I had already reported elsewhere about the consequences of withdrawal from the contract for the commission. In this connection an interesting decision of the OLG Schleswig ( Oberlandesgericht Schleswig, Judgement of 11.9.2009, Az: 14 U 33/09) :
The contract parties had agreed to a contractual right of withdrawal, which the contract was initially in the balance. In this case, the commission is of the agent is created only when it is clear that the right of withdrawal can not be exercised. The same applies if the purchase agreement under a condition precedent is closed. Such as when the contract is to come only after obtaining a building permit about. If the condition is an effective contract and the commission is earned.
www.ruge-mydlak.eu
0 comments:
Post a Comment