ELEMENTS OF THE BROKERAGE AGREEMENT
Again, when Article 520 of the TCC is examined, it will be determined that the elements of this agreement are as follows:
A) A trader and a business owner who are parties to the brokerage agreement
B) Brokerage activity that the broker undertakes in order to establish the main contract
C) The Fee
D) The business owner and the broker mediated by the person have reached an agreement
It has also been fixed in many Supreme Court decisions that these elements are a mandatory element, otherwise the established contract will not apply as a brokerage contract.
The Turkish Code of Obligations is a law that adopts freedom of form in a general sense. The brokerage contract also does not have to be made in writing unless otherwise agreed. However, the Turkish Code of Obligations sets apart “immovable property brokerage” for this form of freedom that it brings to the brokerage contract and stipulates the requirement of ordinary written form. In addition, the real estate brokerage contract must have a signature on both sides, the contract must cover all elements of the brokerage contract.
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