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The broker, which is one of the independent merchant assistants, is divided into buying-selling brokerage, transportation brokerage and customs brokerage according to the law they are regulated. Purchasing and selling brokerage according to article 532 of the Turkish Code of Obligations: ” The contract in which the broker undertakes the purchase or sale of valuable papers and movables in return for a fee, on his behalf and for the account of the proxy.”

As a rule, since the provisions of the proxy relationship are applied, in cases where there is a gap in the law or the contract, the provisions of the proxy relationship should be acted upon. When we apply the provisions of the power of attorney by analogy, the conclusion of the contract is not dependent on any form condition, it can be verbal or written.

The debts of the broker under the contract are as follows;

  • The employer should be informed about the work and transactions carried out, act in accordance with the instructions given by the employer and when the given instruction is fulfilled, information should be given immediately.
  • In line with the instructions given by the employer, the subject matter of the contract can be insured.
  • He should protect the goods sent to him for sale within the scope of his duty of care, if it is defective, he should do the necessary and determine the damage, and immediately inform the business owner about these transactions. In addition, in case of the existence of a perishable item in a short time, the employer is obliged to sell the item, provided that he immediately informs the owner.
  • The broker cannot sell the goods on credit or pay the price without receiving the goods without the consent of the employer. The broker who acts contrary to this will be liable for any damages that may occur. The existence of such a situation can only exist in cases where the goods are sold on credit according to the customs in the place of sale and the employer does not expressly prohibit this situation.
  • The broker cannot be held responsible for non-payment of the debt, unless it has given an express guarantee regarding the debtor with whom it has transacted, or if commercial practices do not require it.
  • The broker who sells goods below the price determined by the business owner is obliged to make up for the difference between the determined price and the sales price, unless he proves that the business owner would suffer more damage if he did not sell the goods and the situation is not suitable for giving instructions. Apart from this, the broker, if he has a fault, is also responsible for other damages incurred by the business owner due to his violation of his instructions.
  • The broker who buys goods below or sell above the price determined by the business owner cannot withhold the difference arising from these transactions.
  • In case of violation of the honesty rule against the employer, he loses his right to be paid.


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