Expertise area
REAL ESTATE AGENCY LAW
Are you a customer of a broker and dissatisfied with the service or the brokerage contract?
I know the way to win:
– Defense against unauthorized brokerage fees. (Principle of halving according to § 656c BGB, text form according to § 656a BGB, double action contrary to good faith, prior knowledge? Self-dealing of the seller?
– Cancellation joker of the brokerage contract: Brokerage clause in the notarial purchase contract effective?, Reservation clause effective? Commission independent of success effective? Error in the wrong expose m² information, wrong year of construction, converted attic without building permit?”, Is an old building with a separate apartment a 1-family house or a 2-family house? – a written brokerage contract is not required for a 2-family house
– Termination / termination / revocation of the brokerage contract: cancellation policy for internet advertisements or off-premises contract ineffective?
– Broker’s commission already paid?: We ensure a refund within the limitation period according to § 812 paragraph 1 sentence 1 BGB
– Liability of the broker: for tax consequences?-speculation tax?
Examples of an effective strategy to defend against unauthorized brokerage commissions
Examples of an effective strategy to defend against un-
authorized brokerage commis-
sions
1
Does a brokerage fee have to be paid by the buyer in any case, even though the seller has engaged the broker?
No: in the event of an incorrect cancellation policy, you have a right of cancellation of 1 year and 14 days. A prerequisite for a right of withdrawal is that the contractual contact has taken place online or outside the offices of the broker. A cancellation policy is incorrect if it expressly does not distinguish between the brokerage contract and the purchase contract, see OLG Düsseldorf, judgment of March 27, 2020, Az.: I-7 U 43/19; OLG Naumburg, judgment of June 1st, 2018-7 U 13/18
2
Does a brokerage fee have to be paid by the buyer even though the buyer already knows the property and has already conducted purchase negotiations with the seller?
No: the prior knowledge objection applies to the so-called proof broker. As a rule, the buyer does not have to indicate his previous knowledge!
3
Does the seller have to refer his own prospects to the agent?
No: a call-in clause and the ban on personal business in the standardized brokerage contract are ineffective!
- 1
Does a brokerage fee have to be paid by the buyer in any case, even though the seller has engaged the broker?
No: in the event of an incorrect cancellation policy, you have a right of cancellation of 1 year and 14 days. A prerequisite for a right of withdrawal is that the contractual contact has taken place online or outside the offices of the broker. A cancellation policy is incorrect if it expressly does not distinguish between the brokerage contract and the purchase contract, see OLG Düsseldorf, judgment of March 27, 2020, Az.: I-7 U 43/19; OLG Naumburg, judgment of June 1st, 2018-7 U 13/18
- 2
Does a brokerage fee have to be paid by the buyer even though the buyer already knows the property and has already conducted purchase negotiations with the seller?
No: the prior knowledge objection applies to the so-called proof broker. As a rule, the buyer does not have to indicate his previous knowledge!
- 3
Does the seller have to refer his own prospects to the agent?
No: a call-in clause and the ban on personal business in the standardized brokerage contract are ineffective!
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