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Li Yandong v. Shanghai Hanyu Property Consultancy Co., Ltd. (a case about dispute over an intermediary contract)
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李彦东诉上海汉宇房地产顾问有限公司居间合同纠纷案
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Li Yandong v. Shanghai Hanyu Property Consultancy Co., Ltd. (a case about dispute over an intermediary contract)
(a case about dispute over an intermediary contract)
李彦东诉上海汉宇房地产顾问有限公司居间合同纠纷案
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| Li Yandong v. Shanghai Hanyu Property Consultancy Co., Ltd.(a case about dispute over an intermediary contract) | | 李彦东诉上海汉宇房地产顾问有限公司居间合同纠纷案 |
| [Judgment Abstract] | | [裁判摘要] |
| In intermediary activities of real estate transactions, the intermediary agency (intermediary) shall assume the duty of care that meets the requirements for a professional intermediary agency for the entrusted matter and intermediary services, pay attention to examining and verifying the authenticity of such evidentiary materials as identities of parties to the transaction, ownership of the real estate, agency by agreement, and credit standing. Where the intermediary agency fails to perform the necessary duty of care and fails to identify any material defect or flaw in the relevant materials provided by one party, causing the other party's suffering from losses by fraud, it shall assume the compensation liability within the corresponding range according to the degree of its fault. | | 在房屋买卖居间活动中，中介公司(居间人)对于受托事项及居间服务应承担符合专业主体要求的注意义务，注重审查核实与交易相关的主体身份、房产权属、委托代理、信用资信等证明材料的真实性。中介公司因未尽必要的注意义务而未能发现一方提供的相关材料存在重大瑕疵、缺陷，由此使另一方受欺诈遭受损失的，应根据其过错程度在相应的范围内承担赔偿责任。 |
| BASIC FACTS | | |
| Plaintiff: Li Yandong, male, 29 years old, Han ethnicity, domiciled at Bao'an District, Shenzhen City, Guangdong Province. | | 原告：李彦东。 |
| Defendant: Shanghai Hanyu Property Consultancy Co., Ltd., domiciled at Anting Township, Jiading District, Shanghai Municipality, with the actual business premises in Jiabang Road, Xuhui District, Shanghai Municipality. | | 被告：上海汉宇房地产顾问有限公司。 |
| Legal Representative: Shi Shaoming, Chairman of the Board of Directors of this Company. | | 法定代表人：施少鸣，该公司董事长。 |
| Plaintiff Li Yandong filed a lawsuit with the People's Court of Jiading District, Shanghai Municipality against defendant Shanghai Hanyu Property Consultancy Co., Ltd. (hereinafter referred to as “Hanyu Property”) for dispute over an intermediary contract. | | 原告李彦东因与被告上海汉宇房地产顾问有限公司(以下简称汉宇地产)居间合同纠纷案，向上海市嘉定区人民法院提起诉讼。 |
| Plaintiff Li Yandong alleged that: On March 7, 2012, he concluded an agreement on the sale and purchase of Room 301 located at No. 4, No. 6869 Lane, Shangnan Road, Pudong New District, Shanghai Municipality (hereinafter referred to as the “house in dispute”) with parties not involved in the case, Zhou Min, Cai Fang, and Chen Bingyu, through middleman services of defendant Hanyu Property. On the same day, he made a down payment of 200,000 yuan to Zhou Min through his spouse Liu Mingming's account and they agreed upon the method for residual payment and the time for transfer of names. On March 8, 2012, he found that the house in dispute was traded on March 2, 2012 and the notarial certificate held by Zhou Min was a forged one. On March 14, 2012, he reported a case to Zhoupu Police Station of Pudong Branch of the Public Security Bureau of Shanghai Municipality and upon investigation by the public security authority, Zhou Min was subject to criminal detention. Li Yandong claimed that as a professional intermediary agency, Hanyu Property should perform the fundamental duties of examination and investigation when providing professional house property intermediary services; however, it failed to investigate whether the house in dispute has been traded, the exact information of the principal and the client, and the clear status of the house property, causing great loss to Li Yandong, and Hanyu Property should assume the liability for its gross negligence. Therefore, Li Yandong requested the court to order that Hanyu Property should compensate him for the loss of 200,000 yuan. | | 原告李彦东诉称：2012年3月7日，己方通过被告汉宇地产的居间介绍，与案外人周敏、蔡芳、陈炳玉达成位于上海市浦东新区上南路6869弄4号301室房屋(以下简称系争房屋)的买卖协议，己方于当日通过其配偶刘明明的账户向周敏支付了定金20万元并约定余款交付方式和过户时间等。2012年3月8日，己方发现系争房屋早已于2012年3月2日交易成功。周敏所持的公证书系伪造，己方遂于2012年3月14日向上海市公安局浦东分局周浦派出所报案，后经公安机关立案侦查，周敏被刑事拘留。李彦东认为，汉宇地产作为专业的中介机构，在提供专业的房屋居间服务时，应尽到基本的审核和调查义务，但汉宇地产未调查系争房屋是否已被交易，委托人与被委托人的确切信息，房屋产权的明晰状态等情况，造成己方巨大损失，汉宇地产应承担重大过失责任。请求判令汉宇地产赔偿损失20万元。 |
| Defendant Hanyu Property contended that plaintiff Li Yandong paid the party not involved in the case Zhou Min 200,000 yuan not through it; instead, he directly paid it to Zhou Min. So, the loss was unrelated to Hanyu Property and Li Yandong should claim compensation for the loss from Zhou Min. When it engaged in intermediary activities, the house in dispute was still under the names of Zhou Min and other persons and it was tradable. Besides, Li Yandong also checked the property ownership certificate when he signed the agreement. So, it has performed the relevant duties of examination, verification, and investigation. Therefore, it requested the court to dismiss the claim of Li Yandong. | | 被告汉宇地产辩称：原告李彦东并未通过己方向案外人周敏支付定金20万元，而是李彦东直接支付给周敏的，该损失与己方无关，李彦东应向周敏主张该损失。己方在从事居间活动时，系争房屋仍在周敏等人的名下，是可以进行交易的，且李彦东在签订协议时也看过房产证，故己方已经尽到了相关的审核和调查等义务。请求驳回李彦东的诉讼请求。 |
| PROCEDURAL POSTURE | | |
Upon trial of first instance, the People's Court of Jiading District, Shanghai Municipality found that: | | 上海市嘉定区人民法院一审查明： |
On March 7, 2012, plaintiff Li Yandong, defendant Hanyu Property, and party not involved in the case Zhou Min signed an Intermediary Agreement on the Sale and Purchase of a House, which stipulated that through middleman services of Hanyu Property, Li Yandong purchased Room 301 located at No. 4, No. 6869 Lane, Shangnan Road, Kangqiao Township, Pudong New District, Shanghai Municipality from Zhou Min at the total price of 11.8 million yuan. On the same day, the three parties concluded an Agreement on the Sale and Purchase of House Property, which stipulated that the amount of down payment was 200,000 yuan, which was collected and safe-kept by Hanyu Property on behalf of Zhou Min. After Zhou Min delivered the property ownership certificate and other documentary proof to Hanyu Property for safekeeping on the day when he signed the agreement, he may get the down payment kept by Hanyu Property on his behalf. The aforesaid agreement also agreed upon other matters. On the same day, Li Yandong made a down payment of 200,000 yuan to Zhou Min through his spouse Liu Mingming's account and Zhou Min issued to Li Yandong a receipt of down payment and confirmed that he has received the down payment of 200,000 yuan made to him by Li Yandong. On March 14, 2012, Li Yandong reported a case to the public security authority and claimed that on March 7, 2012, he signed an agreement on the sale and purchase of a house with Zhou Min through Hanyu Property and made a down payment of 200,000 yuan to Zhou Min by means of bank transfer for planning to purchase Room 301 located at No. 4, No. 6869 Lane, Shangnan Road, Pudong New District, Shanghai Municipality. Afterwards, Li Yandong discovered that the notarial certificate provided by Zhou Min was a forged one and suspected that Zhou Min might have a fraudulent conduct. On March 17, 2012, Pudong Branch of the Public Security Bureau of Shanghai Municipality placed the case concerning Zhou Min's suspected crime of contract fraud on file for investigation. On October 17, 2012, for the crime of credit card fraud and the crime of contract fraud, Zhou Min was sentenced by the People's Court of Pudong New District, Shanghai Municipality to imprisonment of eight years, imposed a fine of 60,000 yuan on him, and ordered him to refund the proceeds of crime and return them to the victim bank and the victim (Li Yandong). After the judgment was pronounced, Zhou Min appealed. On December 14, 2012, the No. 1 Intermediate People's Court of Shanghai Municipality ruled to dismiss the appeal and affirm the original judgment.
．．．．．． | | 2012年3月7日，原告李彦东、被告汉宇地产及案外人周敏签订一份《房地产买卖居间协议》，约定经汉宇地产居间介绍，李彦东向周敏购买位于上海市浦东新区康桥镇上南路6869弄4号301室房屋，房屋总价 118万元。同日，三方签订一份《房地产买卖协议》，约定定金总额为20万元，由周敏委托汉宇地产代为收取并保管。在周敏签约当日将房屋产权证书等文件证明交由汉宇地产保管后，周敏可以取回由汉宇地产代为保管的定金。上述协议另对其他事项作了约定。同日，李彦东通过其配偶刘明明的账户向周敏支付了定金20万元。周敏于当日向李彦东出具一份定金收据，确认收到李彦东支付的定金20万元。2012年3月14日，李彦东向公安机关报案，称2012年3月7日，其通过汉宇地产与周敏签订了房屋买卖协议，并通过银行转账的方式向周敏支付了定金20万元，准备购买位于上海市浦东新区上南路 6869弄4号301室房屋。后发现周敏提供的公证书系伪造，怀疑对方有欺诈行为。3月17日，上海市公安局浦东分局对周敏涉嫌合同诈骗一案立案侦查。2012年10月17日，周敏因犯信用卡诈骗罪、合同诈骗罪被上海市浦东新区人民法院判处有期徒刑八年，罚金人民币六万元并被责令退赔犯罪所得，返还被害银行及被害人(即李彦东)。判决后，周敏提出上诉。2012年12月14日，上海市第一中级人民法院裁定驳回上诉，维持原判。
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