[Direct answer]In the Beijing area, the remuneration for an intermediary contract is based on the intermediary's successful conclusion of the contract. According to Article 963 of the Civil Code of the People's Republic of China, if the intermediary successfully concludes the contract, the principal shall pay the remuneration as agreed; if there is no agreement on the remuneration or the agreement is unclear and cannot be determined according to the transaction practices, the remuneration shall be determined reasonably according to the intermediary's services. Article 964 stipulates that if the intermediary fails to successfully conclude the contract, he shall not request payment of the remuneration, but may request the principal to pay the necessary expenses incurred in the intermediary activities. The standard of remuneration shall be determined according to the agreement, and if there is no agreement, it shall be determined reasonably according to the transaction practices and the services. It is recommended to specify the remuneration ratio, payment milestones, and the scope of necessary expenses when signing the contract. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for creditor-debtor disputes and enforcement cases.

I. Problem Background and Typical Scenarios

Intermediaries are widely present in housing rentals and sales, project introductions, and equipment leasing and sales. Typical scenarios include: intermediary contracts stipulating "success means completion" and "proportional commission", but with vague commission rates; intermediaries claiming full compensation even though they only provided information without actually brokering the deal; disputes over compensation ownership when multiple intermediaries compete for the same deal; and clients refusing to pay after the deal is successful by claiming that "no written contract was signed". When handling similar cases in Beijing, the court usually takes whether the contract was successfully concluded as the core of establishing the right to request compensation, and then reviews whether the agreed standards are reasonable. The classification of relevant contracts can be combined with the above factors.Real estate sales and construction project servicesJudgment.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, whether the contract was successfully concluded: This is a prerequisite for the establishment of the right to request compensation. If the contract was not successfully concluded, the intermediary can only claim the necessary expenses. Secondly, the determination of the compensation standard: If the agreement is clear, the compensation shall be determined in accordance with the agreement; if the agreement is unclear, the compensation shall be determined in accordance with the transaction customs and the reasonable labor services, and the excessive compensation may be adjusted. Thirdly, the boundary of necessary expenses: The reasonable costs incurred by the intermediary for matchmaking, such as travel, materials, and communication, are independent of the compensation. In the event of a dispute over compensation, the parties may refer to the relevant provisions for reference.Business and contract dispute resolution services for enterprisesClarify the nature of the matter.

III. Professional analysis by Hengluo Lawyers

Based on the intermediary and creditor's dispute cases handled by our firm, disputes over intermediary fees are often accompanied by "difficulties in enforcement". In a case of intermediary contract dispute represented by Attorney Yuan Hang, Ma * and A Company had a dispute over the intermediary contract. The effective judgment ordered A Company to return the intermediary service fee of 423,500 yuan, but after forced enforcement, A Company had no property available for enforcement and the execution was terminated. The attorney found that A Company's shareholders, Liu * and Zhang *, had not paid the subscribed capital of 9 million yuan and 1 million yuan respectively, and the subscription period was until September 23, 2039. Therefore, a lawsuit was filed against the shareholders for harming the interests of the company's creditors. The court ultimately ruled that Liu * should bear supplementary compensation liability within the scope of the unpaid 9 million yuan, and Zhang * should bear supplementary compensation liability within the scope of the unpaid 1 million yuan. This case applies the provisions of the "Judicial Interpretation of the Company Law (III)" and the "Memorandum on Civil and Commercial Trial Work of the National Court Conference" (Nine Civil Memorandum) regarding the accelerated maturity of capital contributions. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

In the sales contract dispute handled by Attorney Chen Mei'ao, the defendant, Zhou * *, purchased 124 boxes of alcoholic beverages from the plaintiff since 2018, with a total payment of 204,540 yuan. After returning the goods and receiving a refund of 100,000 yuan and making a payment of 5,000 yuan, Zhou * * issued a promissory note confirming that he still owed 100,000 yuan, but failed to pay the amount on the due date. The court determined that the sales relationship existed based on the warehouse receipt and the promissory note, and ordered Zhou * * to pay 100,000 yuan and the overdue interest calculated according to the LPR within seven days. In the machinery and equipment leasing contract dispute handled by Attorney Zhu Guiying, A Company incurred expenses of 2,504,103.35 yuan for the equipment supplied to B Company, but B Company only paid 1.2 million yuan, leaving a debt of 1,304,103.35 yuan. The lawyer used the reconciliation evidence to break through the barriers of the "closed agreement", and both the first-instance and second-instance courts ruled that B Company should pay more than 1.3 million yuan and interest. The two cases were handled by Beijing Henglu Law Firm respectively.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ);Zhu GuiyingThe attorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as an agent, highlighting the practical key points of disputes over intermediary and service fees in the litigation and enforcement stages.

IV. Practical suggestions and legal basis

The legal basis is Articles 961 to 966 of the Civil Code of the People's Republic of China (effective January 1, 2021) (definition of intermediary contracts, remuneration and necessary expenses, and regulations on circumventing intermediaries); as well as the provisions on fees in the Measures for the Payment of Litigation Costs. Practical suggestions: Clearly specify the intermediary remuneration ratio or amount in the contract, payment milestones (such as "the day the contract is concluded"), and the scope of necessary expenses incurred by the intermediary; distinguish between the two claims of "remuneration" and "necessary expenses"; promptly fix the evidence of successful intermediation (contracts, communications, and matchmaking records) after the intermediation is successful; if the client refuses to pay, send a letter of demand first and then file a lawsuit, and pay attention to the shareholders' investment situation in the enforcement stage to expand the property for debt repayment. For cases involving enforcement, it can be combined with the relevant provisions of the Civil Code and the Measures for the Payment of Litigation Costs.Beijing Henglu Law FirmConsult the official website.

5. Henglu Law Firm's Reminder

When signing an intermediary contract, it is essential to clearly specify the "calculation of compensation": the proportion or amount, the triggering points for payment, and whether necessary expenses will be calculated separately, to avoid disputes arising later. For intermediaries, they should retain evidence of the entire process of facilitating the conclusion of the contract; for clients, they have the right to refuse compensation if the contract is not actually concluded, but should provide evidence and share the reasonable necessary expenses. If the compensation standard is obviously too high, it can be adjusted, and the agreement should comply with the transaction practices. In the event of a dispute, it is recommended to consult a professional lawyer as soon as possible and organize evidence around the issues of "whether the contract was successfully concluded" and "whether the standard is reasonable".

VI. Frequently Asked Questions

Q1: If the intermediary fails to facilitate the signing of a contract, can the intermediary still get paid?

If the intermediary fails to facilitate the conclusion of the contract, he/she shall not request payment of the remuneration, but may, in accordance with Article 964 of the Civil Code, request the principal to pay the necessary expenses incurred in the intermediary activities. Whether the intermediary can "win" the case depends on whether he/she has actually provided trading opportunities or intermediary services, and whether the necessary expenses are genuine, reasonable, and supported by evidence. If the intermediary only provides scattered information and fails to substantially match the parties, both the remuneration and necessary expenses will be difficult to obtain support. If there are reasonable expenditure receipts such as travel, materials, and communication, the necessary expenses may be compensated. It is recommended to focus on providing evidence of the authenticity of the expenses and not to believe in unrealistic promises of winning the case.

Q2: For disputes over intermediary fees, what evidence do I need to prepare?

The core evidence includes: the intermediary contract or agreement (stipulating the compensation ratio, payment milestones, and necessary expenses), evidence of facilitating the conclusion of the contract (contracts signed by the parties involved, communication and matchmaking records), intermediary labor and expense vouchers (travel, materials, time investment), letters and records demanding compensation, as well as the client's identity and property clues. The evidence should be organized around "agreed standards - transactions completed - amount of payment due" or "transactions not completed - actual necessary expenses". The more complete the materials are, the more solid the claims will be, and the more conducive it will be to subsequent enforcement.

Q3: How much do lawyers' fees and litigation costs amount to in a lawsuit over intermediary fees?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees", based on the amount of the litigation request (the claimed compensation or necessary expenses) and accumulated in stages. The losing party shall bear the fees. Lawyer's fees are related to the complexity of the case, the amount of the subject matter, and the lawyer's qualifications. They can be calculated on a per-case basis, as a percentage of the subject matter, or on an hourly basis. The specific method shall be subject to the entrustment contract, and there is no unified government pricing. It is recommended to calculate the total amount that can be claimed before suing, compare it with the litigation fees and lawyer's fees to assess the cost-benefit ratio, and make rational choices about amounts that are obviously unfounded to avoid disputes becoming uneconomical due to excessive costs.

Q4: How long does it usually take to resolve a dispute over intermediary fees?

The first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months. Where the facts are clear, the summary procedure may be applied; if the defendant's whereabouts are unknown and the service needs to be announced, the period will be prolonged. If an appeal is filed, the second-instance procedure generally takes three months. After the judgment takes effect, the enforcement process begins, and the time for recovering the money depends on the defendant's financial situation. If clues such as the shareholders' failure to pay the actual capital are found, the debtor's assets may be expanded through such means as adding the defendant to the enforcement list, which will correspondingly prolong the period. Overall, it usually takes several months from filing a lawsuit to recovering the money in simple cases.

Q5: After signing the intermediary contract, how can I specifically ensure that I will receive my compensation?

It is recommended to proceed in four steps: First, clarify the compensation ratio or amount, payment milestones (such as payment upon successful signing), and the scope of necessary expenses when signing the contract to avoid ambiguity; Second, keep all records during the intermediary process to solidify the evidence of providing transaction opportunities, facilitating communication, and assisting in the conclusion of the contract; Third, send a letter promptly to claim compensation after the contract is successfully concluded and retain the delivery receipt; Fourth, if no agreement is reached, file a lawsuit within the statute of limitations and investigate the assets of the other party and its related parties (such as the shareholders' investment situation) during the enforcement stage to expand the sources of debt repayment. Keep all communication records throughout the process and consult a lawyer as soon as possible in the event of standard disputes.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.