How is the intermediary service fee stipulated?
At present, China's contract law does not make specific provisions on the limit of agency fees, which is the result of voluntary negotiation between the two parties. The premise is that the contents of the contract shall not violate social public order and good customs.
According to the legal provisions of the Civil Code of People's Republic of China (PRC)
If the broker facilitates the establishment of the contract, the principal shall pay the remuneration as agreed. If there is no agreement or unclear agreement on the remuneration of the broker, and it cannot be determined according to the provisions of Article 61 of this Law, it shall be determined reasonably 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 broker facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the broker.
If the broker fails to facilitate the conclusion of the contract, he may not ask for remuneration, but may ask the client to pay the necessary expenses for engaging in the intermediary activities. This is the regulation on the intermediary fee of the intermediary.
Is it illegal for the agency fee to exceed 3%?
The law does not clearly stipulate the agency fee, and the parties can freely agree. Generally, the service fee will be stipulated in the contract, and the intermediary is what we usually call introduction.
An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.
Therefore, there is no clear provision in the law, but if the charging standard obviously exceeds the industry standard and the operation does not meet the industry norms, it can be rejected.