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Guiding Case No.1: Shanghai Zhongyuan Property Consultancy Co., Ltd. v. Tao Dehua (intermediary contract dispute)

Shanghai Zhongyuan Property Consultancy Co., Ltd. v. Tao Dehua
(intermediary contract dispute)@#
(Issued upon deliberation and adoption by the Judicial Committee of the Supreme People's Court on December 20, 2011)@#
civil; intermediary contract; purchase and sale of used homes; breach of contract@#
's Key Points@#
In an intermediary contract for the purchase and sale of used homes, a clause that prohibits the purchaser from concluding a real estate purchase contract with the seller by using housing information provided by the agency but without the involvement of the agency is legal and valid. However, where the seller lists the same home at multiple real estate agencies and the purchaser acquires information on the same home through other proper channels available to the public, the purchaser has the right to select the agency with a low quoted price and good service to facilitate the formation of a real estate purchase contract, which is not a use of the housing information provided by the agency with which the purchaser has previously signed an agreement and thus does not constitute a breach of contract.@#


(最高人民法院审判委员会讨论通过 2011年12月20日发布)@#
民事 居间合同 二手房买卖 违约@#

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