ELEMENTS OF A Brokerage Contract
When the TCO article 520 is examined, it will be determined that the elements of this contract are as follows:
A) The broker and the employer, who are the parties to the brokerage contract
B) The brokerage activity of the broker for the establishment of the main contract
C) Fee
D) The fact that the business owner and the person mediated by the broker have come to an agreement
It has also been fixed in many Supreme Court decisions that these elements are a mandatory element, and otherwise the established contract would not be considered a brokerage contract.
The Turkish Code of Obligations is a law in which freedom of form is adopted in general terms. The brokerage agreement does not have to be made in writing, unless otherwise agreed. However, the Turkish Code of Obligations separates “real estate brokerage” from this freedom of form brought into the brokerage contract and stipulates the condition of ordinary written form. In addition, the real estate brokerage agreement must be signed by both parties, and the agreement should cover all the elements of the brokerage agreement.