Brief introduction of the case: the intermediary service is not completed.
In July of 20 13, Ms. Yan (Party A) entrusted Company M (Party B) to find a house on her behalf, and signed an intermediary contract for the company's supply. Article 5 of the contract states that "when Party A purchases the house provided by Party B, it shall pay the service fee according to the actual transaction price of the house". Article 7 is good: "If Party A reaches a deal with the owner of the house provided by Party B by itself or through other parties (whether it is other house agents or individuals) within 1 year from the date of house inspection provided by Party B, it will be regarded as the success of this agency, and Party A will constitute a breach of contract and bear legal responsibilities. If the house is purchased, Party A shall pay a penalty of 10% of the actual transaction price of the house in addition to the normal service commission. " Article 8 Treaty Goods "Party A mentioned in this Agreement includes but is not limited to Party A himself, relatives, friends, partners and units that can prove affiliation." Subsequently, M Company took Ms. Yan to see the house many times, including the houses involved in a residential area in Rizhao, Shandong Province. But in the end, Ms. Yan didn't buy the house through M company, but Ms. Yan's husband Wang bought it from the original owner Zhang at a price of 6.5438+0.05 million yuan through Rizhao B real estate agency. M company had a dispute with Ms. Yan because of the commission after learning the above-mentioned reality of buying a house. After filling in the column of Ms. Yan and the housing situation involved in the intermediary contract, Company M appealed to the court, demanding that Ms. Yan pay the commission 10000 yuan and the liquidated damages 1000 yuan as agreed in the intermediary contract.
The court ruled that the broker's claim was rejected.
According to Article 96 1 of the Civil Code, an intermediary contract is a contract in which the broker states the opportunity to conclude a contract or provides services to the client before concluding the contract, and the client pays the remuneration. Intermediary is a form of intermediary, whose purpose is to connect buyers and sellers of the same product together, so as to promote the service of obtaining reasonable commission money after sale. Article 963 of the Civil Code stipulates that if an intermediary provides services before concluding a contract to facilitate the establishment of the contract, the remuneration of the intermediary shall be borne equally by the parties to the contract. From this, we know that brokers need to meet two conditions when obtaining commission money: first, they need to set up an introduction contract; Second, there is a causal relationship between the establishment of the contract and the introduction of the broker. As long as the two of them are together, the client is responsible for paying the commission. In this case, Ms. Yan applied for renting a house through Company M, and Company M made a preface as an intermediary, but Ms. Yan did not contribute to the establishment of the house sales contract because of the preface service of Company M, so Company M could not ask Ms. Yan to pay the commission. The final judgment of this case rejected the claim of M Real Estate Replacement Co., Ltd.
The lawyer said:
According to Article 964 of the Civil Code, if the broker fails to facilitate the conclusion of the contract, he can't ask for remuneration, but he can ask the client to pay the necessary expenses for engaging in intermediary activities. The cost of intermediary activities is the necessary cost incurred by the intermediary to promote the establishment of the contract, which is not the same as remuneration. Therefore, in this case, Company M can file a separate lawsuit according to its actual expenditure on providing intermediary services.
Based on the above introduction, whether intermediary services can be charged depends on the actual situation. I believe that after reading the above introduction, you have a certain understanding of the unfinished legal knowledge of intermediary services. If you have legal problems in this field, please consult a lawyer, and they will give you professional answers.