As for the intermediary contract, the intermediary plays a key role. Intermediaries provide necessary information for buyers and sellers. As long as the contract between the buyer and the seller is established, the intermediary can get the remuneration agreed in the contract. So what is the charging standard for intermediary contracts? Today, Bian Xiao takes the charging standard of financing intermediation contract as an example to introduce the relevant contents of the charging standard of intermediation contract.
Charge standard of financing intermediary contract
The state does not clearly stipulate the charging standard for financing intermediary contracts. The agency fee shall be agreed by the broker and the client through consultation, and there is no special restriction.
1, relevant laws and regulations
Civil law (from 202 1 to 1 implementation)
Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.
Article 962 The broker shall truthfully report to the client the matters related to the conclusion of the contract.
If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not ask for payment of remuneration and shall be liable for compensation.
Article 963 Where the broker facilitates the formation of a contract, the principal shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract.
If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.
Article 964 Where the broker fails to facilitate the conclusion of the contract, he may not request payment of remuneration; However, customers may be required to pay the necessary fees for intermediary activities as agreed.
Article 965 Where the principal, after accepting the services of the broker, takes advantage of the trading opportunities or intermediary services provided by the broker to bypass the broker and directly conclude a contract, it shall pay remuneration to the broker.
Article 966 Where there are no provisions in this chapter, reference shall be made to the relevant provisions of the entrustment contract.
2. The place where the remuneration is paid to the intermediary
1. The premise of payment should be that the broker facilitated the establishment of the contract between the client and the third party.
The premise of the client's payment is that the broker provided the client with the opportunity to conclude the contract through introduction or completed the intermediary activities, which contributed to the establishment of the contract.
The so-called facilitation of the establishment of a contract means that the establishment of the contract is legal and effective. If the contract is invalid or revocable, it can't be regarded as a contract, and the broker still can't ask for payment. Because the intermediary contract can be dissolved at any time, sometimes it is inevitable that the client will deliberately refuse the intermediary service that the intermediary has completed in order to avoid the obligation of paying remuneration, and then conclude a contract with a third party known to the intermediary. In this case, the broker did not lose the right to claim compensation, because the premise for the broker to exercise the right to claim compensation is that the contract between the client and the third party is established, not whether the contract is fulfilled.
2. Whether the client pays remuneration to the broker and the amount paid shall, in principle, be agreed in the brokerage contract.
(1) The contract provisions here can be written or oral. If there is no agreement or unclear agreement on the remuneration of the intermediary in the intermediary contract, the principal and the intermediary may supplement it by agreement;
(2) If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or commercial trading habits;
(3) If it still cannot be solved, it can be reasonably determined according to the intermediary services. The so-called rationality should consider many reasons, such as time, energy, material resources, financial resources, manpower, the difficulty of intermediary affairs and so on.
By reading the relevant contents of the Charge Standard of Intermediary Contract compiled by Bian Xiao, we can know that there are no restrictive provisions on the charge standard of financing intermediary contract, and the remuneration is often stipulated in the contract. There are many legal provisions on intermediary contracts. If you don't understand anything, you can refer to the relevant provisions in the Civil Code.