Broker fee - how exactly does it work?

  • Erstellt am 2022-09-10 15:30:03

Pascali

2022-09-10 15:30:03
  • #1
Hello. How does it work with the broker's commission? I am not personally affected, but I have wondered about it several times. Maybe someone here knows about it.

Best explained with an example:

Person A rents an apartment from Person B and soon wants to stop renting it.

Person C knows about this and brokers the apartment to Person D. Person C goes to the apartment for this purpose and looks at it with Person D to see if he likes it.

Person C charges a broker's fee for this.

Can't Person C simply be bypassed and Person B be contacted directly to save the broker's fee? That, of course, would not be okay. But how can Person C protect themselves from this?
 

SaniererNRW123

2022-09-10 15:41:15
  • #2
Has C concluded a contract with B? Has C concluded a contract with D? Is C a proof broker or an intermediary broker? There are still many questions. You probably mean D, because D wants to rent. Of course he can bypass. But if he was first offered the apartment by C as a broker, then C simply goes to court and D will have to pay the commission. D cannot get out of this. By complying with the law. Because a brokerage contract must be in writing. Without paper including a cancellation policy, there is no brokerage contract. And thus no commission. That’s why all the questions above.
 

ypg

2022-09-10 19:40:31
  • #3
Person C would consequently have to represent a company, i.e., a broker, therefore called Company C. Company C needs permission from Person B to become active at all. If Person B tells Company C to proceed… then Company C must also be compensated, essentially with the commission. If Person B searches by themselves and finds Person D, then the commission can be avoided.
 

SaniererNRW123

2022-09-10 20:38:58
  • #4
Sorry, but that is unfortunately wrong. Only if you do it as a business. Acting as a private person "brokerage" once requires no permission. The proper broker needs a 34c permit according to GewO.
 

ypg

2022-09-10 21:32:26
  • #5
Of course, as a private individual, I can broker anything I like or dislike. But let's not overstrain the question here. The OP's question refers to commission ... and that is what I answer.
 

SaniererNRW123

2022-09-11 00:22:51
  • #6
Then please answer correctly. Because what you write is basically total ignorance and a lot of assumptions or gut feeling. Right ;) ? Briefly summarized for the OP. Regardless of whether private individual or broker: First of all, when renting, you have to know that the ordering principle applies - whoever orders, pays. If tenants and landlords order the same broker, the landlord pays. Otherwise, no one. In addition, you need to know that a contract must be concluded in writing including the cancellation policy when renting. Thus, the following constellations are conceivable: B has a contract with C to find D ==> B would be the sole commission payer D offers C to find B ==> contract between D and C must be concluded, C would be sole commission payer when renting through D D offers C to find B ==> contract between D and C is concluded, B is introduced by D as landlord, B wants to circumvent D and simply concludes the lease without informing D ==> D has nevertheless earned his commission and can sue for it (or we will then also get it) ==> applies of course only if D finds out D offers C to find B ==> NO contract is concluded, C does not have to pay commission either P.S. I myself have the 34c permit.
 

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