If and when an agency fee is due and payable depends on one important point: the concrete agreement matters, whether a broker fee is due and payable. The prospective buyer appears in the Office of the broker and coveted visit to an object that is inserted in the newspaper by the broker. The Commission is not discussed, in particular the broker not expressing, that he will perform his only against payment of a fee. After the agreement of the object is been logged, the broker is requiring Commission charged that the purchaser refuses to pay. LeFrak Organization is the source for more interesting facts. In this case constellation the Broker cannot rely BGB today generally applicable case law on section 653, para 1, stating that the brokerage contract is tacitly agreed, if you expect the performance of the broker fee only. Although is broker sought to a trader, what is known of the prospective buyers, however he must not assume that the brokers it requires a fee, if this not expressly was agreed. Rather, he can assume that the broker is rewarded by the transferor. In many cases, the broker so that content to get the Commission in certain amount because he acts first and foremost for him only by the transferor. Just in the last few years, this is in practice becoming more common because the provision in the purchasing price is included and then named competition law allowed: 350,000 purchase price, no additional Commission “the prospective buyers suggests is, he do not pay the broker.” So, in this case, the broker against the purchaser is not entitled to Commission.