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학술논문부동산경영2011.12 발행KCI 피인용 7

부동산중개업자의 확인·설명 의무에 관한 소고

A study on the duty of confirmation and explanation on the object of brokerage of real estate brokers.

정충원(경희대학교)

4호, 97~114쪽

초록

This paper analyzes the duty of confirmation and explanation on the object of brokerage of real estate brokers. The Section 1, Clause 25 in the law of the Business Affairs of Licensed Real Estate Brokers and Report of Real Estate Transactions prescribes the duty of confirmation and explanation on the object of brokerage of real estate brokers. The details are as follows: If a real estate broker receives a request for brokerage, before the completion of brokerage, he should be explain such matters faithfully and exactly to the brokerage client who desires to acquire a right concerning relevant object of brokerage, presenting the materials concerned such as the cadastre and the certified copy of register, after the confirmation of the matters provided for current state, location and right relationship of the relevant object of brokerage, matters relating to the restrictions of transaction or utilization by the Acts and subordinate statutes, other matters as prescribed by the Presidential Decree. However,the law of the Business Affairs of Licensed Real Estate Brokers and Report of Real Estate Transactions does not describe the sufficient provisions about the duty of confirmation and explanation on the object of brokerage of real estate brokers. So, it seems that the law of the Business Affairs of Licensed Real Estate Brokers and Report of Real Estate Transactions is amended suitably.

Abstract

This paper analyzes the duty of confirmation and explanation on the object of brokerage of real estate brokers. The Section 1, Clause 25 in the law of the Business Affairs of Licensed Real Estate Brokers and Report of Real Estate Transactions prescribes the duty of confirmation and explanation on the object of brokerage of real estate brokers. The details are as follows: If a real estate broker receives a request for brokerage, before the completion of brokerage, he should be explain such matters faithfully and exactly to the brokerage client who desires to acquire a right concerning relevant object of brokerage, presenting the materials concerned such as the cadastre and the certified copy of register, after the confirmation of the matters provided for current state, location and right relationship of the relevant object of brokerage, matters relating to the restrictions of transaction or utilization by the Acts and subordinate statutes, other matters as prescribed by the Presidential Decree. However,the law of the Business Affairs of Licensed Real Estate Brokers and Report of Real Estate Transactions does not describe the sufficient provisions about the duty of confirmation and explanation on the object of brokerage of real estate brokers. So, it seems that the law of the Business Affairs of Licensed Real Estate Brokers and Report of Real Estate Transactions is amended suitably.

발행기관:
한국부동산경영학회
분류:
토지/부동산/주택/농지법

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부동산중개업자의 확인·설명 의무에 관한 소고 | 부동산경영 2011 | AskLaw | 애스크로 AI