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broker's commission, even without broker agreement?

Observant readers of my blog posts regarding broker real is my constant motto to the emergence of the remuneration of the agent have failed to notice: In order to pay the commission is obliged to those who to demonstrate the opportunity to conclude a contract or for the mediation a contract promises to pay a broker when the contract as a result of certification or as a result of the mediation of the broker concluded.

Thus the four conditions for the emergence of the commission claim referred to, namely

• conclusion of a brokerage contract,
• proving or mediation of the broker,
• conclusion of an effective main contract,
• causality of the brokerage.

Today I want to show briefly that claims can arise even in the absence of the broker of a brokerage contract. As a possible cause of action is § 354 HGB considered (str. aA Staudinger / Reuter, BGB, § 652, para. 62). The condition is that the broker is a salesperson, who legally empowered to act for the buyers. It must have the potential to be seen that the broker provide its services just for him and of course has led the work to success. If the power brokers have been previously rejected for this business already, usually formed of course, no claim (BGH, NJW-RR 05,1572). Are also possible claims from gestio (§ § 677 ff BGB) or unjust enrichment (§ § 812 , 818 II BGB), the latter is entirely in dispute (see BGH, AA0). But here again, provided that it is the view of the potential for a performance of the agent in these acts and could expect the broker to compensation. On the latter failed to claim for unjust enrichment, if the broker commission anbeitet an object without prior request (BGH, WM 1985.1234).