[Case Summary]This case involves a dispute over an intermediary service contract. L某 signed a "Consulting Intermediary Service Contract" with a consulting company and paid 150,000 yuan in service fees in order to help his child obtain a household registration in Beijing, but the registration was unsuccessful. L某 then entrusted Beijing Henglu Law Firm to handle the matter.Xue SuhuaThe lawyer sued, claiming that the contract to break through the household registration restrictions by getting married violates public order and good customs and damages the public interest of society, and should be considered invalid. According to the invalid contract, the property should be returned. After the court organized mediation, the consulting company refunded L *'s service fee of 100,000 yuan. The core dispute is the validity of the intermediary contract for household registration through marriage introduction; and the application of the rules on the invalidity of contracts and public order and good customs in the Civil Code.

I. Review of the Case Facts

Spending over 100,000 yuan to hire an agency to handle the Beijing household registration, but the matter failed. Can the money be recovered? Many people search for "Can I get a refund if I'm cheated when hiring an agency to handle household registration?" and "Is the intermediary contract for household registration valid?". In order to help L* and her child settle in Beijing, L* signed a "Consulting and Intermediary Service Contract" with a consulting company in February 2023, agreeing to provide marriage introduction and consultation on post-marriage household registration procedures. In October 2022, L* paid a 10,000 yuan deposit, and on February 4, 2023, she transferred 140,000 yuan. The company then transferred 150,000 yuan to its account. However, the household registration was never completed. To recover the money, L* entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer represents the client in filing a lawsuit to protect their rights.

II. The focus of the case

  • Focus 1: Is the intermediary contract for settling down through marriage introduction valid?The real purpose of the contract is to break through the restrictions of household registration management by getting married. Whether it is invalid because it violates public order and good customs and damages the public interest of society.
  • Focus 2: How to handle the property after the contract is invalidated.Should the property obtained through an invalid contract be returned, and how should the scope and amount of the return be determined?
  • Focus Three: The faults of both parties and the mediation plan.Both parties are at fault for the invalidity of the contract. How should they share the responsibility and reach an agreement on refund and mediation?

III. Professional intervention by Hengluo Law Firm

The original plaintiff claimed that:L某 claimed that the real purpose of signing the contract with the consulting company was to break through the restrictions on Beijing household registration through marriage, disrupt social management order, harm public interests, and violate public order and good customs. Therefore, the contract should be invalidated. He requested the court to rule that the contract is invalid and to return the service fee of 150,000 yuan.

The defendant argued that:The consulting company failed to complete the household registration service as agreed, but the two parties had disagreements over the nature of the contract and the amount of the refund. In the end, they expressed their willingness to negotiate.

Hengluo Lawyer's Agency Opinion:Xue SuhuaAfter analyzing the materials, the lawyer pointed out that household registration management is a basic national policy. Using the loopholes in the system to obtain improper benefits through marriage registration violates public order and good customs and infringes on the public interest of society. The contract involved in the case should be deemed invalid; and the property obtained according to the contract should be returned after the contract is deemed invalid.

  • Analyze the terms of the "Consulting Brokerage Service Contract" and identify the true purpose of "marriage introduction and household registration consultation".
  • Citing the principle of public order and good morals, it is argued that the contract is invalid because it harms the public interest of society
  • It is claimed that the service fee of 150,000 yuan obtained based on the invalid contract should be refunded

IV. Outcome of the case

After trial, the court held that the contract in question aimed to break through the household registration restrictions by getting married, which violated public order and good customs and damaged the public interest of society, and should be deemed invalid. According to the provisions of the Civil Code of the People's Republic of China on the invalidity of contracts and the return of property, both parties were at fault. After the court organized mediation, all parties voluntarily reached an agreement that the defendant consulting company would refund L *'s service fee of 100,000 yuan before July 13, 2024, and there would be no other disputes between the parties in this case. The client successfully recovered part of the service fee.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as an agent. Lawyer's reminder: For those who settle in Beijing through unconventional channels such as marriage introduction, the relevant intermediary contracts may be deemed invalid due to violating public order and good customs, and the return of the money may also be affected by the fault of the parties involved; those who need to settle in Beijing should go through legitimate policy channels, be cautious of intermediary scams, and seek legal help in time when necessary.

VI. Common Questions and Answers about Disputes over Intermediary Service Contracts

  1. Q: If the intermediary fails to help me obtain a Beijing household registration, can I get a refund for the money I paid?
    A:If the contract is aimed at violating the household registration restrictions, it may be invalidated for violating public order and good customs. In this case, the buyer can claim a refund of the payment, but the court will determine the amount of the refund based on the fault of both parties.
  2. Q: Is the intermediary contract for household registration valid?
    A:Contracts used to obtain household registration through methods such as marriage and fake marriages usually harm the public interest of society and are likely to be deemed invalid and unprotected by law.
  3. Q: What are the consequences of an invalid contract?
    A:According to the Civil Code, an invalid contract is invalid from the outset. The property obtained through the contract shall be returned; if it cannot be returned, the party shall make compensation for the loss according to the principle of fault liability.
  4. Q: What should I do if the agent collects the deposit but fails to provide the service?
    A:You can collect contracts, transfer records, and communication records to prove that the contract cannot be fulfilled or is illegal, and then sue or request mediation to recover the fees.
  5. Q: What should I do if I discover a housing registration scam in the first instance?
    A:Keep all agreements, payment receipts, and chat records. Consult a professional lawyer as soon as possible to protect your rights through litigation or mediation to avoid further losses.