The court found that Xie Na and Zhang Jie did not buy a house without jumping orders and accused Xie Na and Zhang Jie of skipping orders. The intermediary company lost the lawsuit
According to the Tianyancha App, recently, 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.
According to the documents, the plaintiff, Yaluan Company, claimed that Sihe Center held multiple properties including the house in dispute, and that Sihe Center and Yaluan Company had reached a non-exclusive agency sales agreement. At the same time, Sihe Center and Other real estate sales or brokerage companies have reached similar cooperation. In June 2019, Huo, the account manager of Yaluan Company, arranged and accompanied Zhang, Xie, and Xie’s mother to inspect the house twice. The prospective buyer expressed his willingness to purchase and expressed that he was not qualified to buy a house in Shanghai. He planned to consider the following To buy a house in the name of the company, Huo told him that he could buy it after registering the company, but later expressed his intention to the customer that he would not buy it again. Afterwards, Yaluan Company learned that the intended buyer had signed an online contract through Taiping Davis Company in the name of “Chongqing Meikaiyanxiao Culture Media Co., Ltd.” Yaluan Company believes that Taiping Davis Company and Mei Kaiyan Smile 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” .
The court held that in the absence of corresponding agreements and other evidence, it was impossible to confirm that Yaluan Company and Xie had established an intermediary contract relationship simply by showing the house, and it was impossible to confirm that Xie knew in advance or afterwards that he would undertake the inspection. The legal consequences of entrusting other intermediaries after the house, Xie and Sihe Center did not “skip orders” to conspire. In the end, the court ruled to reject all the claims of Shanghai Yaluan Real Estate Brokerage Co., Ltd.
According to media reports, an intermediary previously posted an article on the Internet angrily accusing Zhang Jie and Xie Na of buying a luxury house for “skipping the order”. In this regard, Xie Na and Zhang Jiefang issued a lawyer’s statement to refute rumors and jump orders as false information. At the same time, they said that the intermediary’s secret filming and publishing of personal privacy violated the legal rights of the parties.