Broker commission calculation leasehold

Something different: I find this formulation with the slash very ambiguous. Would there be a chance to shift the costs to the client, presumably the seller, if one tried? Assuming no additional contracts or documents were signed that are more explicit.

... I didn’t notice at all...

The seller of the property commissioned the broker with the "sale." That is certain.
Does that mean the seller is legally the "client"?

But we are each "leasehold holders"

So in one sentence the seller has to pay and the buyer.

Yes, so who now? (preferably no one!)

Just for understanding. You are now buying the leasehold right and have an option to purchase the property? Then the option should also not be subject to a commission.

The seller or leasehold grantor is not mentioned at all in your agreement.

And about the negative base interest rate. That would cause the present value to be significantly higher than the actual payments. Today €200k will in 99 years be only €105k (these are just random numbers, not calculated). So it would result in a higher commission.

thanks for the quick info, my brother with the slightly larger plot (338 m²) was informed today by phone of about 38K€

...for both plots, so total, that fits.

@

... I had misunderstood the present value and the calculation. Thanks for the clarification. So I will definitely not mention the negative interest ...

Just for understanding. You are now buying the heritable building right and have an option to purchase the property? Then the option should not be subject to a commission...

definitely the main contract is a "heritable building right contract"


Should it not or must it not?

I suspect we will need legal advice/assistance. The broker sounded pretty clear regarding the costs ONLY for my brother 38K€

But, as said... we will call the broker tomorrow and see what is on the invoice.

zapp

If you only conclude a leasehold agreement and do not buy anything, then commission may only be charged on the leasehold agreement. The purchase option is not on the leasehold, but on the underlying property. This is not mentioned at all in the commission agreement.

The resolution is still missing here...

We actually had to argue with the broker. The demands were not as high as mentioned but still unreasonable (and neither clearly substantiated by the amount nor whether a contract had been legally concluded at all). I (and others involved) thought, without being able to prove it exactly, that there were agreements between some parties. Our lawyer then advised us in a joint meeting to reach an out-of-court settlement (which would most likely have resulted in a compromise and thus would have cost us quite a bit). The broker got really upset after I made it clear that I could not reconcile the value of his work with the amount demanded and also questioned his qualifications :p. I simply stood up and said, up to here and no further, he could then bring the matter to court. But he probably also realized that it would more likely end in a settlement and he would ultimately get less. So it ended relatively smoothly for us (8k per property).