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客户9次看房后换中介成交,算“跳单”还是“货比三家”?
Mei Ri Jing Ji Xin Wen·2025-08-27 14:22

Core Viewpoint - The article discusses the legal implications of "jumping orders" in real estate transactions, highlighting various court cases that define the conditions under which such actions are considered a breach of contract [2][4][6]. Group 1: Definition and Legal Cases - "Jumping orders" occurs when a client bypasses a real estate agent to finalize a deal directly with the property owner, often leading to disputes over commission fees [2][5]. - A case from Sichuan Province illustrates that even without a written contract, a relationship can be established through actions such as viewing properties and receiving information, leading to a ruling of "jumping orders" [2][6]. - The Beijing First Intermediate Court case emphasizes that three criteria must be met to determine "jumping orders": acceptance of intermediary services, utilization of transaction opportunities, and bypassing the intermediary to sign a contract [6][12]. Group 2: Court Rulings and Precedents - The Supreme Court's 2011 guiding case established that if a buyer obtains property information through legitimate means and completes a transaction without the intermediary, it does not constitute "jumping orders" [6][7]. - In a recent case, a company that used one intermediary but signed a lease with another was ruled not to have committed "jumping orders" due to the lack of exclusive service and the higher rent negotiated with the second intermediary [5][6]. - Another case in Guangzhou demonstrated that both parties involved in a transaction that occurred after the exclusivity period of a contract were found to have maliciously "jumped orders," resulting in a court ruling for the payment of commission fees [12][13]. Group 3: Implications for Real Estate Agents - Real estate agents are advised to document their services, including communication records and viewing confirmations, to establish their role in facilitating transactions and protect their commission rights [12][13]. - The article suggests that the determination of "jumping orders" hinges on whether the client accepted the intermediary's services, utilized the provided transaction opportunities, and subsequently bypassed the intermediary [12][13].