When the mediator is entitled to his commission on the sale of a flat?

real estate lawyer












Are you entitled to remuneration mediator selling a floor when it was made in different terms to managers?

It's a case that arises quite often and has come to clarify the Supreme Court in its judgment of 21 May 2014. You can download the judgment here.

The owner of an apartment and a real estate mediator agree commissioned management for the sale of a sediment in May 2009 establishing the price in 225.000 euros. As a result of the efforts of the mediator, check the floor a client, but requesting a discount on the price. This fact is communicated to the owner that "it would say something". In August 2009, the owner and the client sign the deed of purchase by 190.000 euros, without intervention of the mediator.

The question arises if the mediator has the right to pay or if, whether to reduce in proportion to the reduction in the final price of the sale.

The Court of First Instance estimated demand mediator, condemning the payment of 15.000 euros relating to the remuneration of the mediator, legal interest and costs more. Considers that the plaintiff complied with the contract and that the sale was made through the intermediary of this.

The former owner sold brought Floor appeal before the Provincial Court, that it considers, reversing the judgment and absolving the obligation to pay. For the hearing, if the transaction is not carried out under the terms of the order, not accrue the right to commission.

So the mediator, interposed appeal to the Supreme Court.

To the Supreme Court, the mediator meets its obligation "allowing the sale" regardless of whether this occurs or not. In this case, sales floor as "success or success of the mediation" was achieved through management mediator contacted the acquirer future and taught repeatedly property. Also, in the agreement between the parties, not subjected remuneration of mediation upon a price target. And the fixed fee was proportionate to the uses and customs of the sector negotiable.

Ultimately, jurisprudence is fixed as of the Trial Chamber the mediator responsible for the sale of a home, entitled to full pay the agreed commission when their management is critical in determining the success or Engagement, regardless of whether the sale is carried out without his knowledge and the final price resulting from the same.

Another thing had happened, (and clarify that this is my view and the Supreme says nothing about) Yes it is the parties have agreed that the mediator's fee would vary in the same proportion in which you do, the price actually obtained in relation to the objective set. This is perfectly feasible, and would have saved a lot of trouble. We therefore recommend that, especially when a contract is a high amount, by an expert attorney advice.

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