That is to say, the parties to an intermediary contract can freely agree on the intermediary fee, and as long as the fee is the true intention of the parties and the parties agree on the agreed intermediary fee, the intermediary fee shall be implemented according to the agreed standard.
I. Conditions for the entry into force of the intermediary contract:
1, the actor has corresponding capacity for civil conduct;
2. The meaning is true;
3, do not violate the mandatory provisions of laws and administrative regulations, do not violate public order and good customs.
Intermediary, as a form of intermediary, aims to link buyers and sellers of the same commodity together in order to facilitate the service of obtaining reasonable commission after the transaction. No matter what kind of intermediary, the intermediary is not the agent of the principal, but the intermediary that plays the role of introduction and help between the two parties to the transaction.
Two, the broker must have two elements to get paid:
1. The contract introduced must be established;
2. There is a causal relationship between the establishment of the contract and the introduction of the broker.
Only when both are available at the same time, the client has the obligation to pay remuneration.
The above is about whether the agency fee exceeds 10% or not. China's law does not clearly stipulate the limit of agency fees, so it cannot be considered illegal. However, when both parties sign an intermediary contract, the intermediary should seek truth from facts and charge fees reasonably according to industry norms.
Legal basis:
Article 963 of the Civil Code of People's Republic of China (PRC) stipulates that if the broker facilitates the establishment of a contract, the client 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.
Article 964 of the Civil Code of People's Republic of China (PRC) stipulates that if the broker fails to facilitate the establishment of the contract, he shall not demand payment; However, customers may be required to pay the necessary fees for intermediary activities as agreed.
Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Futures Dispute Cases (Revised in 2020) Article 10 If a citizen or legal person is entrusted by a futures company or a customer to provide them with the intermediary service of signing contracts or concluding futures brokerage contracts, the futures company or the customer shall pay remuneration to the intermediary in accordance with the agreement. The intermediary shall independently bear the civil liability arising from the intermediary brokerage relationship.