daily economic news
2023-04-06 14:59:17
Edited by Lu Ming every time
April 6,# Court finds Xie Na Zhang Jie to buy a house does not exist jump list # rushed to the forefront of every hot search list, and sparked heated discussions among netizens.
On April 4, the documents of the first instance of the intermediary contract dispute between Shanghai Yaluan Real Estate Brokerage Co., Ltd. and Shanghai Sihe Asset Management Center (Limited Partnership) were made public. Previously, on February 7, 2022, a self-media published an article stating that his friend Mr. Huo was a luxury real estate broker and had shown Zhang Jie and Xie Na twice on June 21 and 22, 2019. I don’t like the house because I don’t want to buy it anymore. But shortly thereafter, Mr. Huo discovered that the two had contacted the landlord Haisihe Asset Management Center privately and purchased the house to avoid large intermediary fees. Since then, Xie Na and Zhang Jie sued the real estate brokerage company and brokers involved on the grounds of reputation disputes and privacy disputes.
Xie Na, Zhang Jie (Image source: Visual China）
Information from the Shanghai High Court shows that on August 17, 2022, the plaintiffs Xie Na and Zhang Jie sued the defendants Shanghai Yaluan Real Estate Brokerage Co., Ltd., Huo Moumou (Mr. The Fifth Court of the District People’s Court held a hearing. On the same day, Xie Na and Zhang Jie sued the above-mentioned three defendants for a dispute over the right of reputation in the fifth court of Jinshan District People’s Court in Shanghai.
Buying a 60 million mansion “skip the order”?a trial
According to China Judgment Documents Network, Sihe Center holds multiple properties including Room 101, No. 7, Dongyuan, Sinan Mansion, Lane 507, Fuxing Middle Road, Huangpu District, Shanghai (hereinafter referred to as the disputed house).
In order to sell its real estate, Sihe Center and Yaluan Company reached a non-exclusive agency sales cooperation agreement, but the two parties did not sign a written cooperation agreement. During the same period, Sihe Center also reached similar cooperation with other real estate sales or brokerage companies.
On June 21 and 22, 2019, Huo, the account manager of Yaluan Company, arranged and accompanied Zhang, Xie, and Xie’s mother Luo 2 and others according to the previous agency sales model (Xie and Luo 2 are collectively referred to as “intended buyers”). Home) went to the target house twice to inspect the house. Yaluan Company reported the inspection to Sihe Center through WeChat, and Xie also signed the “Sinan Mansion·Dongyuan Visiting Registration Form” during the inspection. After viewing the house on the spot, the intended buyer expressed his intention to purchase the house in dispute, and stated that he did not have the qualifications to buy a house in Shanghai. He planned to consider buying a house in the name of the company. Mr. Huo, the account manager of Yaluan Company, told him that he could purchase the house after registering the company. But then the intended customers said they would no longer buy.
Afterwards, Yaluan Company learned that the intended buyer had passed Taiping Davis Company in the name of “Chongqing Meikaiyanxiao Cultural Media Co., Ltd.” A 2 holds 1% of the company’s shares and acts as the company’s legal representative)An online signing contract was signed on December 14, 2019, and the house in dispute was purchased for a purchase amount of 59.2 million yuan.
Yaluan CompanyIt is believed that Taiping Davis Company and Meikaiyanxiao Company signed an intermediary agreement within the effective protection period of customer information of 6 months, and Sihe Center paid remuneration to Taiping Davis Company without noticing the protection period, which constituted a “skip order”.
In this regard, the People’s Court of Huangpu District, Shanghai held that in this case, although Xie was shown to the house by Yaluan Company, after the inspection, there was no contact between Xie and Yaluan Company. In this regard, Yaluan Company believes that it has provided Xie with a method to buy a house through the company, while Eyebrows Company believes that Yaluan Company informed Xie that buying a house in the name of an individual is subject to purchase restrictions, and buying a house in the name of a company is also subject to purchase restrictions, but neither party has provided corresponding information. evidence of.
Therefore, in the absence of evidence such as a corresponding agreement, it is impossible to confirm that Yaluan Company and Xie have established an intermediary contract relationship simply by showing the house, and it is impossible to confirm that Xie knows in advance or afterwards that he will undertake the after-sales service. The legal consequences of entrusting other intermediaries separately, Xie and Sihe Center also did not “skip orders” to conspire,Therefore, Yaluan Company lacked factual and legal basis for the assertion that Xie was involved in the “skip order” conspiracy.
Ultimately, the court ruled to dismiss all of the plaintiff’s claims.
Xie Na and Zhang Jie commissioned a law firm to make a statement last year, and the intermediary responded
It is reported that the house involved is located in Shanghai Sinan Mansion. According to the data, the Sinan Mansion is the only project in the center of Shanghai that aims to preserve and protect a stretch of garden houses.The house involved originated from the online signing on December 14, 2019, and the online signing price was 59.2 million yuan. According to Shanghai’s practice of “buyer 1% + seller 1%” at that time, the agency fee for this property would be nearly 1.2 million yuan.
The origin of the incident was on February 7, 2022. A self-media published an article stating that his friend H was a luxury real estate broker and had shown Zhang Jie and Xie Na twice on June 21 and 22, 2019. I like this house because I won’t buy it anymore. But shortly thereafter, Broker H discovered that the two had contacted the landlord Haisihe Asset Management Center in private and purchased the house in order to avoid large intermediary fees.
Celebrities, luxury houses, skipping orders, and eye-catching keywords made the matter quickly fermented across the Internet. According to the information provided by the above-mentioned brokers, the house purchased by Zhang Jie and Xie Na is Room 101, No. 7 Dongyuan, Sinan Mansion, Shanghai. On February 7, 2022, the intermediary party was interviewed by a reporter from “Daily Economic News”.
Qixinbao information shows that the intermediary party is named Huo Ruxue, a legal person of Shanghai Yaluan Real Estate Brokerage Co., Ltd. Mr. Huo said that he showed Zhang Jie and Xie Na two times on June 21 and 22, 2019, to see the house, and the latter stopped buying it because he didn’t like the house. But shortly thereafter, Broker H discovered that the two had contacted the landlord Haisihe Asset Management Center in private and purchased the house in order to avoid large intermediary fees.
Mr. Huo told reporters that because the house is actually owned by the company, there is a strict review process every time the house is inspected. For example, the information of the inspector needs to be verified and registered when viewing the house. “I had sold the house in Sinan Mansion before, so Luo Xiaojing, Xie Na’s assistant, took the initiative to find me. At that time, I did two tours, and the commission and price were not discussed in detail. When I asked again later, the assistant told me Xie Na Don’t like the house there.”
It wasn’t until the summer of 2020 that Mr. Huo discovered that the house had been sold. As for who it was sold to, the landlord did not say, but one of the landlord admitted that Xie Na bought it. Mr. Huo thought it was very strange. After some understanding, he found that it was Xie Na and his wife who bought the house. “I was very angry at the time and felt cheated, so I discussed how to deal with this matter in a group.”
But it didn’t take long for Xie Na and his wife’s attorney to find him. “They are really supernatural. They even know where our office is, because our company registration and office are not in the same place.”
“Two lawyers said to me in person that I leaked their client’s personal information and wanted to pursue our criminal responsibility.” Mr. Huo told reporters that Xie Nafang said that the photos released involved an invasion of privacy and did not question the authenticity.
The reporter asked if it could be proved that he and Xie Na had signed a brokerage contract. Mr. Huo said no, the reason was that he had not yet reached the stage of deciding to buy, and it was based on trust at the beginning. After all, he was arranged to show him twice, and the other party was celebrity.
According to the “Daily Economic News” report on February 9, 2022, Mr. Huo’s exclusive response to the “Daily Economic News” reporter on February 9:
1. Regarding why I have swallowed my anger for so long, I choose to announce it now. It is because I know that I am small, and because I was seriously ill with the new crown at the time, I was very pessimistic, so I decided to write down the whole thing.
Now that the matter has developed, it is no longer important to get the commission for this house. I just hope that the profession of intermediary brokers can be respected, and I hope that all brokers can be treated well in the future.
I hereby promise that if I can obtain the commission through legal channels in the later stage of this second-hand house, no matter how much the amount is, I will directly donate all of it.
2. Lawyers Xie Na and Zhang Jie’s articles did not deny that I took them to see the house, because what I said was true.
3. My current physical condition is as you can see, and I am recovering pretty well. Thank you for your concern.
On February 8, 2022, Xie Na and Zhang Jie commissioned a law firm to issue a statement stating that the information provider “Mr. False information such as “jumping orders” and “threats” have been suspected of spreading rumors and defamation. The information provider of the above article, “Mr. H”, has been suspected of violating regulations, secretly photographing and publishing personal privacy, seriously infringing on his portrait rights, privacy rights and reputation rights.
The law firm issued a statement to remind all posting and reposting accounts to take corresponding measures immediately, delete the corresponding content, and immediately stop the dissemination of false information, and said that it has been entrusted to submit the above three points to enter the judicial process, and report on the incident, the parties involved and related parties. Social accounts and platforms reserve the right to pursue other legal actions.
Daily Economic News integrated China Judgment Documents Network, Every Economic Network (Reporter: Wu Ruofan),Qixinbao
Cover image source: Visual China