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It is necessary to know how the Supreme Court Practice is in resolving disputes between real estate agents and their customers, which is a common view that they make money without doing much.


The concept of brokerage is expressed as "People - real estate brokerage", "In practice - real estate brokerage / brokerage" and "In law - real estate brokerage".


The brokerage contract is defined in Article 520 of the Turkish Code of Obligations No. 6098, “The brokerage contract is the contract in which the broker undertakes to prepare or mediate the possibility of establishing a contract between the parties and is entitled to a fee in case this contract is concluded.” It is defined in the form of and is regulated in the most general way with the following provisions.


In these provisions, the execution of the intermediary activity as a profession is not sought. For this reason, the person who mediates on an incidental (non-permanent, temporary) basis is also subject to the provisions of the TCO on brokerage. However, special provisions have been introduced in the TCO to be applied to some types of brokerage contracts.


In short, the brokerage activity carried out for the purpose of establishing a real or personal right (sale, lease, etc.) on an immovable is called real estate brokerage. The real estate broker is also the person who is assigned with a written contract to prepare the possibility of establishing a real or personal right on an immovable in return for a fee or to mediate the establishment of this contract. In this case, the issue of being in writing is of great importance in terms of real estate brokerage. Because, in article 520/3 of the Turkish Code of Obligations, the provision that the contract regarding the real estate brokerage is not valid unless it is made in writing is valid.


In short; The brokerage contract is not subject to any form. However, as stated above, a written contract for real estate brokerage is a condition for the contract to be valid. In this context, the sale of the immovable, the lease, the promises of purchase and sale, the borrowing of the immovable in return, the construction in return for the land, the barter of the immovable, the establishment of the servitude, sukna, irrigation, right-of-way contracts on the immovable, the establishment of the commercial company in which the immovable is placed as capital, the mortgage on the immovable. In case of intermediation in contracts that cause debt related to goods such as establishment, purchase, repurchase, pre-purchase, the brokerage (brokerage) contract must be made in writing.


Hunting. Hasan DOGANAY

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