Article 96 1 of the civil code stipulates that

Intermediary contract is not a brand-new contract type, but actually a previous intermediary contract, which has more detailed provisions in the Civil Code. When signing an intermediary contract, the parties should pay attention to the relevant provisions of the civil law to avoid breach of contract. The intermediary 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.

It's still important to tell customers the truth. One example is that the intermediary conceals that the transaction property is a haunted house, which not only refunded the intermediary fee but also lost a sum of money. Of course, this is only limited to the situation that the intermediary knows and deliberately conceals. If the broker fails to facilitate the establishment of the contract, he may not request payment; However, customers may be required to pay the necessary fees for intermediary activities as agreed. Therefore, not closing the deal does not mean that you can't get the money. As long as the parties agree, the necessary expenses can still be supported

After accepting the services of the broker, the principal shall pay remuneration to the broker if he uses the trading opportunities or media services provided by the broker to bypass the broker and directly conclude a contract. This is very important to protect the rights and interests of intermediaries. After all, there are still some unruly people. However, if the customer entrusts three intermediaries, A, B and C, but finally chooses the intermediary B with slightly lower cost, then AC has no right to ask the customer to pay the intermediary fee. The Supreme People's Court issued the first batch of guiding cases, Shanghai Zhongyuan Real Estate Consultant Co., Ltd. v. Tao Dehua's case of intermediary contract dispute, which clearly pointed out that in the intermediary contract of house sale, it is forbidden for the buyer to use the house information provided by the intermediary company to bypass the intermediary company and sign the house sale contract with the seller.

First, the legal characteristics of the intermediary contract

1. An intermediary contract is a contract in which one party reports the contracting opportunity for the other party or acts as a contracting medium.

2. Intermediary contracts are paid contracts.

3. Intermediary contracts are divided into agreed contracts and non-agreed contracts.

4. There is uncertainty in the performance of the payment obligation of the principal of the intermediary contract. In an intermediation contract, when the activities of the same person achieve the purpose of intermediation, the client fulfills the obligation to pay remuneration. However, it is uncertain whether the intermediary can achieve the purpose of the intermediary, so the performance of the client's payment obligation is also uncertain.

5. The subject of the intermediary contract is special. Laws and regulations should restrict the qualifications of intermediaries, require intermediaries to have corresponding knowledge, ability and professional qualifications, and stipulate that people with special powers such as state organs and leading cadres may not engage in intermediary transactions as intermediaries.

Second, the legal characteristics of the intermediary contract?

1. An intermediary contract is a contract in which an 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.

2. The broker has no right to interfere in the contract between the customer and the third party. 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.

3. Intermediary contract is a two-service, paid and promising contract.

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.