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Can a broker act without a written order?
The legal situation briefly explained:
A real estate agent looks for prospective buyers for their apartment or house on behalf of the owner. In practice there are two types of brokers:
- The proof broker provides the owners with potential buyers. He is compensated for his efforts at an hourly rate of between 120 and 180 francs.
- The broker not only mediates prospective buyers, but also leads the negotiations to conclude the contract. He is only entitled to a fee once the sale has been completed. His fee is usually 2-3 percent of the sales price.
The brokerage agreement or brokerage agreement is regulated in Articles 412 to 418 of the Code of Obligations. There are no formal requirements in the law. This means that a brokerage contract can also be concluded verbally. But be careful: Because the agreed points in oral contracts – especially the fee – are difficult to prove in the event of a dispute, it is advisable to put a brokerage contract in writing.
A practical example
The example of an “Espresso” listener shows that conflicts between apartment owners and real estate agents occur again and again in practice. The owner says he advertised his apartment on a platform and was then contacted by a real estate agent. Although he had sent documents to the broker and received sales documentation from him, he had clearly stated that he was not prepared to pay a fee. The real estate agent on the other hand claims that he has already referred several interested parties and advertised the apartment on other platforms at his own expense. He now demands a fee for this.
Legal proceedings are complex and risky
If the homeowner and real estate agent cannot agree on a compromise, a court would have to decide whether a fee is owed. In addition to the statements of both sides, the court relies on evidence such as emails and correspondence. Proceedings in court are expensive and – in this example for both sides – risky.
From a legal perspective, in this case it is unclear whether the apartment owner actually entered into an oral contract. In addition, the broker would have to prove that he was already promised a fee when referring interested parties.