What is a “jump sheet”?Buying a house “jump single” illegal?
In many second-hand housing transactions, the intermediary usually plays a very important role, his existence for the buyers and sellers to build a bridge of information, but also for the transaction process to provide a certain supervision and security.But the choice of intermediary services can not get around the “intermediary fee”, some people want to save the intermediary fee, they think of in the middle of the transaction to choose “jump”.We all know skipping is shameful, so what exactly is skipping?Is it illegal to buy a house?The following small make up to expand with you to say.What is a “jump sheet”?”Jump” behavior is also called “jump intermediary”, it means that the buyer or seller has signed the pre-sale confirmation, entrustment purchase agreement or sale agreement with the intermediary (company), and the intermediary company has performed the obligation of providing exclusive resource information and promoting the buyers and sellers to meet and negotiate in accordance with the agreement.In order to avoid or reduce the obligation of paying the brokerage fee to the intermediary as agreed in the agreement, one or both parties skip the intermediary and secretly sign the sales contract.The occurrence of “jump order” behavior is usually related to the transaction side that the intermediary fee is too high or the transaction side that the intermediary service is not in place.Buying a house “jump single” illegal?It is a common type of dispute of intermediary contract to Sue the client for breach of contract by “jumping orders”.The court hears this type of case and determines whether it constitutes a “jump order” breach, mainly considering the following three aspects: 1. Whether the intermediary actively performs the intermediary service.Mediation as a contract whereby the broker presents primary obligation is to the client an opportunity to enter into a contract or provides the client with intermediary services, so the mediation can claim “jump”, the premise of default depends on whether the brokerage contract have been concluded, the mediation is to provide housing information, field view the housing intermediary services, such as whether the active intermediate duty.Ii. Whether the client makes use of the intermediary service provided by the intermediary to close the transaction.This is the key to measure whether the principal “jump”, focusing on the authorization of the intermediary is exclusive agent or non-exclusive agent;In the case of non-exclusive agency, that is, the seller is “placing” in multiple intermediaries at the same time, factors such as the sequence of contracting opportunities provided by multiple intermediaries, the degree of performing intermediary services, and which intermediary company’s media services are actually used by the principal should be considered.3. Whether the client intends to evade paying the brokerage fee.Whether the client paid a reasonable consideration for the transaction is an important basis to determine whether it constitutes a “jump order” breach of contract. When the client takes advantage of the information and opportunity provided by the intermediary to make a private transaction without paying the intermediary fee, or to make a malicious transaction with another intermediary to pay less intermediary fee, it is likely to constitute a “jump order” breach of contract.To sum up, in some cases, if both parties choose jump orders, they need to bear the corresponding liability for breach of contract.Jumping behavior itself is shameful, but also to bear the corresponding legal responsibility.If you want to save money, there are other things you can do, such as negotiating with an agent to lower your brokerage fee or negotiate a lower home price.Source: Fangtianxia