Question juridique clé
Whether the brokerage company had a right to commission under the brokerage contract and Art. 413 CO.
Solution extraite
No commission was due because the broker’s activity was not causally connected, even remotely, with the eventual sale concluded after definitive break-off of the negotiations it had initiated.
Motifs extraits
A broker must show that its efforts led to the contract being concluded. Here, the buyers withdrew their offer after criticizing the broker’s incomplete information, and later negotiations conducted by another broker led to the sale on new bases.