The Supreme Court, with decision filed on 02.21.2017, ruled about the responsibility, under article 1759 Civil Code, of the professional mediator, in this case instructed to conclude the sale of a property, limiting it to "cases in which the mediator has concealed information and circumstances of which he was aware, or has willingly reported inconsistent circumstances, or even where, although expressly instructed to carry out a specific audit by one of the commissioners, did not complete or erroneously fulfilled the specific assignment".

The Court considered unfounded the pleas of Tizio, based on the right to commission and the information obligations of the mediator: as to the first point, a deal shall be deemed closed, even when it led to the signing of a preliminary contract, albeit consensually resolved by parts right after, as it was found that the building was devoid of the certificate of habitability. Under the second aspect, the Ermellini pointed out how the broker cannot be obliged to carry out such a technical investigation automatically and by the sole effects of being bound by a mandate.