The seller’s withdrawal does not, by itself, automatically extinguish an otherwise valid commission claim against the buyer.
The dispute
An estate agent was involved in selling a heritable building right with a residential building. The seller withdrew from the seller-side brokerage agreement; the buyer-side commission remained in dispute.
The court’s approach
The Federal Court of Justice distinguished the contractual relationships. Withdrawal by the seller does not automatically invalidate the agent’s claim against the buyer. The decision also addresses the written-text requirement and the information in a property brochure.
Practical relevance
Buyers and agents should examine the actual commission agreement and the statutory rules on allocating brokerage costs. Each contractual relationship must be assessed on its own terms.