The Duty of Providing Information by Real Estate Agency on the Basis of Good Faith

• Main Authors: CHEN,KUAN,FU, 陳冠甫
• Other Authors: LIN,CHAO-CHIH
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/894k8k

碩士 === 國立高雄大學 === 財經法律學系碩士班 === 106 === Although the current volume of real estate transactions has gradually slowed due to the government’s policy to reduce housing prices, the values of real estate transactions are enormous, and the general public has a lack of transparency in target information, and it is usually the seller or agents commissioned by the seller conduct verification. In practice, the seller provides information on real estate to be sold on the real estate prospectuses provided by the brokerage business, and agents play a prevalent and key role in transactions. Even non-real estate brokers may form real estate agency contracts based on the intermediary or appointment relationship in civil law. Because transaction security is a goal in real estate transactions, since agents receive remuneration, they also bear considerable liability for the risk of insufficient information in the transaction process. This study introduces the concretization of the good faith principle under agency relationship in real estate transactions; moreover, since subordinated obligation is derived from the good faith principle, it is discussed together. In turn, it discusses the obligation of information provision derived from the good faith principle and uses discussion of the obligations in the real estate agency relationship to compare to the correlation of good faith principle and the obligation of information provision. In subsequent sections, it introduces the nature of real estate agency contract in academic theory and practice, the differences and similarities to appointment contracts and intermediary contracts, in order to clarify questions regarding the nature of this contract. It is necessary to assess the nature, scope, and legal effects of violations of the obligation of information provision in real estate practice in Taiwan, thus these are also discussed in this chapter. Finally, conclusions are made regarding the obligation of information provision derived from the good faith principle and the relevant issues as centers of discussion in the aforementioned sections, in order to ensure transactional security in the process of real estate transactions and to clarify the intersectional relationships between the good faith principle and the obligation of information provision and the judgment of practical cases. All issues mentioned in this thesis are clarified within.