With a brokerage agreement, the broker undertakes either to provide his client with a concrete opportunity to conclude a contract with an interested party, e.g.
• by providing the contact detail of an interested party to the client (so-called “introducing brokerage”); or
• by establishing a direct contact between the client and an interested party (“conveyance brokerage”); or
• by actively promoting negotiations between the client and an interested party (“so-called intermediary brokerage”).
In contrast to the agency agreement, where the agent takes over the continuous negotiation of business transaction for the client, the broker only carries out his activity for the client in certain specific matters.
The broker is entitled to a fee, if the contract between his client and an interested party has been concluded as a result of his agency, conveyance or introduction. The fee is therefore subject to the successful conclusion of the contract. Whether the contract is ultimately fulfilled is irrelevant. This means that simply the conclusion of a contract between the client and an interested party entitles the broker to claim his commission.
The brokerage agreement is governed by Art. 412 et seq. of the Swiss Code of Obligations (OR).