The intermediation agreement is regulated by the provisions of the New Civil Code, in art. 2096 – 2102, articles which define the notion of intermediation as the contract through with the intermediary undertakes the obligation to bring his client into contact with a third party with the purpose of concluding a contract. Moreover, the law stipulates that the intermediary is independent of the intermediated parties. Thus, the core of the intermediation contract is represented by the intermediary’s material actions of bringing into contact two persons, the client and the third party, with the purpose of concluding a contract. The intermediary doesn’t have the representation power of representing the mediated parties in the conclusion of the contract or other necessary acts for its execution, but can be granted this power under the provisions of art. 2102 of the Civil Code.
Seeing as the law doesn’t establish the formal conditions under which the intermediation contract can be concluded, this contract is considered to be of a consensual nature. What’s more, the Civil Code doesn’t impose any conditions regarding the parties of this contract, which means that the intermediation agreement can be concluded both between professionals and nonprofessionals.
Yes, according to the legal framework, the intermediary has the right to be remunerated by the client only in the case that the intermediated contract is concluded as a result of his intermediation. However, in lack of the parties’ convention or a legal specific provision, the intermediart has the right to a remuneration according to the past practices established between the parties or any existing usages regarding such contracts between professionals.
What’s more, the intermediary is entitled to the reimbursement of the expenses incurred for the intermediation if this right was stipulated by the parties in the intermediation agreement.
If the mediation was conducted by several intermediaries, each of them is entitled to an equal share of the fixed remuneration if the contract does not provide otherwise.
The intermediary undertakes the obligation of bringing his client into contact with a third party with the purpose of concluding a contract by said parties. The intermediary will act according to the intermediate’s instructions and is only reponsible for the conclusion of the contract and not its execution, so it becomes natural that the intermediary's remuneration right to become valid when the contract is concluded between the client and the third party, and not when it’s executed.
Another obligation of the intermediary is that of informing the third party regarding the advantages and the opportunity of concluding the mediated contract, provided that this does not culpably prejudice the interests of the client.
The client’s obligations refer to the remuneration of the intermediary when the contract is concluded. The Civil Code stipulates that right of action on the payment of the intermediary’s due remuneration is subject to a time limit of 2 years. Moreover, the client has the obligation of informing the intermediary if the contract has been concluded within 15 days from the date of its conclusion, under the sanction of double remunaration provided that the agreement doesn’t stipulate otherwise. In the situation that the remunaration is established according to the value of the mediated contract or other essential elements of the contract, the client is obligated to comunicate them under the same conditions as those explained above.
Do not hesitate to contact one of the lawyers within the Darie, Manea & associates law firm for more information regarding the conclusion of the intermediation agreement in Romania, the conditions that need to be met, the obligations of the parties or representation before the competent authorities when required.