房产中介机构常通过“看房确认书”中的条款来约束委托人,以免自己的服务被架空,并以此来影响其与同行间的业务竞争关系。实践中,各地法院在此类条款的效力问题上,各持己见,莫衷一是。以居间合同义务框架为背景,根据“看房确认书”所确立义务试图保护的利益的正当范围,兼顾委托人的正当利益,并结合个案具体因素,可合理确定委托人义务的射程,进而判断委托人的行为是否已超出义务的射程,以确定委托人是否构成义务之违反,以及违反时责任的范围。司法实践中不同的判决结果,可以通过义务射程说得到合理的解释。 Real estate agency often through “show confirmation ” clause to restrain the principal, in order to avoid their own service is overhead, and thus to affect their business competition with their peers. In practice, courts everywhere have their own opinions on the effectiveness of such clauses. Based on the intermediary contractual obligation framework, according to the proper scope of the interests sought to be protected by the obligations established by the confirmation of appearance of the showings, taking into account the legitimate interests of the principal and combining with the specific factors of the case, the range of client obligations can be reasonably determined, And then determine whether the client’s behavior has exceeded the scope of the obligation to determine whether the client constitutes a breach of obligation, as well as the scope of breach of duty. Different judgments in judicial practice can be reasonably explained through the voluntary firing range.