Tacit order placement of real estate agent

An implied order placement is to be assumed if the interested party tolerates the activity of the commercial real estate agent or makes use of it profitably. If the real estate agent is already recognizably acting for a client, such as the seller of the property, a tacit order is only to be assumed if the broker clearly indicates that he also expects to receive a commission from the negotiating partner for his services. The reference to the commission expectation is sufficient. [OGH 26.06.2018, 10 Ob 46/18i]