What kind of buying behavior is "jumping orders"?

I have been a real estate agent for many years, and I have met some people who "jump orders". I will tell you what kind of buying behavior is "jumping orders" today.

Let's talk about the recent hot search "Jason Nana buys a house" incident. This incident attracted everyone's attention, but it was later decided by the court that it did not constitute a "jump order" behavior. Next, let me explain why.

Let's take a look at the definition of "jump order" in the Civil Code.

Article 965 of the Civil Code stipulates: "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 directly conclude a contract." Combined with legal provisions and typical cases, the constitutive requirements (manifestations), remuneration payment, effectiveness and other issues of the prohibition of "job hopping" are sorted out as follows.

Note that "directly concluding a contract" here refers to direct transactions between the two parties without any intermediary. In reality, sellers usually entrust their houses to a number of intermediaries for listing. If the buyer facilitates the transaction through another intermediary with lower agency fee and better service, it does not constitute a "jump order". Therefore, in the event of "Jason Nana buying a house", it is impossible to confirm the establishment of the intermediary contract relationship between Aaron Company and Nana only by looking at the house, and it is even more impossible to confirm that Nana knew in advance or afterwards that she would bear the legal consequences of entrusting another intermediary after looking at the house. Therefore, there is no "jump order" between Nana and Sihe Center.

Therefore, from the provisions of the Civil Code, we can draw the following three elements of "jumping orders": ① accepting the services of intermediary institutions; (2) using information opportunities or media services provided by intermediaries; ③ Bypass the intermediary and conclude the contract directly. Among them, the third point is also the expression form of "jumping orders", which mainly has the following three specific ways. I will explain it to you with specific cases.

1. The client directly signs a contract with the counterpart of the contract.

Let's give a real case around us. Xiao Zhang, the agent, received a call from a client who wanted to find an apartment suitable for him, so Xiao Zhang found a satisfactory apartment for the client. After seeing the house, the client expressed satisfaction and began to communicate with the other party of the contract. Because the other party to the contract has no direct contact information, Xiao Zhang communicates through an intermediary company. In the process of communication, Xiao Zhang found that the other party of the contract was not very cooperative and often delayed time. Xiao Zhang spends a lot of time and money because he needs to communicate with the other party of the contract constantly. Finally, the customer bypassed the intermediary privately and signed the contract directly with the other party, which made Xiao Zhang feel very disappointed. In the end, Xiao can only bear the loss silently.

2. The client signs a contract with the other party through other intermediaries.

Just before, I saw this matter mentioned in the peer circle. During the performance of the intermediary contract, the customer Mr. Pan had a dispute with the intermediary company because he needed to pay the service fee of the loan company, and then Mr. Pan completed the transaction through other intermediaries. In the end, the court found that the main terms of the contract signed by Mr. Pan were highly consistent with the previous contract, and later found that Mr. Pan "jumped the bill" when the original intermediary was successful, which constituted a breach of contract.

Three. The client signs a contract with the other party through relatives, friends and other interested parties.

I happened to see this report on the Internet. Mr. Zhou signed a confirmation letter with the intermediary company, stipulating that the intermediary company would be the exclusive agent for him to buy a certain property. According to the confirmation, Party A includes Party A himself or Party A's agents, relatives, employers and other related parties. Although Mr. Zhou completed the tour in the intermediary company, his mother completed the transaction with the help of other intermediaries. As this behavior was recognized by the court as a "jump order" breach of contract, Mr. Zhou was held accountable.

The above are the three situations of "jumping orders" I introduced, hoping to help everyone. It is illegal to "jump the bill". Don't forget the righteousness just because you are greedy for small profits.