(1) A person who promises a brokerage fee for a demonstrable referral of the opportunity to conclude a contract or for brokering a contract is obliged to pay the fee only if the contract comes into existence as a result of the demonstrable referral or as a result of the brokerage by the agent. If the contract is concluded subject to a condition precedent, the brokerage fee may only be demanded if the condition is fulfilled.
(2) The broker is only to be reimbursed for expenses if this has been agreed. This also applies even if the contract does not come into existence.