a theme rather than the applicant, especially (but not only) in the field of real estate sales, is on the point from which stands for the real estate agent, pay commission. The hypothesis most frequently occurs when an agency is in charge of selling real estate (or we turn to an agency to find) property. However, as specified below shall apply, in general, also in the mediation business did not object to the transfer of ownership of a property. The timeliness of
question arises, if nothing else, the fact that certain chains (more or less known) of estate agents are using various "tricks" to make sure the commission in any case even when, in fact, the property is not purchased / sold. Needless to specify that, often, these "tricks" the client (seller or potential buyer that is) is not party informed. The result is that certain conduct "strategic" made out of contractual clauses for the content and consequences of which the Agency will inform the customer rarely end up generating sometimes unpleasant consequences for the victim (buyer / seller) who is forced to turn Lawyer when "the damage is done" or almost !
A first factor which must give an account is that when one turns to a real estate agent to purchase a particular property, the latter, in most cases to verify the customer's interest for the given unit property, offer to sign a form that typically presents itself as an "acquisition proposal" sometimes accompanied by further attribute "irrevocable." There have, however, the real estate agent is party to the promissory purchaser the consequences of signing such a form.
Generally, with characters more or less small, these modules explain that in the event of signing the purchase offer, the subsequent acceptance thereof by the seller which is a real conclusion of the preliminary contract (or sale agreement) and, equally typically, the prospective buyer is required to pay (sometimes at a later stage) the amount of money as a deposit deposit. The consequence is that sometimes those who are interested in purchasing a property in the belief that they can subscribe modules cheerfully withdraw (no damage) from the potential deal and then realize (painfully) at the time of the refusal to proceed further, it has signed a real preliminary agreement with all the consequences that the Civil Code is descended from such subscription; not least typical of the compulsory stipulare il successivo contratto definitivo. Ma anche nel caso in cui, per ipotesi, si riesca a non addivenire al successivo rogito o contratto definitivo, l'Agenzia immobiliare avrà ottenuto il suo scopo: quello di far sborsare la provvigione al/i soggetto/i obbligato/i.
Per quale motivo l'Agenzia immobiliare è così interessata a che il promittente acquirente arrivi quantomeno a sottoscrivere un contratto preliminare tanto da far "convertire" un modulo contenente una proposta di acquisto nel famigerato "compromesso di vendita" ?
La risposta risiede in un consolidato orientamento giurisprudenziale in base al quale la conclusione di un valido contratto preliminare, se frutto dell'attività svolta dal mediatore, è già di per se idoneo a far sorgere per quest'ultimo l'obbligo di reclamare la provvigione per l'affare; anche se, per ipotesi, non si addivenga al sucessivo contratto definitivo con relativo trasferimento dell'immobile. Tale orientamento è stato ribadito, negli ultimi anni, dalla Cass. n. 22000/07 .
Se, pertanto, l'Art. 1755 Cod. Civ. stabilisce che il mediatore ha diritto alla provvigione solo in caso di conclusione dell'affare, e sempre che l'affare sia concluso " per effetto del suo intervento ", è altresì vero che " per conclusione dell'affare ", sostiene la Corte di Cassazione, " deve intendersi il compimento di un'operazione di natura economica generatrice di un rapporto obbligatorio between the parties, "or rather" of an act under which it has formed a bond that gives a right of action for the fulfillment of the agreements entered into or, failing that, for the damages "(Cass. No 22000/07). It is no doubt that the preliminary contract, the way it is structured and the obligations it generates in the hands of those who subscribes to determine definitely the birth of a " bond" between parties. constraint that, if not maintained, the party who has legitimate basis for appeal to the Judicial Authority. This is enough, therefore, to consider "business" even a preliminary contract, so that the conclusion of a preliminary contract will result to a "deal concluded," with all the necessary consequences for the mediator, who may rely, in respect of the obligations, the right to a commission even if, hypothetically, to not follow the preliminary final contract.
This explains the iron obstinacy with which the Agencies require their customers to the subscription module which, in an almost "painless", will "transform" into preliminary agreements with "painful" consequences for the ill-advised clients.
However, if the signature of one of these modules is liable to cause the consequences referred to above, if you pay attention and to refrain from hastily sign the forms "dished up" by the real estate (Unless, of course, has not firmly decided to buy the property) you can take advantage of a position of considerable strength. Not only the agent will continue to provide its activities directed to reach the transfer of ownership of the property (after all, is still his interest that the deal to happen, even beyond the signing of any form of irrevocable ) but also, it will remain free not to close the deal even if it was proposed by the mediator will be in full accordance with our initial needs. This was recently affirmed by the Court of Bari: " If the party has appointed the Ombudsman does not conclude propostole broker the deal by itself, although this is entirely consistent with the requirements originally advanced, the Ombudsman is not entitled to a commission (Art. 1755 cc) "(Trib Bari No 2757/09).
course, do not signing any contract or any prior form is liable to "transform" in a preliminary. In this case, the mediator, can at best claim, pursuant to Art. 1756 Civil Code., reimbursement of any expenses incurred where documented.
A word of warning: this principle is valid unless it is otherwise agreed the payment of commission , regardless of the conclusion of the deal and due to the simple acquisition, for example, by the broker, had pointed to that offer homogenous.
E 'clear, however, especially in the field of real estate brokerage, the risk of becoming victims of clauses in modules that are rarely fully clear to those who subscribe. Therefore, there is no risk of appearing "concerned" if it is recommended that at the end of this brief excursus no means an exhaustive list, first consult a good lawyer who is able to clarify the content and consequences of the signing of certain " buy orders "to avoid even more painful (in terms of fees) of legal action, when" the damage is done. "
question arises, if nothing else, the fact that certain chains (more or less known) of estate agents are using various "tricks" to make sure the commission in any case even when, in fact, the property is not purchased / sold. Needless to specify that, often, these "tricks" the client (seller or potential buyer that is) is not party informed. The result is that certain conduct "strategic" made out of contractual clauses for the content and consequences of which the Agency will inform the customer rarely end up generating sometimes unpleasant consequences for the victim (buyer / seller) who is forced to turn Lawyer when "the damage is done" or almost !
A first factor which must give an account is that when one turns to a real estate agent to purchase a particular property, the latter, in most cases to verify the customer's interest for the given unit property, offer to sign a form that typically presents itself as an "acquisition proposal" sometimes accompanied by further attribute "irrevocable." There have, however, the real estate agent is party to the promissory purchaser the consequences of signing such a form.
Generally, with characters more or less small, these modules explain that in the event of signing the purchase offer, the subsequent acceptance thereof by the seller which is a real conclusion of the preliminary contract (or sale agreement) and, equally typically, the prospective buyer is required to pay (sometimes at a later stage) the amount of money as a deposit deposit. The consequence is that sometimes those who are interested in purchasing a property in the belief that they can subscribe modules cheerfully withdraw (no damage) from the potential deal and then realize (painfully) at the time of the refusal to proceed further, it has signed a real preliminary agreement with all the consequences that the Civil Code is descended from such subscription; not least typical of the compulsory stipulare il successivo contratto definitivo. Ma anche nel caso in cui, per ipotesi, si riesca a non addivenire al successivo rogito o contratto definitivo, l'Agenzia immobiliare avrà ottenuto il suo scopo: quello di far sborsare la provvigione al/i soggetto/i obbligato/i.
Per quale motivo l'Agenzia immobiliare è così interessata a che il promittente acquirente arrivi quantomeno a sottoscrivere un contratto preliminare tanto da far "convertire" un modulo contenente una proposta di acquisto nel famigerato "compromesso di vendita" ?
La risposta risiede in un consolidato orientamento giurisprudenziale in base al quale la conclusione di un valido contratto preliminare, se frutto dell'attività svolta dal mediatore, è già di per se idoneo a far sorgere per quest'ultimo l'obbligo di reclamare la provvigione per l'affare; anche se, per ipotesi, non si addivenga al sucessivo contratto definitivo con relativo trasferimento dell'immobile. Tale orientamento è stato ribadito, negli ultimi anni, dalla Cass. n. 22000/07 .
Se, pertanto, l'Art. 1755 Cod. Civ. stabilisce che il mediatore ha diritto alla provvigione solo in caso di conclusione dell'affare, e sempre che l'affare sia concluso " per effetto del suo intervento ", è altresì vero che " per conclusione dell'affare ", sostiene la Corte di Cassazione, " deve intendersi il compimento di un'operazione di natura economica generatrice di un rapporto obbligatorio between the parties, "or rather" of an act under which it has formed a bond that gives a right of action for the fulfillment of the agreements entered into or, failing that, for the damages "(Cass. No 22000/07). It is no doubt that the preliminary contract, the way it is structured and the obligations it generates in the hands of those who subscribes to determine definitely the birth of a " bond" between parties. constraint that, if not maintained, the party who has legitimate basis for appeal to the Judicial Authority. This is enough, therefore, to consider "business" even a preliminary contract, so that the conclusion of a preliminary contract will result to a "deal concluded," with all the necessary consequences for the mediator, who may rely, in respect of the obligations, the right to a commission even if, hypothetically, to not follow the preliminary final contract.
This explains the iron obstinacy with which the Agencies require their customers to the subscription module which, in an almost "painless", will "transform" into preliminary agreements with "painful" consequences for the ill-advised clients.
However, if the signature of one of these modules is liable to cause the consequences referred to above, if you pay attention and to refrain from hastily sign the forms "dished up" by the real estate (Unless, of course, has not firmly decided to buy the property) you can take advantage of a position of considerable strength. Not only the agent will continue to provide its activities directed to reach the transfer of ownership of the property (after all, is still his interest that the deal to happen, even beyond the signing of any form of irrevocable ) but also, it will remain free not to close the deal even if it was proposed by the mediator will be in full accordance with our initial needs. This was recently affirmed by the Court of Bari: " If the party has appointed the Ombudsman does not conclude propostole broker the deal by itself, although this is entirely consistent with the requirements originally advanced, the Ombudsman is not entitled to a commission (Art. 1755 cc) "(Trib Bari No 2757/09).
course, do not signing any contract or any prior form is liable to "transform" in a preliminary. In this case, the mediator, can at best claim, pursuant to Art. 1756 Civil Code., reimbursement of any expenses incurred where documented.
A word of warning: this principle is valid unless it is otherwise agreed the payment of commission , regardless of the conclusion of the deal and due to the simple acquisition, for example, by the broker, had pointed to that offer homogenous.
E 'clear, however, especially in the field of real estate brokerage, the risk of becoming victims of clauses in modules that are rarely fully clear to those who subscribe. Therefore, there is no risk of appearing "concerned" if it is recommended that at the end of this brief excursus no means an exhaustive list, first consult a good lawyer who is able to clarify the content and consequences of the signing of certain " buy orders "to avoid even more painful (in terms of fees) of legal action, when" the damage is done. "
