Intermediaries and brokers generally engage in foreign activities in their own names, while agents engage in activities in the name of clients. (2) Different responsibilities

Intermediary means that the intermediary provides transaction information and conditions for both parties to the transaction and plays the role of matching transactions, so the rights and responsibilities in the activity belong to both parties to the transaction; After accepting the entrustment of the principal, the trustee-trader conducts transactions with a third party in his own name, and the rights and responsibilities in the activities belong to the trustee-trader himself; Agency means that the agent carries out activities in the name of the principal, and the rights and responsibilities arising from the activities belong to the principal. (3) the relationship with the principal is different

There is no fixed relationship between the broker and the customer, and the business is mostly one-off business, and the customer can also have a direct relationship with the third party at the same time; Both brokers and agents have a relatively fixed relationship with the parties in a certain period of time, and the client can no longer have a direct relationship with a third party after signing a contract with the brokers and agents. (4) The degree of control over commodities is different.

The broker does not own the goods and has no right to adjust the prices and sales conditions of the goods; The general broker can own the goods, but has no right to adjust the price of the goods. According to different agreements, the agent can actually own or not own the goods, and can also make some adjustments to the price of the goods. (5) The process of concluding a contract is different.

No matter who makes an offer first, the three parties must negotiate together to reach an agreement, that is, the process of concluding a contract between the two parties cannot be separated from the activities of the intermediary; Usually, when a broker or agent makes a specific transaction, the customer first makes an offer, then the broker or agent expresses his commitment or makes a new offer, and finally an agreement is reached through the agreement of both parties. (6) The name of income is different.

The unified legal name of the income earned by brokers is commission, but in daily brokerage activities, people are used to calling the income earned by brokers as commission, and the income earned by brokers and agents in brokerage activities as agency fees or service fees and handling fees. , not a commission.

Learning point

What is an offer?

An offer is an expression of intention sent by one party to another party to conclude a contract with the other party. The party making the offer is called the offeror, and the party receiving the offer is called the offeree. For example, if you sell vegetables in the market and shout Chinese cabbage 1 yuan 1 kg, this is an offer. If the buyer thinks the price is suitable, then he has the right to buy at this price.