Duration of the contract real estate brokerage

mediacion inmobiliaria


To set the duration of the contract mediation or real estate brokerage, It should be the terms set out therein.

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The Provincial Court of Alicante has estimated the appeal filed by an agent of real estate mediation, considering that persisted to the brokerage contract. La decisión ha sido adoptada en la judgment of the Audiencia Provincial de Madrid Ollie # 317, dictated Day 21 September 2017.

Ms.. Emilina owned a ship, and her husband contacted D. Saturnino to formalize a contract to provide services real estate mediation, Date 29 enero de 2008, for sale or rent ship. They were agreed a fee for the 10% income by renting the same.

D. Saturnino contacted D. Alvaro, interested in leasing the ship and began the negotiations. Finally in April 2008, almost to the formalization of the contract, D. Alvaro refused to sign the same, Since it had been introduced clauses which was not according.

It is important to note that the mediation in contract a clause stating that the mediator also receive their fees included “if renting or selling is done for people in the course of one year from the date of completion of the order, companies or family presented to the client by the agent”.

In year 2010, Thanks to this first fruitless mediation between Dña. Emilina and D. Alvaro finally They formalized a lease, so that D. Saturnino claimed the amount agreed in the contract providing service real estate mediation.

The mediation agreement is automatically renewed if no cancellation had expressed the same.

However, Ms.. Emilina He refused to payment of the commission of the realtor, to considering that the provision had completed a non formalized the lease of the year 2008.

In this situation, D. Emiliano filed a complaint against Ms.. Emilina, claiming that It has not completed the task to which the contract relates, since the term 120 days for the completion of the steps is renewed, as agreed in the contract, if not canceled. No cancellation consisting, it would force, thus covering the rent agreed directly between the Dña. Emilina to and D. Alvaro, as it is clear that it was concluded thanks to the management of the applicant.

The Court of First Instance No. 2 San Vicente of the Raspeig, gave judgment dismissed the lawsuit, acquitting the defendant.

Contra esa resolución, D. Saturnino filed appeal, alleging error in the assessment of evidence, understanding that a lease was concluded in the year 2008 on that ship by means of the actor, without there being conferred custom expired, concurring breach of contract by the defendant.

The Provincial Court, to resolve the resource, comes to assessing the duration of the contract and the amount of income satisfied, since this will be the budget for the calculation of the commission of the 10% of the amount of the monthly installments that correspond to the mediator for his role in the contract.

also considers, which it is extracted from cars that monthly payments were paid in the months between January and September 2010, a razón de 1.500 monthly euros, because although it could be understood that there was agreement on the lease of wills in much earlier date, reason why work began, the appropriate licenses were collected and contracts were made necessary supplies, There are insufficient data on the procedure for considering, indeed, non-payment of rent started until the signing of the contract by the parties on January 1 of 2010, time the laundry business could start working. In September 2010, as it is evident from the depositions, without having proven otherwise, agreed between the parties the termination of the contract.

Therefore it can not consider the months on those who have to calculate the commission go beyond nine months;, so the same amount to the 10% of the rent paid during that period, namely, 1.350 euros.

Therefore, Alicante Provincial Court upheld the appeal filed against the judgment of the Court of First Instance 2 San Vicente of the Raspeig, revoking the resolution and estimating demand partly, condemning Dña. Emilina to pay D. The amount of Saturnino 1.350 € plus statutory interest.

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