Do I need an additional intermediary in a dispute over a housing sales contract?

Mondo Social Updated on 2024-03-06

Guangzhou lawyer Zhang Jing answers: Not necessarily. It is up to the court to decide on the basis of the facts of the case, and if the court believes that the additional intermediary is conducive to clarifying the facts of the case, it may add the intermediary to participate in the litigation for a third party. If the court deems that there is no need for additional intermediaries, it may decide whether to do so without additional intermediaries. Even if the contract for the sale and purchase of the house is signed by the buyer, the seller, and the agent, it is not necessary. In the following case, although the contract was signed by three parties, the court still held that no additional intermediary could be involved in the litigation.

Excerpt from the verdict:

The Guangzhou Intermediate People's Court held that the issue that needed to be dealt with in the second instance of this case was whether the procedure violated the law because no intermediary company was added in the first instance. First of all, this case is a dispute over a house sale contract, the Lin buyer and the Fan seller are the two parties to the legal relationship of the sales contract involved in the case, and the intermediary company is the intermediary party that facilitated the "House Sale and Purchase Contract" involved in the case, and the Lin buyer and the Fan seller have formed an intermediary legal relationship respectively, which does not belong to the scope of the legal relationship that must be handled in this case, that is, it does not belong to the parties who must jointly conduct litigation in this case. Therefore, the non-addition of intermediaries in the first instance did not violate the law. As for the Lin buyer's belief that the intermediary company has committed other dishonest acts against him, resulting in his losses, he should find another legal way to resolve the matter.

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