Broker contract before house viewing

  • Erstellt am 2021-01-28 21:16:07

Wismar1989

2021-01-28 21:16:07
  • #1
Hello everyone,

we are actually looking for a plot of land and want to build ourselves, but now a nice house in a good location has come up that we want to take a look at.

The catch: the agent asked us to sign the agency contract *before* the house viewing. Allegedly, a payment of the commission is only due if we decide firmly on the house. I am still worried that there could be hidden costs. Here is the text verbatim:

"I accept the offer to conclude the agency contract with the prospective buyer. By my declaration of acceptance, the agency contract between me and (FIRMA) comes into existence.

I agree to this and expressly demand that (FIRMA) begin the agency activity before the end of the withdrawal period. I am aware that I will lose my right of withdrawal if (FIRMA) fully performs the contract."

Sign or stay away?
 

Nordlys

2021-01-28 21:23:36
  • #2
The catch is that you are now the sole client and pay the commission alone. The new brokerage law is circumvented this way. It provides for the division of the commission.
 

Wismar1989

2021-01-28 21:32:24
  • #3
So it means I can be asked to pay even if we do not buy the house?
 

WilderSueden

2021-01-28 21:58:55
  • #4
If so, it would have to be stated in the contract. Real estate agents are usually only paid when they actually deliver a house. I have also signed similar cancellation policies countless times. The problem is that you theoretically have a 14-day right of withdrawal. That means if you make an appointment with the agent today (Thursday) for Monday, you could decide on the house and then withdraw from the agent. That is why they include these clauses. Avoiding the splitting of commissions would be another reason; what does it say about the commission there? How much are you supposed to pay if you were to take the house? (And what would be the maximum for the buyer in your federal state?)
 

Wismar1989

2021-01-28 22:05:38
  • #5
I would have to pay 3.57% as the buyer. That is also the highest rate here in MV according to the new real estate agent law.

I find it especially strange because we looked at a house with another agent a few weeks ago and we did not have to sign anything there.
 

nordanney

2021-01-28 22:11:37
  • #6
No catch. Completely normal. That is legally not permissible and cannot be contractually agreed upon. That realtor messed up and if you had bought the house, he would have gotten nothing. The brokerage contract MUST be in writing; an oral agreement is void. Your "new" realtor is doing everything correctly, both in form (contract) and content.
 

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