What is the contract with the real estate agent? What kind of contract?

The contract signed with the real estate agent is an intermediary contract. Intermediary, as a form of intermediary, aims to link buyers and sellers of the same commodity together in order to facilitate the service of obtaining reasonable commission after the transaction. No matter what kind of intermediary, the intermediary is not the agent of the principal, but the intermediary that plays the role of introduction and help between the two parties to the transaction.

Legal analysis

Intermediary contract, also known as intermediary service contract. It refers to the agreement that the broker provides the client with the opportunity or introduction to conclude a contract with a third party at the request of the client, and the client must pay the agreed remuneration to the broker. The object of contract is not a legal act, but the introduction of contracted services; The middleman is neither a party in the contract concluded between the client and the third party, nor an agent of any party, but a middleman; It is a paid contract, and the middleman can only ask for remuneration if the intermediary produces effective results. Theoretically, it is considered that the intermediary contract is a special contract, and the parties have no strict contractual obligations; There is also a theory that the intermediary contract is a quasi-entrustment contract and the general provisions on entrustment apply. An intermediary contract is a contract in which the intermediary provides intermediary services to the principal. Brokers report opportunities for concluding contracts to customers or provide media services for concluding contracts. Whether the client concludes a contract with a third party has nothing to do with the broker, and the broker is not a party to the contract between the client and the third party. Brokers have no right to interfere in contracts between customers and third parties. The middleman is only responsible for reporting the opportunity to conclude a contract to the client or mediating for the client to sign a contract with a third party, conveying the meaning of both parties and playing the role of a bridge, and has no substantive right to intervene in the contract. Intermediary contract is a double-service, paid and promising contract.

legal ground

Article 961 of the Civil Code of People's Republic of China (PRC) is a contract in which the intermediary reports the opportunity of concluding a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.