Facts
The dispute opposes X. to company Y. SA. X. has appealed a decision of the cantonal court that rejected his request to reduce the brokerage commission of 122,664 Swiss francs paid to Y. SA. The commission represented 3% of the sale price of 3,800,000 Swiss francs for a property.Considerations
According to Art. 417 CO, an excessive broker's salary can be equitably reduced by the judge at the request of the debtor. To determine whether the commission is excessive, the judge must take into account all the circumstances of the case, in particular the usual rate in the region. As a general rule, a commission corresponding to a percentage of the sale price is not considered excessive, unless it significantly exceeds the usual rates.
In the present case, the Federal Tribunal considers that the 3% commission applied to a sale price of 3,800,000 Swiss francs is not excessive in view of the…