房地产销售代理合同违约金计算模型构建研究

A Study of the Building of Penalty Calculation Model in the Sales Agent Contract of Real Estate

房地产销售代理过程中开发商的违约行为给代理商带来了严重损失,而准确确定双方签订合同中的违约金数额是解决这一问题的关键,也是合同顺利执行的重要保障。在委托-代理理论基础上,结合实际问题,通过增加开发商的利润率约束,建立了违约金计算模型,得出结论:违约金的数额与代理商的机会成本、销售成本以及风险成本成正比,与开发商的期望利润率成反比,并最终计算确定了违约金数额的有效范围。通过一个算例,对模型进行了检验计算。违约金计算模型的建立,为销售代理商在签订合同中提供依据,确保在合同执行过程中自身的应得利益,同时也使双方在合作过程中达到"双赢"局面。

The real estate developers＇ breaking of contract brings about a serious loss to the agents during the process of real estate agents sales. It is the key to solve this problem by determining the amount of penalty signed by both sides in the contract accurately. In this paper, based on the principal-agent theory and the practical problems, the penalty calculation model was established by increasing the developer＇s profit margin bound. And through the analysis, the amount of penalty was directly proportional to the opportunity costs, marketing costs and the risk costs of agents; the profit margin was inversely proportional to the expectation profit margin of developers. Ultimately the penalty range was determined. And then a calculation model was tested through a numerical example. Establishment of the penalty calculation model provided a basis to the sale agents in the signing of the contract to ensure their own interests, at the same time, a ＂win-win＂ situation could be reached in the process of cooperation.