False information about the property in the exposé

  • Erstellt am 2016-09-12 17:39:32

Bieber0815

2016-09-13 21:35:02
  • #1
The engagement of A to B has nothing to do with the brokerage agreement between B and C.
 

DG

2016-09-13 23:55:07
  • #2
Attention, layman’s opinion, no legal advice!



Ok, then let it come to that. The fiancée signed something with the broker, which, as far as I understand, was a declaration of intent - that is not exactly trivial. Now the deal is falling through because the fiancée (allegedly) does not (alone) have the corresponding funds or was not authorized to sign on behalf of the financier to purchase the property.

And then we get a law student from the first semester to dissect it. It takes 5 minutes and the broker won’t be able to sleep from laughing, because he will very likely receive compensation from the failed deal (lost turnover/profit) (of course only from the fiancée who signed the contract) and can sell/offer the property again.

I mean ... if you can sell a thing twice ... who would be at a disadvantage? The broker?

Even at the risk of repeating myself: just the energy spent here trying to pin an error on the broker in order to get out of the matter strengthens my suspicion that the broker acted completely correctly and also provided information.

Best regards
Dirk Grafe
 

Bieber0815

2016-09-14 06:59:53
  • #3
The broker's commission claim against the fiancée should only arise if the sale of the property takes place. If the seller refuses to sell to the fiancée, no commission claim should arise either. (Warning, layman's opinion, in your place I certainly would not pay voluntarily). Furthermore, the seller can sell freely (according to the descriptions, the broker does not have an exclusive contract with the seller), so also to the questioner [not to the fiancée].

What remains open is at most whether the questioner (possibly through implied conduct) himself has a brokerage contract with the broker.

How high is the commission in euros?
 

lastdrop

2016-09-14 08:16:36
  • #4
I assume that confidentiality was also agreed upon in the brokerage contract, i.e. the fiancée is not allowed to tell third parties about the property for sale, otherwise she would be liable for damages.

Otherwise, it would be a bit too easy and no one would pay commission anymore, since someone else always buys than the one who signed, right?
 

HilfeHilfe

2016-09-14 08:33:01
  • #5
exciting topic
 

Bieber0815

2016-09-14 08:59:15
  • #6
I don't believe that (last part); anyway, the seller himself advertised (Ebay Classifieds, see #1). It’s logical that a sale without a broker is possible at any time. And Ebay Classifieds is AFAIK free of charge.

First-semester law students might also be interested in whether our questioner saw the Ebay classified ad first or the broker's exposé first.
 

Similar topics
17.04.2016Value of land and bungalow B5511
08.11.2010Offer for a semi-detached house with land, okay?11
07.07.2011Financing land now, house in 6 months?17
14.08.2012Build a home? Land in prospect19
25.03.2012Land now - house construction next year23
31.05.2012Financing of the property: Does the entire financing need to be secured?11
04.09.2012Land paid - Building with an additional loan?16
02.09.2013Angular bungalow on 800m² plot - financially feasible?16
09.02.2013What do you think of this property?11
28.05.2013I am getting a plot of land as a gift. How do I finance the construction?16
03.06.2013Buying land from father - building a house yes or no?11
01.08.2013Is the property right for us?15
22.08.2013Buying land for a house, please advise!46
05.02.2014Costs/planning land, additional construction costs, turnkey, etc.27
22.08.2013Plot - Decision?14
28.08.2013Separate land and generate building land? Where to inquire?14
14.11.2013Our floor plan of 120 sqm on a 469 sqm plot73
29.10.2013Property reserved, construction financing plan, architect/building permit application21
29.01.2021Broker contract before house viewing12
25.11.2021Brokerage Contract Agricultural Land18

Oben