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近年来,房地产行业的“温度”一直居高不下。在司法实践中,房地产合同纠纷是民事审判案件中的重点,也是难点。据不完全数据统计,房地产合同纠纷案件有着逐年上升的趋势,而房地产居间合同纠纷占了房地产合同纠纷的比例也越来越高。由于居间合同有其固有的特殊性,而社会各界对居间合同纠纷的“跳单”行为未能有一致的理解,导致房地产居间合同纠纷出现了审判、执行不统一的现象。本文拟从居间合同的定义、“跳单”行为的性质进行分析并提出相应的法律建议,并期当事人对合同的签订有指导意义。
In recent years, the “temperature” of the real estate industry has been high. In judicial practice, real estate contract dispute is the focus of civil trial cases, but also difficult. According to incomplete statistics, real estate contract disputes have a rising trend year by year, and real estate contract disputes accounted for the proportion of real estate contract disputes are getting higher and higher. Due to the inherent particularity of the intermediary contract and the fact that all circles of society fail to have a consistent understanding of the “single hopping” behavior of the intermediary contract dispute, the intermediary contract dispute of real estate has appeared the trial and the execution is not uniform. This article intends to analyze and propose the corresponding legal suggestions from the definition of intermediary contract and the nature of the “single jump” behavior, and the parties concerned have the guiding significance for signing the contract.