Real Estate Broker Commission Causality Dispute

The dispute concerned a real estate broker's claim for a commission following the sale of a villa under an agreement titled "Verkaufsauftrag," where the commission was stipulated if a sale resulted from the broker's introduction or mediation as per Article 413(1) of the Code of Obligations. The court upheld the lower court's denial of the commission, reasoning that the broker failed to prove that its mediation activities were causally linked to the eventual sale, as the decisive negotiations occurred after the agreement's termination and the final contract terms significantly differed from those discussed during the broker's involvement. Furthermore, the court interpreted other contractual clauses, including a potential post-contract commission entitlement and exclusivity provisions, strictly against the drafting party, finding no clear language establishing an automatic commission entitlement independent of causality or proving any breach that would trigger damages.