O contrato de corretagem imobiliária e a responsabilidade do corretor de imóveis no negócio jurídico

Abstract

The listing contract appeared in the 2002 Civil Code. However, the profession of real estate broker is much older and has specific legislation, including a code of ethics. The formation of the contract has peculiarities, widely discussed by the doctrine, that end up reflecting the legal business. In addition, there are two manifestations of will, withdrawal and repentance, which affect the commission received by the broker - the commission depends in most cases on a successful transaction. By offering real estate properties, the broker has accountability to the parties. This accountability involves administrative regulations, and criminal and civil laws. The civil accountability can be classified as subjective or objective. After exhaustive research in the courts, we could see the application of the Consumer Protection Code in some relationships. Thus, this work aims to present some peculiarities in the listing contract and analyze the current decisions of the courts. We opted for a division into two chapters. In the first chapter, we sought, initially, to conceptualize and classify the contract to understand its consequences. After, we studied specifically the moment when the contract is agreed. In the second chapter, the focus was the responsibility of the broker, studying the doctrine and jurisprudence to understand the consequences of their acts or omissions.