Is it a fraud if the intermediary does not give commission rebate?

No, it is not a crime. Failure to pay the intermediary fee is a civil dispute and does not bear criminal responsibility. If negotiation fails, evidence should be collected and brought to court to resolve the matter. Rebates are made through the above investments through some formal rebate platforms. The rebate platforms will return the commissions generated during the investment process to investors.

Intermediary rebates are often verbal promises. This kind of rebate is vicious competition and is not supported. However, there are still some illegal operations on second-hand houses. Just to pay the bills themselves and facilitate the transaction, they will discuss rebates with the buyers.

The crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

The crime of fraud shall be constituted if the following requirements are met:

1. Object requirements. The object of this crime is the ownership of public and private property.

2. Objective requirements. This crime objectively manifests itself as using fraudulent methods (fabricating facts or concealing the truth) to defraud large amounts of public or private property.

3. Main elements. The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime.

4. The subjective aspect of this crime is direct intention, and it has the purpose of illegally possessing public and private property.

Legal basis:

"Criminal Law"

Article 266,

Defrauding public or private property, the amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined;

Amount If the offense is particularly serious or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.