Brokerage: right to commission

Brokerage: even the atypical broker must register to the register of brokers in order to be entitled to commission if the subject of the deal is properties or companies and in any case if the brokerage activity is performed professionally and not occasionally.

The Combined Sections, with ruling dated 2 August 2017, no. 1916, established that in relation to atypical real estate brokerage, which differs from typical brokerage as the broker is not a third party, but is instructed by one of the parties to identify a person interested in entering into the deal, the right to commission is due, as for typical brokerage, only if the broker is registered on specific registers. If the subject of the deal is, on the other hand, movable property, the right to commission can similarly arise, even in the absence of registration, only if the brokerage activity is performed occasionally and not professionally.