An intermediary contract is a contract in which the principal pays remuneration and the intermediary reports to the principal the opportunity to conclude a contract or provide media services. Intermediary is an intermediary who reports information opportunities or provides media contact for clients and third parties in civil legal acts.
Is the intermediary contract a bilateral contract?
1. An intermediary contract is a contract in which an intermediary provides intermediary services to the principal.
2. The broker reports the opportunity to conclude a contract to the customer, or provides media services for concluding a contract. 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.
The broker has no right to interfere in the contract between the customer and the third party.
4. The broker is only responsible for reporting the opportunity to conclude a contract to the customer or mediating for the customer to sign a contract with a third party, conveying the meaning of both parties and playing the role of a bridge, which has no substantive significance to the contract. Right of interference.
5. Intermediary contract is a two-way, paid and non-concluded contract.
Therefore, we can see that although the intermediary contract involves the service of a third party, the third party only acts as an intermediary and has no contractual rights to interfere, so it does not involve the rights and obligations of the contract, so the intermediary contract is also one of the bilateral contracts.
Rights of intermediaries:
1. The broker's claim for remuneration is the broker's main right.
The two sides agreed on the intermediary remuneration and the intermediary remuneration standard. If the state has restrictions, the remuneration agreed by the two sides cannot exceed the highest standard stipulated by the state.
2. The broker's claim for reimbursement of expenses is usually included in the remuneration, and the expenses of intermediary activities are generally borne by the broker. Unless otherwise agreed, the broker shall not ask for reimbursement of expenses.
Obligations of intermediaries:
1. Obligation to report contract signing opportunities or provide media for signing contracts.
The broker shall truthfully report to the client the matters related to the conclusion of the contract.
2. The duty of loyalty.
Brokers shall truthfully report matters related to the conclusion of contracts and other relevant information.
3. The obligation to bear the intermediary fee.
If the broker facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the broker.
4. Obligation of anonymity and confidentiality.
5. The obligation to intervene.
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 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.