What is a contract with a real estate agent? What is the nature of a contract?

A contract with a real estate agent is an intermediary contract. Intermediary is a form of intermediary whose purpose is to link buyers and sellers of the same commodity together in order to facilitate a reasonable commission after the transaction. No matter what kind of intermediary, the intermediary is not the first person of the principal, but only the intermediary who plays the role of introduction and assistance between the parties to the transaction.

Legal analysisIntermediary contract, also known as intermediary service contract. It refers to an agreement in which the intermediary provides an opportunity or an introduction for the client to enter into a contract with a third party at the request of the client, and the client must pay the agreed remuneration to the intermediary. The subject matter of the contract is not a legal act, but the introduction of contracted services; In the contract concluded between the principal and the third party, the intermediary is neither a party nor a party to the first party, but an intermediary person; It is a remunerated contract, and the intermediary can only claim remuneration if the intermediary produces a valid result.

According to the doctrine, the intermediary contract is a special contract, and the parties do not have strict contractual obligations; There is also a doctrine that the intermediary contract is a quasi-entrustment contract, and the general provisions on entrustment apply. An intermediary contract is a contract in which an intermediary provides intermediary services to a client. The intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and whether the principal enters into a contract with a third party has nothing to do with the intermediary, and the intermediary is not a party to the contract between the principal and the third party.

The intermediary has no right to intervene in the contract between the principal and a third party. The intermediary is only responsible for reporting to the client the opportunity to conclude a contract or mediating for the client to enter into a contract with a third party, conveying the intentions of both parties, and playing the role of matchmaking, and has no substantive right to intervene in the contract. The intermediary contract is a two-task, paid, and promised contract.

Legal basisCivil Code of the People's Republic of China Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.

According to Article 424 of the Contract Law of the People's Republic of China, "an intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the principal pays remuneration." Therefore, the so-called intermediary refers to a system in which the intermediary reports to the principal the opportunity to conclude a contract or provides intermediary services for the conclusion of the contract, and the principal pays remuneration.

An intermediary is an intermediary who provides an opportunity for the client to report information or provide media contact for a third party to conduct civil juristic acts.

Intermediary contracts. According to the different contents of the entrustment received by the intermediary, the intermediary business can be divided into reporting intermediary and media intermediary, the former refers to the intermediary who only reports the contracting opportunity of the principal, and the latter refers to the intermediary who is the intermediary for the principal to contract the medium. The so-called reporting of contracting opportunities refers to the entrustment of the client to find and provide a counterparty with whom the client can enter into a contract, so as to provide an opportunity for the client to enter into a contract.

The so-called contracting medium refers to the introduction of the two parties to conclude a contract, and the intermediary mediates between the two parties to facilitate the two parties to reach a transaction.

Legal analysis: It is an intermediary contract stipulated in the Contract Law, which is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the principal pays remuneration.

Legal basis: Civil Code of the People's Republic of China

Article 906: The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.

Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it shall not request payment of remuneration and shall bear the liability for compensation.

Article 965:Where, after accepting the services of an intermediary, the client uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract, he shall pay remuneration to the intermediary.

Article 966:Where there are no provisions in this chapter, the relevant provisions of the entrustment contract shall be applied by reference.

The housing agency contract is to specify the basic information of the client and the information of the agency; Housing information; Housing and intermediary services, payment methods, delivery times and delivery methods; the name, content, requirements and standards of the intermediary service project; liability for breach of contract; Dispute Resolution Method: Celebration and other clauses.

Legal basisArticle 961 of the Civil Code.

An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.

Article 962.

The intermediary shall truthfully report to the client on matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts that interfere with the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.

Article 963.

Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement. Pure suspicion.

An intermediary contract is a contract negotiated between an intermediary and a client, in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the principal pays remuneration to the intermediary. The subjects of the contract are the principal and the intermediary.

Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 961 of the Civil Code of the People's Republic of China An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.

Article 962 of the Civil Code of the People's Republic of China The intermediary shall truthfully report to the client on matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation. Article 963 of the Civil Code of the People's Republic of China Where an intermediary facilitates the conclusion of a contract, the client shall pay remuneration in accordance with the agreement.

If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.

Legal analysisAn intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration. A system in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of the contract, and the principal pays remuneration. An intermediary is an intermediary who provides information opportunities or media contacts between the client and a third party in connection with civil juristic acts.

Accordingly, an intermediary contract refers to a contract in which the parties agree that one party reports the opportunity to conclude a contract for the other party or provides intermediary services for the conclusion of the contract, and the other party pays remuneration.

Legal basisCivil Code of the People's Republic of China

Article 961:An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.

Article 9 The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.

Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information to cause a disturbance, harming the interests of the client, it shall not request payment of remuneration and shall bear the liability for compensation.

Article 951 of the Civil Code of the People's Republic of China The discipline contract is a combination of the discipline person Hanwu engaging in ** activities for the client in his own name, and the client pays remuneration.