Broker commission with financing contingency

  • Erstellt am 2019-05-16 09:48:23

Gausek

2019-05-16 10:27:40
  • #1
No, no serious concerns. Creditworthiness is there. But of course, a false Schufa entry could lead to rejection. Or something else unforeseen. It would be a pity if a medium five-figure amount went up in smoke.
 

Zaba12

2019-05-16 10:36:39
  • #2

There is your answer. Have you already received the invoice from the broker? Because he will not wait until your financing is approved. The financing is not his problem.

You just chose the wrong sequence. But you yourself write that your financing will not be a problem.

Otherwise, only the broker's goodwill helps (and he would be pretty stupid to show goodwill) or a loss payment.
 

Gausek

2019-05-16 10:44:25
  • #3
Does anyone really have expertise in these topics and can legally justify their answer? Please no gut feelings. Thank you.
 

HilfeHilfe

2019-05-16 10:54:30
  • #4
What are you actually asking now?! Contact a lawyer and not a free forum. Then you won't get any gut feelings.
 

nordanney

2019-05-16 10:57:45
  • #5
Legal layman's answer from a real estate banker (studying law was so long ago): You have concluded a legally binding purchase contract, which is the basis for the earned broker commission. The right of withdrawal is a terminating condition that, according to your information, does not change the fact that the broker has earned his commission (at least it seems there is no corresponding clause in the purchase contract). It would have been different if the bank's financing commitment had been a suspensive condition. In other words, the purchase contract would have been pending until you obtained the financing. Then the broker would not yet have had a claim to commission.
 

Gausek

2019-05-16 11:00:56
  • #6
I am contacting a forum to get professional advice. If I want to spend a few hundred euros on a lawyer, then I will do that. That does not mean that everyone has to feel invited to contribute any opinion, a gut feeling, the weather, general thoughts, or anything else that does not help clarify the matter.

If someone has nothing relevant or substantial to say about the topic, they can simply read the topic without feeling the need to comment. That's how I usually do it. No offense meant, I just wonder who that is supposed to benefit in the end when hardly anything relevant to the topic is brought up?
 

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