Hello Aker, I personally disagree with the vote, and considering that the union was also asked, such a vote was issued and sent for the information of the loved ones.
Abstract:
The brokerage fee is awarded to the real estate transaction company after the official transfer document is drawn up, and the mere writing of the contract does not entitle the company to receive it.
Documentation:
Article 348 of the Commercial Law
Final vote date:
07/14/2013
Final vote number: 9209970220700521
primary vote
Regarding the lawsuit of Mr. M.T. 2- P. Both K. With the representation of Mr. 1-M. M. 2- N. A. On behalf of the company A. 2- A.G. With the representation of Mr. B.M. 3- c. A. Son of A. 4-S.J. Son of A. With Mr. M.M.’s attorney’s request, to demand money in the amount of one billion, four hundred and sixty million Rials, equivalent to one hundred and forty-six million Tomans, for brokerage fees, including all litigation damages, including attorneys’ fees, litigation costs, and delay damages, according to the contents of the case and the documents presented by the plaintiffs. And the general opinion of the defenses of the parties to the claim of the petitioner is not proven because the transaction contract for the disputed property was drawn up on 9/8/89 at the petitioner’s company and subsequently on 9/27/89 at Venus’ residence, that is, it was canceled after a twenty-day interval, so the time company can claim the brokerage fee, which is considered a completed transaction, regardless of the fact that the response received from the real estate consultant in Tehran indicates that the claimants are entitled, but according to the brokerage fee law, it is established when the transaction is terminated, that is, an official document has been drawn up between the parties, and it is only the preparation of the contract or document Normal is not enough. In fact, the company has not done anything and the inquiry of the real estate consultant is also contrary to the legal regulations and has no evidentiary value in the court. Therefore, the court considers the claim to be unproven and based on Article 197 of the Civil Code and Article 348 of the Commercial Law, the verdict is issued in person. considered and can be challenged in the appeals court of Tehran province within twenty days from the date of notification.
Head of Branch 47 of Tehran General Court
Judgment of the Court of Appeal
Regarding the appeal of Mr. 1- M.T. 2- P. On behalf of 1-Company A. and Mr. 2-A.G. 3- J.A. 4- S.J. Regarding the decree number 1110 dated 10/6/1390 issued by the 47th branch of the Tehran General Court of Law, according to which and the resolution of the ambiguity, dated 6/25/1392, the ruling to reject the claim for the amount of one billion four hundred and sixty million rials and the claimed damages issued does not comply with the grounds of the appeal listed in Article 348 of the Civil Procedure Law, and the said petition, according to the contents of the case and compliance with the regulations and principles and rules of proceedings and legal standards issued at this stage of the proceedings, a new reason that requires the violation of the said petition It has not been done because the appellants stated the basis and purpose of their entitlement in the demand to act as a broker for the parties to the regular affidavit dated 9/8/1389 in the sale of real estate with registration plates 44 and 2343/3104, Sector 11, Tehran, while the said transaction was on 9/27/1389 It has been annulled and invalidated that the trial court, by applying Article 348 of the Commercial Law and the prevailing judicial procedure, has ruled with a valid argument to explain that the completion of the transaction in the case of real estate was subject to the official transfer to the buyers, which has not been fulfilled, and based on this, the elements and conditions of the lawsuit The proposal is not available, therefore, the court rejects the objection filed in the appeal petition and approves the request according to Article 358 of the Marqom Law, and the issued decision is final.
Head of the 7th Branch of the Court of Appeals of Tehran Province – Counselor of the Court/Judiciary Research Institute