My right to claim a commission
My right to claim a commission
I introduced an acquaintance to someone who was looking for a property and they concluded a sale without informing me. Am I entitled to claim commission on this deal?
Martine, Vaud
First of all, you need to determine whether you have entered into a brokerage contract with the seller of the property, or whether the appointment of the potential buyer is simply a service rendered.
Such a contract does not necessarily have to be in writing, but it presupposes that the seller has expressly undertaken to pay a fee to the person who introduces him or her to the person with whom he or she will have the opportunity to complete the deal. If nothing of the sort has been expressed, for it to be possible to argue that a brokerage contract has been tacitly concluded between the parties, it is necessary, at the very least, according to the case law of the Federal Court, for the seller to have knowingly allowed a person whom he knows to be his specialist to take steps that have enabled him to complete the deal. In such a case, it would be inappropriate to refuse to pay the broker for his work.
If you are not a professional in this type of activity, the seller will certainly be able to argue that he didn't think he had to pay you for the information you gave him.
If you are nevertheless able to demonstrate the existence of a contract, at least tacit, articles 413 and 414 of the Code of Obligations stipulate that the broker is entitled to remuneration as soon as the indication he has given or the negotiation he has conducted leads to the conclusion of the contract. The law does not set a tariff, but refers to customary practice.
In the real estate sector, the commissions usually charged by estate agents in our region, which are subject to considerable negotiation, are generally in the region of three per cent of the sale price, plus VAT. In Switzerland, these commissions are traditionally paid by the seller, whereas in some neighbouring countries they are paid by the buyer, or by both parties jointly and severally.
