Again, upon examining Article 520 of the Code of Civil Procedure, the elements of this contract are determined as follows:
A) The broker and the business owner, who are the parties to the brokerage contract
B) The brokerage activities conducted by the broker for the purpose of concluding the principal contract
C) The fee
D) The fact that no agreement has been reached between the business owner and the broker through mediation.
Furthermore, numerous Supreme Court decisions have stated that these elements are mandatory; otherwise, the contract formed cannot be classified as a brokerage contract.
The Turkish Code of Obligations is a law that generally adopts the principle of freedom of form. A consultancy contract is not required to be in writing unless otherwise agreed. However, the Turkish Code of Obligations excludes “real property” from the freedom of form it grants to brokerage contracts, imposing a common written form requirement. Furthermore, a real estate contract must bear the signatures of both parties and must encompass all the elements of a real estate contract.