What does it mean to buy a house by jumping orders? Is it illegal to buy a house and skip orders .

Jumping orders to buy a house "refers to".After the buyer and seller are contacted through the intermediary service of the intermediary, they jump out of the intermediary and make a transaction on their own or entrust other intermediary companies to handle the transfer service on their behalf, so as to avoid the payment of the intermediary fee or the underpayment of the purchase of the house

Zhang Jie and Xie Na were exposed not long ago to skip orders to buy a house. A netizen broke the news on the Internet that Zhang Jie and Xie Na skipped signing a contract with the landlord to buy a house in order to save money, and this house was introduced to the two by themselves. The whistleblower also said that Zhang Jie and Xie Na had threatened him with a lawyer for the matter, and if they dared to speak out about it, then they would send themselves to prison through legal means.

According to relevant reports, the house purchased by Zhang Jie and Xie Na is located in the Sinan Mansion in Shanghai, with a total price of 62 million yuan and an area of 341 square meters. Before (it is said to be three years ago), this agent had recommended this house to Zhang Jie and Xie Na, and took the two to see the house.

But in the end, the two did not buy the house because they didn't like it. Later, after the house **, the intermediary (that is, the whistleblower) learned that the buyers of the house were Zhang Jie and Xie Na. The two of them skipped the intermediary, thereby saving a huge amount of intermediary fees and successfully implementing the behavior of skipping orders to buy a house.

Zhang Jie and Xie Na have not given any response to this matter, and we don't know whether the matter is true or not. But in any case, I think they have something to do with it, and there is no doubt that their reputations will be damaged to some extent as a result.

So is it legal to buy a house and skip orders? Needless to say, this behavior is not legal!

According to Article 425 of the Contract Law, the intermediary shall truthfully report to the client on matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, he shall not demand payment of remuneration and shall bear the liability for damages.

Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. Where there is no agreement on the intermediary's remuneration or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 61 of this Law, it is to be determined on the basis of the intermediary's reasonable version of labor services. Where the conclusion of a contract is facilitated by the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the intermediary's remuneration equally.

In fact, the act of jumping off orders to buy a house is not only illegal, but I also think it is immoral。After all, the buyer and the seller use the resources of the agent, and without the introduction of the agent, the buyer may not be able to buy the house he wants, and the seller may not be able to sell the house smoothly.

So, since you have chosen an intermediary, you still have to pay the necessary fees. You don't have to find an agent, but don't hurt them, after all, life is not easy for anyone.

Generally, it means that the original person found an agent to buy a house, and later the person skipped the agent and signed an agreement with the landlord to buy the house without paying the agency fee.

"Skipping orders", also known as "skipping intermediaries", refers to the behavior of one or both parties skipping the intermediary and signing the sales contract without permission in order to avoid or reduce the obligation to pay the intermediary fee to the intermediary in accordance with the agreement, or the behavior of the owner suddenly changing the intermediary service provider in the process of purchasing a house.

Most intermediaries will ask customers to sign a "confirmation of showing the house" after taking them to see the house, which usually contains the content of restricting "skipping orders" to protect their own interests.

Skipping orders "intermediary services also need to pay".

The court held that the housing agent A provided the first information to the rental company and took it to see the house several times, and drafted the content of the lease contract after many negotiations, and it should be determined that the rental company accepted the services of the housing agent A. In addition, the important terms of the contract issued by real estate agent B are basically the same as those of the contract drafted by real estate agent A, and it should be determined that real estate agent B actually used the services provided by real estate agent A.

According to Article 965 of the Civil Code, if the client, after accepting the services of an intermediary, uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary to directly conclude a contract, it shall pay remuneration to the intermediary.

The court ultimately found that the rental company should pay a service fee to real estate agent A. The judge held that the act of "skipping orders" will not only make the agent's efforts unrewarded, but also increase the risk of real estate transactions. The Civil Code clearly stipulates the behavior of "skipping orders", and for the first time elevates the behavior of "skipping orders" to the legal level, which not only protects the rights and interests of intermediaries, but also strictly regulates behaviors that violate the spirit of the contract.

Buying a house and skipping orders is suspected of violating the law. Buying a house is when the principal accepts the services of the intermediary in the housing transaction, refuses to complete the intermediary service with the intermediary in order to avoid the intermediary fee, and then enters into a contract with a third party known by the intermediary.

Three conditions need to be met for order skipping to be recognized:

First, the intermediary needs to provide certain intermediary services, including signing a contract, making an appointment to see the house, online or on-site introduction**, etc.

Second, the entrusting party uses the trading opportunities or intermediary services provided by the intermediary, such as the intermediary's exclusive **set**, which has no other branches, which can exclude the possibility that the entrusting party obtains ** through other channels, so if the intermediary is bypassed to make a transaction, it can be presumed that the intermediary has used the intermediary's trading opportunities.

Third, bypassing intermediaries to sign contracts, including signing privately and using other intermediaries to sign contracts. In practice, there will be many clients who, after obtaining a transaction opportunity through a larger intermediary, such as a certain one, will bypass the intermediary and sign a contract directly, considering that the intermediary fee is high.

There may be the following risks associated with skipping orders when buying a house:

1) Buyers skipping the agent to buy a house may have the risk of the owner absconding with the money.

2) When helping buyers to match, the intermediary will review the situation to ensure the authenticity of the property and whether the documents are complete. Buyers skipping the agent to buy a house may have the risk of not being able to complete the house.

3) There is a risk of being blacked out by the intermediary industry;

4) If the intermediary contract has been signed with the intermediary company in advance, and the intermediary company can sue the court for breach of contract on the grounds of breach of contract, requiring the buyer to bear the corresponding liability for breach of contract.

Legal basis

Civil Code of the People's Republic of China

Article 961: An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.

Article 965:If, after accepting the services of an intermediary, the client takes advantage of the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract, he shall pay remuneration to the intermediary.

This kind of behavior is a clear "skipping order", which will not only appear to be very discredited, but in serious cases, the buyer will also need to pay a certain amount of compensation to the real estate agent.

In real life, many people do not seem to have the corresponding spirit of contract, and at the same time, they do not have the corresponding business quality. If we are looking for a real estate agent or other agent, the first thing we need to do is to respect the results of others' services and at the same time demand ourselves and others as professionally as possible. For ordinary people, many people may think that real estate agents will cheat themselves, and some people even want to deliberately skip real estate agents to save money, which in itself is a manifestation of a serious loss of contract spirit.

This behavior is a clear "order skipping".

The reason is very simple, if the real estate agent has already viewed the house once with the buyer, regardless of whether the buyer has contacted the landlord or not, the buyer needs to go through a real estate agent to complete the relevant transaction. For home buyers, if there is no intermediary, it is impossible for home buyers to find relevant **, let alone the landlord of this **. In this case, the buyer cannot contact the landlord of ** privately, and this behavior can be defined as "skipping orders".

The nature of "skipping orders" is very bad.

Although I am not a practitioner in the real estate industry, for these service personnel, because they themselves rely on their own services to make money, many people will also use the corresponding professional qualities to envy filial piety to help us save my brother's manuscript time. If a home buyer deliberately "skips orders", this behavior not only does not respect the fruits of others' labor, but also seriously loses the spirit of the contract. In this case, if the buyer's behavior causes substantial losses to the real estate agent, the buyer is not only required to pay the agent's fees normally, but also needs to pay the corresponding compensation to the agent.

Finally, the most basic choice between people is to keep their credibility and the spirit of contract, and if a person can't even do this, there is a problem with that person's behavior.

Buying a house and skipping orders refers to the fact that after the two parties to the transaction are contacted through the services of the intermediary, they avoid the intermediary, close the transaction on their own or entrust other macro lead intermediaries to handle the transfer service, so as to avoid the payment of intermediary fees. Generally, there is a skip order because the intermediary charges too high or the service is not in place, and it is easy to skip the order.

According to the relevant laws and regulations, it can be known that the intermediary shall report to the client on matters related to the signing of the contract. Where an intermediary intentionally conceals important matters related to the signing of the contract or provides false information, thereby harming the rights and interests of the client, he or she shall not demand payment of remuneration and be liable for damages.

Buying a house and jumping orders can be dealt with by communicating with the agent. If there is indeed an act of skipping orders, then it is actually an illegal act, and it is very exciting for the intermediary to find his own claim. If there is no agreement with the intermediary before, then the intermediary entanglement can seek legal help.

The meaning of real estate skipping is that the buyer has signed a contract through a third party known by the intermediary, in which the buyer is an intermediary who has signed a service contract with the intermediary and also provides relevant services, and the skipping order is generally the responsibility of the buyer. If the buyer and the agent do not have a service contract, then the buyer can also negotiate with the agent to resolve the issue.

It is illegal to buy a house and skip orders, because if the buyer and the intermediary have reached a cooperation agreement and signed the relevant contract, and finally due to the buyer's reasons, they fail to reach an agreement and choose to skip the order, then they need to bear the corresponding illegal responsibility, and they also need to compensate for the economic losses of the intermediary service, and the specific compensation standard is implemented according to the intermediary service contract signed by both parties.

The above is about the question of what it means to buy a house and jump orders, which means that an agreement has been reached between the buyer and the intermediary, and the corresponding services have been provided, and finally the buyer has signed a contract through a third party known by the intermediary to reach an agreement, and this process is the act of skipping orders.