초록 열기/닫기 버튼
The real estate transaction impact is very huge, which have effect on the life of our people in terms of size and value. Moreover, it is usual that the trading partners don't have ability to check the rights relationship of the trading things or the limitations of the law when trading the real estate. So, certified realtor must make the trading partners have enough information and right decision by advising professionally. That is the realtor's duty of the identification and description to prevent the dispute between parties, to establish the fair order of the real estate transaction and to contribute to the protection of the public property. But there are not enough rules of liability in the realtor law when the realtor violates the time, the method and the range of the duty of the identification and description. So those are debatable in interpretation and disputable in practice and as well as important options because the liability problems are occurred, when the realtor violates the duty of the identification and description. And there are some improvement plans to prevent a lot of dispute accompanied by realtor's violation on the duty of the identification and description. First, check options have to be added to the identification and description documents in case of the multifamily housing, which is common type in our country. Since currently the check options related to the guarantee amount, the moving-in notification and the definite date of the prior lessee which are not conformed by registration certificate are excluded, a lot of real estate accidents are occurred. Second, the 'exclusive agency listing' which is currently non-mandatory provision should be encouraged and activated highly only if the necessity arises. If it occurs, the realtor who intermediates the lease should check and identify the trading thing in depth, and after the conclusion of the contract the contractual obligations are to be fulfilled smoothly because realtor would concern the execution of the contractual obligations like the payment of deposit, the transfer of the target product, the acquisition of the definite date and so on. In summary, this research will be contributed to prevent a lot of real estate accidents by having people apprehend the warnings inferred by the precedents as the center, and to settle the right real estate brokerage culture by improving the public confidence of realtor and clarifying the range of realtor's liability on the real estate accident.
키워드열기/닫기 버튼
certified realtor, intermediary client, estate brokerage contract, authority relationships, duties of identification and description, duty of care, compensation for damages
