Sample a commercial brokerage contract: Instructions for drafting properly

A commercial brokerage contract is an important tool that helps parties participating in a transaction clearly define their rights, obligations and responsibilities. Drafting a standard contract not only protects legal rights but also helps limit risks and avoid unnecessary disputes. The commercial brokerage contract will be a solid basis for agreements between the parties, creating transparency and trust in the cooperation process.

What is a commercial brokerage contract? Necessary contents in a commercial brokerage contract

Pursuant to Article 150 of the Law on Commercial 2005 and Article 385 of the Civil Code 2015, a commercial brokerage contract is an agreement between parties on commercial activities, in which the broker acts as an intermediary to carry out a contract for the purchase and sale of goods or the provision of services, and receives remuneration.

The basic contents of a commercial brokerage contract include:

1. Information of the parties: Includes information of the broker and the brokered party.
2. Contract purpose: Describes the specific purpose of the brokerage contract, such as connecting partners, providing information, or supporting transactions.
3. Content of brokerage work: Details of the brokerage work that the broker will perform, for example: finding partners, organizing meetings, negotiating.
4. Rights and obligations of the parties:

• Brokers: Provide accurate information, keep information confidential, and do not compete unfairly.
• Brokered party: Provide complete information to the broker, pay fees on time.

5. Brokerage fees and payment methods: Specify the fee (by percentage or fixed level), payment method (pay once, according to progress, or when the transaction is completed).
6. Contract period: Contract validity period and extension conditions, if any.
7. Confidentiality and intellectual property rights: The broker must keep information confidential and not disclose it to third parties. Intellectual property rights to documents or information arising during the brokerage process.
8. Handling contract violations: Regulations on dispute resolution mechanisms and handling of violations, including compensation for damages or contract penalties.
9. Terminate the contract: Terms of contract termination and related conditions.
10. Dispute resolution: Dispute resolution methods such as negotiation, conciliation, arbitration or court.
11. Other terms: Additional insurance provisions or special legal requirements.
12. Signatures of the parties: Signature of the representatives of the parties with full name, position and date of signing the contract.
13. Appendix (if any): Additional documents or detailed agreements related to the contract.

Current commercial brokerage contract sample

Currently, the Law on Commercial 2005 and guiding documents do not provide a standard form of commercial brokerage contract, however, from the characteristics of the contract specified in the Civil Code and regulations on commercial brokerage, the broker The broker and the brokered party can agree to establish a commercial brokerage contract themselves. Next, Long Phan will provide the latest commercial brokerage contract form in 2024, you can refer to it through the link below.

>>Commercial brokerage contract sample 2024.

Detailed instructions on how to draft a commercial brokerage contract

Drafting a commercial brokerage contract needs to be clear, detailed and legal. Below are some detailed instructions on how to draft a commercial brokerage contract:

• Information of participating parties: Provide full names, addresses, phone numbers, tax codes (if any) and representatives of the parties.
• Contract purpose: Clearly define the contract purpose so that the parties clearly understand the tasks and responsibilities.
• Content of brokerage work: Describes the work the broker will perform such as finding partners, negotiating, and providing market information.
• Rights and obligations of the parties: Provide specific rights and obligations of the broker and the party needing brokerage.
• Brokerage fees and payment methods: Specify the fee level (percentage or fixed fee) and payment method.
• Contract duration: Clearly state the start and end time and conditions for contract extension (if any).
• Confidentiality terms: Committed to keeping partners and customers’ information confidential.
• Handling of contract violations: Regulations on handling measures when there is a breach of contract.
• Dispute resolution: Agreement on dispute resolution methods (negotiation, mediation, arbitration, court).
• Contract termination clause: Specifies cases and procedures for contract termination.
• Signatures of the parties: Signatures of legal representatives of the parties to the contract.

Consulting services, drafting standard commercial brokerage contracts at Long Phan

At Long Phan, with a team of experts with many years of experience in the field of commerce and contracts, we will effectively support customers in the contract drafting process.

Long Phan provides the following services:

• Consulting on important regulations and terms in drafting commercial brokerage contracts.
• Support drafting commercial contracts according to the requirements of the parties.
• Support customers in negotiations during the contract signing process.
• Consulting, checking and reviewing contract terms.
• Advise on resolution methods in case a dispute occurs.

Drafting commercial brokerage contracts plays an important role in ensuring the legality and transparency of commercial transactions. Complying with the correct process and preparing complete and accurate documents will help the parties protect their legal rights and avoid unnecessary disputes. Understanding and properly implementing procedures is an important factor for the cooperation process to go smoothly and effectively. Contact now via the hotline 0906735386 for advice.