2. As long as the agency fee of the project exceeds 3%, as long as the two parties express their true intentions through consultation, it is generally not illegal to limit the agency fee. At present, China's contract law has not made specific provisions. The premise of voluntary agreement between the two parties is that the contents of the contract shall not violate laws, regulations and mandatory provisions of society.
This is illegal. The general intermediary service fee does not exceed 3 points. Although the intermediary service fee is negotiated voluntarily by both parties, it cannot be charged at will. Otherwise, the excess is not protected by law, that is, the other party refuses to give priority to paying the intermediary service fee of more than 3 points, and the fee of 10 is already too high.
4. Legal analysis The country has no relevant regulations in this regard, generally between 3% and 5%. If the project quantity is large, you can reduce it, mainly depending on the general factors such as what project you are, how big the profit is, and how to pay. If the profit is high and the reward is good, you can ask for more. First of all, you have to calculate that if the broker facilitates the establishment of the contract, the customer should.
5. Although the intermediary cost of the project exceeds 3%, it is generally not illegal as long as both parties really agree. At present, China's civil code does not make specific provisions on the intermediary fee limit, which is the result of voluntary agreement between the two parties, provided that the contents of the contract shall not violate mandatory laws and regulations.
6. As long as the fee is reasonable and the agency fee is not clearly stipulated in the law, the parties can freely agree. The service fee is generally stipulated in the contract, but if the charging standard obviously exceeds the industry standard and the operation does not conform to the industry norms, the agency fee can be refused.
7. Legal analysis: Whether the brokerage service fee is legal or not is not clearly stipulated in our laws. Brokerage contract is that the broker reports the opportunity to conclude a contract to the client or provides media services for concluding a contract. The contract broker who pays the remuneration to the client may require the client to pay the necessary fees according to the laws of People's Republic of China (PRC).
8. In other words, the parties to an intermediary contract are free to reach an agreement. As long as the agency fee is the real intention of the parties concerned and the parties agree on the agreed agency fee, the agency fee shall be implemented according to the agreed standard. However, if the charging standard obviously exceeds the industry standard, the operation does not meet the industry norms.
9. Make a legal analysis of the intermediary service fee, so that if it is not fairly recognized by the formal legal department, it is the legal basis for illegal provisions. If the lease term exceeds six months, it shall be in written form. If the parties are not in writing, it is impossible to confirm Article 707.
10. legal analysis intermediary is a kind of intermediary, and it is a civil legal act in law. The expenses required for legal intermediaries to collect living expenses are usually included in the remuneration, and the expenses for intermediary activities are generally borne by the intermediary. Unless otherwise agreed, the broker may not ask for reimbursement, but the parties agree in the brokerage contract that the expenses shall be borne by the client.
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12. It depends. First, the construction engineering intermediary contract is the true intention of both parties, the content of the construction engineering intermediary contract is legal, and the construction engineering intermediary contract has legal effect. Second, if the above conditions are not met, the construction project intermediary contract has no legal effect. Is the construction project intermediary contract protected by law?
13, legal analysis The legal basis for legally signed intermediary contracts is Article 96 1 of the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Code of People's Republic of China (PRC). 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.
14. At present, China's laws and regulations do not explicitly prohibit intermediation in the field of construction projects. The intermediary contract is valid in principle, and the accommodation fee is legal. However, the intermediation of construction projects should be limited to the legal scope and must not violate the relevant regulations, otherwise there is a risk that the contract will be invalid.
15. As long as the true meaning of both parties is expressed through negotiation, it is generally not illegal to limit the intermediary cost of the project if it exceeds 3%. At present, there is no specific provision in China's contract law, which is the result of voluntary negotiation between the two parties, provided that the contents of the contract shall not violate the mandatory provisions of laws and regulations.
16, the law does not clearly stipulate the intermediary service fee, and the parties can freely agree, provided that the contents of the contract do not violate the law, social order and good customs. Generally, the service fee is stipulated in the contract, and the intermediary is what we usually call it. According to the principle of "nothing can be done without explicit provisions in the law" in civil law, the law does not explicitly prohibit it.
17. At present, there are no relevant laws and regulations that stipulate the agency fee, which is generally agreed by both parties, and is generally 3% to 5%. Too high is not good. According to Article 47 1 of the Civil Code, the parties may conclude a contract by offer acceptance or other means.
Legal basis:
People's Republic of China (PRC) Civil Code
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 trustee-trader shall truthfully report the matters related to the conclusion of the contract to the trustor. Where a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not demand a reminder and shall be liable for damages.