It is widely known and confirmed that real estate is a fundamental, critical resource for humans as it affects human lives to the extent. In addition, it should be treated as the most primary economic element composing a state as it occupies nearly 90...
It is widely known and confirmed that real estate is a fundamental, critical resource for humans as it affects human lives to the extent. In addition, it should be treated as the most primary economic element composing a state as it occupies nearly 90% of total national wealth.
General goods market can be assumed to be effective in controlling the price, executed by the sole characteristic function of that market, resulting in a relatively effective, fair allocation of resources or goods. However, real estate market holds different aspects because of its own special, natural characteristics such as unsteadiness, non expansional, individualization and etc. Therefore, real estate market, unlike the general goods market, may lead to inefficient allocation of resources. As a solution to such a problem, when engaging intermediation or brokerage, each contract should be treated on the basis of accuracy, sincerity, and security. The safe, legal trade of real estate demands a safety issue because it deals with a very decisive, important asset from both social and economic perspectives. Accordingly, one must establish a policy that performs a rapid execution in order for definite legal and systematic safety and handling post-problems. In addition, a licensed real estate agent, who serves as a pivotal role in real estate trades, demands a strengthened policy to help promoting a safe, healthy trade.
Unfortunately, the above-mentioned demands are not met in present reality, in fact. Rather, real estate mediation accidents are frequently occurring around us. The reason behind these accidents is that sometimes real estate is being treated for a speculation purpose rather than actual end-using purpose. Thereafter, this speculation purpose often leads to a mediation accident for one party to take away its own benefits over other parties’ benefits.
Therefore, the first purpose of this thesis is to protect primary damages from both traders and agents by preventing accidents of real estate trades where the mediation act is required. The second purpose is to provide the social and economic safety by minimizing the damages by handing the post-problems in more rapid and more thorough manner, to found the healthy, transparent orders in real estate trades, and to devise a fast solution method in response to damage protections. This can be done by improving the damage compensation responsibility policy. To accomplish this object, this thesis has identified the exact causes for real estate mediation accidents by analyzing the mutual-aid claims and payment patterns. This identification process enables to review current holding problems and even to propose prevention plans for those accidents and improvement plans for agents to be free from damage compensation responsibilities.
While conducting this research, it is well witnessed that various traders have experienced a great amount of pain from real estate trade accidents and also even agents are not completely free from the damages because of the limitation of legal policies. For instance, both traders and agents had to face damages when unexpected accidents, caused by the fabrication of the official documents of identification card or registration certificates, occur.
Usually these damage compensations for these unexpected accidents are charged toward the innocent managers or traders in the name of negligence or mistakes even if they have fulfilled their own legal requirements such as making out of contracts, and confirmation and explanation of the trade subject. These accidents happen mainly due to social trend of high technology, the increase in number of agents, and failure of acquisition of new knowledge despite the steady-changing trade environment. This instance truly proves that both traders and agents are exposed to threats of damage compensation responsibilities.
It was very unfortunate that enough time and efforts were not allowed into this thesis. However, it will be fully appreciated if this thesis can propose a better condition for the environment of real estate trades. In the end, more researches should be continuingly conducted to prevent real estate mediation accidents and to devise better, more strong solution alternatives.