| dc.description.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. | |
