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Real estate agent in Kagohara Kinokuni-shoji Co., Ltd.
Top page >> Column >> Problem of mediatory "both hands" |
A problem is among "one hand" which is a mediatory form, the "both hands", and the "red bean paste" which were explained last time.
First of all, they are "both hands."
Fundamentally, a broker becomes his customer's substitute and works.
If it is a contractor of the seller side, a buyer is looked for instead of a seller, and if it is a contractor of the buyer side, a seller is looked for instead of a buyer.
If this is one hand, it is satisfactory, but if it becomes both hands, it will become a substitute of both a seller and a buyer.
By the way, in Civil Code, it called it dual agency to become both substitute in this way, and it is forbidden.
The 108th article (self-dealing and dual agency)
About the same transaction, it becomes the other party's representative or cannot become a representative of both person concerned. However, about the act which fulfillment and the person himself/herself of the debt permitted beforehand, it is not this limitation.
The reason for prohibition is that there is a possibility that the profits of a seller and a buyer may not be kept fair.
In short, the representative who is his ally is also a partner's ally simultaneously.
If it sees in a representative's position, if a seller's something to say is heard, if a buyer's something to say is heard, there is a case where a seller becomes disadvantageous, disadvantageously [ a buyer ].
Since advantageous disadvantage is decided by 3 suns of a representative's chests and fairness cannot be maintained if it becomes so, dual agency is forbidden.
However, dual agency is to be accepted when there is no danger that one of persons concerned will receive a drawback unfairly.
Therefore, dual agency is allowed when both persons concerned understand in advance.
Since mediatory "both hands" is not the "substitutes" of a legal meaning, they does not have a problem de jure.
However, I think that considering the meaning of prohibition of dual agency "both hands" has a problem.
A huge amount of money moves dealings of real estate.
When the interest of a seller and a buyer is in agreement easily, it is rarely.
The arm of one company included in agency is good, and if a fair attitude is taken, a good result will come out.
However, it does not go to such a reason easily.
It is important in dealings of real estate to attach to an ally the pro who can trust it.
Therefore, if the pro whom you can trust becomes "both hands", there is no problem.
After the talk of dealings progresses, it is very difficult to put in a broker newly.
therefore, reliable from the beginning -- let's pro ぬ依頼.
But the reliable search for a contractor is difficult...
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