Do I need to pay liquidated damages for breach of contract after signing an intermediary contract?

According to the relevant provisions of the Contract Law, the commission of the breach of contract and the intermediary company must be paid, because the intermediary company, as the intermediary party, is not at fault, and the payment of the commission of both the buyer and the seller should be borne by the defaulting party.

When one or both parties breach the contract as agreed in the contract, the breaching party shall pay a certain amount of money to the non-breaching party to compensate for the losses of the non-breaching party and at the same time punish the breach of contract. Whether to continue to perform or take remedial measures after assuming the liability for breach of contract may be determined through negotiation between the parties to the contract If the non-breaching party requests the breaching party to continue to perform the contract, the breaching party shall continue to perform the contract after paying the liquidated damages. In addition, if the liquidated damages agreed by the parties are for delayed performance, the breaching party shall continue to perform the contractual obligations in order after paying the liquidated damages.

However, if there are circumstances stipulated by law that it is not suitable to continue to perform the contract, the breaching party may not continue to perform. As for how to calculate the liquidated damages, if the parties to the contract have agreed on the liquidated damages, they shall be handled in accordance with the contract. The Contract Law stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract.

If the parties to the contract do not agree on liquidated damages in the contract, the liquidated damages are generally equal to the actual economic losses caused by the breach. It includes the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Payment is required. The intermediary contract is also legally valid, and it is necessary to pay liquidated damages to the intermediary for breach of contract after signing the intermediary contract. If the contract is breached before the termination of the contract, it is necessary to compensate for liquidated damages as agreed in the contract by the intermediary.

1. Can the intermediary party still charge the intermediary fee after the contract is terminated?

If the contract is terminated, the intermediary party can still charge the corresponding intermediary fee. An intermediary contract is a contract in which the intermediary reports to the principal the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the principal pays remuneration. When the intermediary facilitates the conclusion of the contract, the intermediary shall bear the cost of intermediary activities.

However, if the intermediary does not facilitate the conclusion of the contract, the client may be required to pay the necessary expenses incurred for engaging in intermediary activities, but the client shall not be required to pay remuneration.

2. Do intermediary contracts need to be notarized, and what are the precautions?

Regardless of whether the intermediary contract is a company or an individual, it is generally valid and can be notarized, and it has more probative force after notarization.

Notes on intermediary contracts:

Confidentiality Agreement. The intermediary shall perform the obligation of confidentiality during or after the conclusion of the contract between the parties to the transaction. If the intermediary violates this obligation and causes damage to the client, he shall be liable for damages.

Payment Terms. Only when the intermediary facilitates the conclusion of the contract can the intermediary demand remuneration from the principal.

3. Is the intermediary contract a mandatory contract?

An intermediary contract is not a formal contract. An intermediary contract, also known as an "intermediary service contract", refers to an agreement whereby the intermediary provides an opportunity for the client to conclude a contract with a third party or introduces him to a third party at the request of the client, and the client must pay the agreed remuneration to the intermediary. A formal contract refers to a contract that is stipulated by laws and administrative regulations, or that the parties agree that it shall be in written form.

Article 186 of the Civil Code of the People's Republic of China provides that if the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

According to the law, liquidated damages can be claimed in an intermediary contract. The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

[Legal basis].Article 585 of the Civil Code is amended for filial piety.

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.