1. When an agent performs a civil juristic act on behalf of the principal based on the power of attorney, it needs an independent expression of will, while the intermediary does not perform a civil juristic act on behalf of the principal, but only reports the contracting opportunity to the principal or acts as a contracting medium, and does not participate in the relationship between the principal and the third party. Brokers are not obliged to hand over the consequences of handling affairs to their clients. In short, the intermediary may not perform legal acts on behalf of the client, while the agent performs legal acts on behalf of the client.
2. Intermediaries are usually paid behaviors, and agents also include free agents.
In addition, Bian Xiao has compiled some legal knowledge about intermediation for you, hoping to help you understand it.
First, the concept:
Intermediary contract refers to 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. Also called intermediary contract or intermediary service contract.
In an intermediary contract, an intermediary is an intermediary who provides information opportunities or media contacts for the client to report civil legal acts to a third party. The right of interference, which only provides media contact, has no substantive significance to the contract between the client and the third party and cannot be a party to the contract.
Second, the rights and obligations of both parties to the contract:
1, rights of brokers:
A. Claim for remuneration: for an intermediary contract in which the broker only reports the opportunity to conclude the contract, the broker only reports the opportunity to conclude the contract to the client, and has nothing to do with the counterpart of the client, and the client shall bear the obligation to pay the intermediary remuneration; Unless otherwise agreed, if the intermediary provides media services for the conclusion of the contract, the remuneration of the intermediary shall be borne equally by both parties.
The request for intermediary remuneration is limited to the conclusion of the contract. If the contract is not established or the contract is established but invalid, the intermediary shall not ask for remuneration.
If a broker violates the principle of good faith, intentionally conceals important facts related to the conclusion of a contract or provides false information, thus harming the interests of the client, he shall not demand payment, and shall also be liable for damages.
B claim for reimbursement of expenses: if the broker facilitates the establishment of the contract, the expenses of the intermediary activities are usually included in the remuneration and shall be borne by the broker. Unless it is specially agreed that the client shall bear the intermediary expenses, the intermediary shall not ask for reimbursement of the expenses. If the contract fails to be concluded, the broker may require the client to pay the necessary expenses incurred in the intermediary activities.
2. Obligations of brokers:
A. obligation to report contracting opportunities or provide media for concluding contracts;
B, truthfully report the relevant matters and other relevant information about the conclusion of the contract, that is, the obligation of loyalty;
C, the obligation to bear the intermediary costs;
D in an anonymous intermediary or anonymous media contract, the intermediary shall bear the obligations of anonymity and confidentiality. At the same time, under certain circumstances, the intermediary should replace the anonymous party to perform the responsibility as an assistant and has the obligation to intervene.
The above introduces the relevant content for you. If you have any questions, please consult a lawyer.