Regarding Breach of Intermediary Contract 30, Regarding Breach of Intermediary Contract

1) If the client needs to keep the confidentiality of the intermediary, it is necessary to make a confidentiality agreement between the intermediaryWhen signing the intermediary contract, if the principal requires the intermediary, the intermediary shall not inform the other party of his name, trade name or name. It should be reflected in the intermediary contract. In this case, the intermediary has the obligation to keep the client's information confidential.

The intermediary shall perform the obligation of confidentiality during or after the conclusion of the contract between the parties to the transaction. The intermediary shall keep confidential the client's trade secrets learned in the course of completing intermediary activities for the client, as well as the information provided by the client, the opportunity to conclude the transaction, and the subsequent conclusion of the contract in accordance with the provisions of the contract. If the intermediary violates this obligation and causes damage to the client, it shall be liable for damages.

2) Conditions for payment of remuneration Only when the intermediary procures the conclusion of the contract, can the intermediary demand the payment of remuneration from the principal. (3) The issue of bearing the costs of intermediary activitiesWhen the intermediary facilitates the conclusion of the contract, the intermediary shall be responsible for the costs of the 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.

4) If the intermediary harms the interests of the client, or the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information, harming the interests of the client, he shall not demand payment of remuneration and shall bear the liability for damages. Legal basis: 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 concluding a contract, and the client pays remuneration.

This is more troublesome, because according to what you said, the buyer signed the "intention contract", this contract is not a sales contract, it can only show that the buyer has the intention to buy this house, but it is not a fixed house, in addition, this intention contract you look at is the buyer and the intermediary company signed or your buyer and seller and the intermediary party signed by the three houses, if it is signed by the three parties, the intention contract has about the buyer does not buy this house to compensate the homeowner, you can ask for compensation for your losses, if not, Just show that the buyer is interested, and you may not think much about compensation.

In addition, the buyer's intention money is paid to the intermediary company, not to the account designated by the owner, so it can be considered that the buyer has not reached an intention to buy and sell with the owner.

Of course, you can ask Lianjia to bear the liability for breach of contract.

Legal analysis: The main reason is that although the deposit has been paid, one party does not want to continue the transaction, and does not want to bear the responsibility of losing the deposit or returning the deposit twice, so what should I do if I regret signing the intermediary contract for the sale of housing When the above situation arises, we should pay attention to the formation of evidence in favor of ourselves, and the detailed steps are as follows: (1) Go to the intermediary company at the agreed time of the intermediary contract, and require the intermediary company to issue a written confirmation that the other party does not sign the sales contract at the agreed time or raises disagreements and requests that the sales contract cannot be signed.

2) Send a written notice to the other party, pointing out that because the other party fails to sign the contract within the agreed time or the sales contract cannot be signed, it constitutes a breach of contract, give the other party a grace period for signing the contract, and require the other party to sign the contract within the time limit, otherwise it will bear the liability for breach of contract. And keep the written notice in copy, send the original ** to the other party, if there is no other party's address, you can send it to the intermediary company for transfer. (3) Go to the intermediary company again at the time designated by the grace period, and if you can no longer sign the contract, ask the intermediary company to issue a certificate again.

Legal basis: Article 963 of the Civil Code: If the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement.

Where there is no agreement on the remuneration of the intermediary or the agreement is not clear, and it cannot be determined in accordance with the provisions of article 510 of this Law, it is to be reasonably determined on the basis of the intermediary's labor services. Where the conclusion of a contract is facilitated by the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the intermediary's remuneration equally. If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.

Legal analysis: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall return and bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. After signing the contract, if there is a breach of contract, the breaching party needs to bear the corresponding liability for breach of contract.

If there is an agreement on liability for breach of contract in an intermediary contract, the agreement on liability for breach of contract can generally be directly applied. There is generally an agreement on liquidated damages, which refer to the money that one party should pay to the other party when it breaches the contract according to the agreement of the parties or the direct provisions of the law.

Legal basis: Article 570 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

If one of the parties fails to perform the main obligations of the contract or the performance of the contractual obligations does not comply with the provisions, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Accordingly, there are three basic forms of liability for breach of contract, namely, continued performance, remedial measures for the destruction of dates, and compensation for losses.

Of course, in addition to this, there are other forms of liability for breach of contract, such as liquidated damages and deposit liability.

The parties to an intermediary contract may clearly stipulate the liability for breach of contract, so that even if a dispute arises in the future, the other party can be required to bear the liability for breach of contract according to the liability for breach of contract stipulated in the terms of the contract.

Legal basis. Article 585 of the Civil Code of the People's Republic of China.

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.

If the agreed liquidated damages are lower than the losses caused, the people's court's reply or the 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.

If the intermediary contract is breached, the liability for breach of contract shall be borne in accordance with the contract.

If the contract stipulates liquidated damages, it shall be paid in accordance with the liquidated damages agreed in the contract, and if the contract does not stipulate liquidated damages, the contract shall bear the liability for breach of contract according to the actual losses caused.

If the purpose of the contract cannot be achieved due to the breach of contract by one party, the non-breaching party may request the court to rescind the contract.

1. What are the provisions on liquidated damages?

If the parties have agreed on liquidated damages in the contract, they shall compensate for the liquidated damages in accordance with the agreement, and 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 two parties do not agree on liquidated damages, they may bear the liability for breach of contract according to the actual losses caused.

2. How to compensate for decoration breaches.

If the parties have agreed on liquidated damages in the contract, they shall compensate for the liquidated damages in accordance with the agreement, and 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; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or the first arbitration institution may appropriately reduce the amount according to the request of the parties. If the two parties do not agree on liquidated damages, they may bear the liability for breach of contract according to the actual losses caused.

3. What should I do if I do not pay compensation if I breach the contract.

If the breach of contract is not compensated, the non-breaching party can file a civil lawsuit with the court with the ID card, the contract signed by both parties, and the complaint and a copy.

If the two parties have agreed on liquidated damages, they shall pay the liquidated damages in accordance with the agreement, and if the two parties have not agreed on liquidated damages, they may claim compensation according to the actual losses suffered by themselves.

If the court rules that the other party bears liability for breach of contract and still fails to pay within the time limit specified in the judgment, the non-breaching party may also apply to the court for compulsory enforcement.

Article 577 of the Civil Code provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.