The difference between intermediary and intermediary

The difference between intermediary and intermediary is as follows:

1. Intermediary provides transaction information and conditions for both parties who need to trade in its own name, and its role in the transaction is to match the two parties to reach a transaction, but the rights and responsibilities in the transaction activities belong to both parties;

2. Intermediary refers to providing consultation and price evaluation for trading activities. Intermediary is mainly between producers and consumers. Intermediaries are intermediaries and their own customers.

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, the so-called intermediary refers to a system 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 remuneration. Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties.

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 intermediary, it shall be reasonably determined according to the intermediary's services. 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.

legal ground

People's Republic of China (PRC) Civil Code

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.