized, and there are many such situations." Wang Shude said that an important criterion to measure the jump order is whether the buyer used the housing information or media services provided by the intermediary company. This point may be a bit controversial. If this attribute is exclusive, there is no dispute. If the property is not exclusive and the intermediary company can't prove that it played a decisive role in the matchmaking transaction, then it may not be recognized as a single jump.

Regarding how to deal with the buyer's jump, Wang Shude further stated that an intermediary is needed to provide evidence. If the intermediary wants to get the commission back, it needs to provide two pieces of evidence. First, you must prove that you have indeed provided services such as exhibition, matchmaking and negotiation to buyers; Second, it is necessary to prove that the buyer who accepts the service knows the charging standard of the institution. If they can't prove it, or haven't talked about the agency fee, the buyers may not be able to pay the agency fee completely according to the requirements of the agency. The court may, at its discretion, require the buyer and seller to pay a certain amount of agency fees. The specific dosage is generally subject to the relevant industry standards.

The manager of a well-known intermediary agency said, "The core service provided by the intermediary is not only to display the housing. In fact, the core service is to select houses that meet the needs of buyers from a large number of houses through professional ability and vision, including familiarity with products, thus saving buyers' time and energy in choosing houses and helping sellers sell houses. Therefore, the agency fee must be given. As for how much to give, the parties concerned can negotiate. "

"After the introduction of the Civil Code, intermediaries have laws to follow. As long as the evidence of the intermediary agency is sufficient, it can prove that the service is provided and that the intermediary fee is accepted by the other party, basically, the intermediary fee can be requested in full. " Wang Shude stressed.

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The list of fugitives was written into the civil code,

But in reality, it is difficult to obtain evidence.

It is worth mentioning that in real house sales, brokers rarely ask for a refund of agency fees or protect their rights and interests through legal channels even if they encounter the phenomenon of jumping orders. The main reason is that it is more troublesome to obtain evidence. At present, although some intermediaries require to sign a confirmation letter before viewing the house, it is difficult to standardize every broker in actual operation, and many property buyers are unwilling to sign a confirmation letter. In addition, many sellers are unwilling to sign exclusive agreements, but choose multiple intermediary agents, which leads to the situation that a house is favored by multiple intermediaries. Buyers will finally decide which intermediary to buy by comparing the costs and service levels of various intermediaries.

"After the introduction of the Civil Code, the industry has more protection, but it still faces the imagination of obtaining evidence. After seeing the house, buyers will generally say that they don't buy, don't consider, or want to buy another house. It is impossible for brokers to directly knock on the door to confirm or just see buyers jumping orders. " Nie Ningfei, manager of Shell 2 1 Century Real Estate Fuzhou Guizunyuan Store, told the Beijing News reporter, "There are no cases of litigation because of jumping orders. Because the process is more troublesome, ordinary brokers will not operate, or rely on industry consciousness. "

In order to cope with the jump orders, some intermediaries have established more self-protection mechanisms, such as keeping the evidence of entrusted house inspection in the system. Take an intermediary platform as an example. After the buyer takes a fancy to a set of houses, the system will send the buyer a link to the house. After the buyer clicks in, it will display the relevant page of entrusting to find a house. After clicking agree, the phone number will be left in the system. In addition, when looking at the house, there is also a positioning punch, that is, the broker will let the buyers scan the QR code of the corresponding house, which shows that the broker has seen the house. Once the buyer jumps the order, the intermediary agency can get more protection from the legal level.

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Industry: Jumping orders may cause greater economic risks.

Is not desirable

Yan Yuejin, a well-known real estate analyst, said, "In the first-tier cities of Beijing, Guangzhou and Shenzhen, the value of each house is relatively high, and the difference in agency fees is also relatively large. Therefore, in some large-scale housing transactions, the behavior of jumping orders is more common. No matter how the jump event develops, at least one thing needs to be clear. Jump orders infringe on the rights and interests of intermediaries and brokers. "

In Nie Ningfei's view, the intermediary industry did not give so much money. Before the transaction is concluded, both the buyer and the seller will not pay any fees and enjoy the services free of charge, including matching the housing, and the broker will help the buyer show it to the owner. The broker pays before the transaction, and there is no return. Only when the buyer and the seller make a deal can the fee be paid. Therefore, buyers jump orders at a glance, which has a great influence on brokers and intermediaries.

Guo Yi, chief analyst of Heshuo Real Estate Agency, also pointed out that for many people, the agency fee is high, but if the buyers skip orders and operate privately, although the agency fee is saved, there may be greater risks in the process of housing sales.

"Intermediary is not only an information platform, but also a platform to protect the rights and obligations of buyers and sellers. It will protect the rights and interests of buyers and sellers through the design and promotion of a series of rules and processes, while avoiding related risks in the transaction process. " Guo Yi said, for example, there may be some risks in the house itself. The intermediary will remind the buyer to pay attention to the credit publicity during the transfer process and the safety of the funds of the buyers and sellers. Intermediaries can also ensure the safety of the funds and real estate transactions of buyers and sellers. In addition, after the housing transaction is completed, the delivery of the whole property needs the assistance of intermediary agencies, which can better protect the rights and interests of buyers and sellers and avoid a series of risks such as failure to hand over the house on time.

"In order to ensure the security of the entire housing transaction, I still suggest that buyers realize the transaction through a relatively reassuring intermediary platform. Jumping a single order saves a small amount of money, but it may cause greater economic risks, which is not desirable. " Guo Yi stressed.

Beijing News reporter | Zhang Xiaolan