Unofficial translaction
ARTICLE209-Thebrokermustremainindependentofthe parties. He shall limithis activities to
matching individuals wishing to enter into agreements, and to making arrangements for
facilitating the agreement betweenthem.
He shall not get involved personally in an agreement without the consent of the parties.
ARTICLE 210-The broker shall:
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Provide the parties with all useful information for their free and informed consent;
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Make all necessary arrangements to facilitate the conclusion of acontract.
Thebrokershall be liable for prejudice resultingfrom false statementsif,inorder to bring a party
to enter into a contract, he knowingly presents capabilities and qualities that he does not have.
ARTICLE 211– The broker shall not perform commercial transactions either on his own
account, or directly or indirectly, or under somebody’s name or through a middleman.
ARTICLE 212– The broker shall be paid a percentage of the amount of the transaction.
Incase of a sale brokerage,iftheselleristhe only one engaging the broker, thecommissioncannot be
paid, evenpartially,bythe buyerandit shall be, ifnecessary, deducted from the amount of the
price agreed between the parties and paid for by the seller.
Where the buyer is the only party engaging the broker, he shall pay the commission, in addition
to the amount paid to the seller.
Where both parties engage the broker, the percentage corresponding to the commission due to
the broker shall be set and divided among themselves by mutual agreement with the broker.
ARTICLE 213-Brokers shall be entitled to compensation as soon as the indication they gave or
negotiations they led results in the conclusion of the contract.
When the contract was concluded under a condition precedent, the broker’s compensation shall
be due only after that condition is met.
Where it was agreed that the broker’s expenses would be reimbursed, they shall be due even
when the contract has not been concluded.
ARTICLE 214– Compensation not agreed by the parties shall be set based on the usual rate, if
one exists; absent such rate, the remuneration shall be fixed according to standard practice.
Absent such practice,thebrokershall be entitled to a compensation that takesinto
OHADA / Uniform Act / Unofficial Translations
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