Post by account_disabled on Mar 12, 2024 22:16:09 GMT -5
The real estate agent is entitled to receive a commission in cases where the buyer or seller withdraws due to regret. The commission should not be paid if the withdrawal is the broker's fault.
reproduction
Broker is entitled to commission if sale of the property does not materialize for reasons unrelated to his activity Reproduction
The decision was made by the 3rd Panel of the Superior Court of Justice, recognizing the right of two brokers to receive the commission, despite the deal not having been completed.
The applicant brokers brokered a sale and, when the deed was already scheduled to be drawn up at the property registry office, the buyer did not show up, which led to the contract being terminated due to regret.
According to Minister Nancy Andrighi, rapporteur Portugal Mobile Number List of the appeal at the STJ, the deal was undone without any contribution from the brokers, that is, the contractor's regret was due to factors unrelated to the activity of the intermediaries.
According to the rapporteur, the central point of the controversy is defining what can be understood as a useful result of the realtor's activity.
"For the purpose of making due the remuneration to which the broker is entitled, the mediation must correspond only to the conclusive limits of the business, through an agreement between the parties, regardless of the execution of the business itself", he declared. Therefore, the withdrawal of the deal later by either party will not have any repercussions on the broker.
Nancy Andrighi highlighted that the STJ has already decided that, as the party's regret is related to the lack of diligence and prudence of the business intermediary, the brokerage commission will not be due.
She mentioned REsp 1,272,932, in which the 3rd Panel, analyzing a situation similar to that of the appeal under trial, understood that it is necessary to consider the circumstances of the specific case to know whether the broker's mediation achieved its useful result.
The minister said that the evidence in the case is clear in demonstrating that the contract was signed, mediated by the brokers, and then the deal was undone due to factors unrelated to the activity of the intermediaries, which justifies the payment of the commission. With information from the STJ press office.