Facts
The dispute concerns the amount of the commission owed to a real estate broker who acted on behalf of both parties in the sale of a property. After a remand from the FSCA, the High Court of the Canton of Lucerne partially granted the request to reduce the commission. The FSCA subsequently partially upheld the plaintiff's appeal, reducing the amount of the commission finally awarded.Considerations
The FSCA considers that when it remanded the case to the previous jurisdiction, it indicated that the latter should be based on the usual local rates to determine the appropriate amount of the commission, without excluding the possibility that these rates could be exceeded or reduced if they proved inappropriate. In the present case, the High Court found that the defendant had not incurred any particular expenses. The FSCA therefore considers that the lowest rate of the fee schedule, i.e. 2.5%, must be considered appropriate. However, it rejects the 0.5% increase applied by the High Court due to the additional work related to the fact that the broker acted for…