Again, when Article 520 of the CPC is examined, it will be determined that the elements of this agreement are as follows:
A) Simsar and the business owner who are the parties to the simsar agreement
B) Brokerage activity undertaken by the broker in order to establish the main contract
C) The fee
D) No one mediated by the business owner and broker has reached an agreement
It is also fixed in many Supreme Court decisions that these elements are mandatory elements, otherwise the established contract will not express a provision as a simsarık contract.
The Turkish Code of Obligations is a law that adopts the freedom of form in the general sense. The consultancy contract is also not required to be made in writing unless otherwise agreed. However, the Turkish Code of Obligations keeps “immovable property”separate from this form of freedom that it brings to the simsarlik agreement and stipulates the requirement of a common written form. In addition, the real estate contract must have a signature on both sides, the contract must cover all elements of the real estate contract
