False information about the property in the exposé

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?

The problem is that then afterwards it has to be transferred from "someone else" to the actual interested party (real estate transfer tax, gift tax, notary fees, land registry fees and all the hassle, possibly even with financing). That is probably one reason why this is not so widespread in practice.

: The two of them looked at the property with the real estate agent. It will be difficult to argue that they were there only because of the classified ad...

I would also be cautious before "Erstsemstern"...

Transfers within the family are possible without real estate transfer tax, and the exemption amount for gifts is high. And the notary costs and fees should be lower than the realtor commission.

A case where legal advice might be worth it.

Hello

I think the real estate agent tricked here. He goes through the Ebay classifieds and calls the advertiser to ask if he may offer the property free of charge. The advertiser says ok. Whoever sells first, sells. Legally okay, but not entirely clean.
Now the agent offers the property to an interested party. The fiancé signs the agent contract. The two look at the property.
The fiancé, who did not sign an agent contract, learns that the seller also sells himself since he has no exclusive contract with the agent. Well, the fiancée does not buy the property. The fiancé, who did not sign an agent contract, buys the property directly from the seller.
Legally okay, morally questionable. The agent just had bad luck. Certainly does not happen too rarely.
But combing through Ebay is morally not entirely clean either.

Steven

I also find the behavior of some brokers very questionable and wonder why the ordering principle only applies to rentals and not to purchases?

But as I understand it, the main task of a broker is to make a (potential) interested party aware of the property [B]. Even if you apparently know the seller personally, it seems you would not have become aware of the property without the broker, so he has "actually" done his job and is entitled to the commission.

If it later turns out that he does not have an "exclusive contract" (or whatever the technical term is), trying to circumvent his work is also very low, since you would not have become aware of the property without him.

I also had problems at first understanding what "fully developed" means, but since I do not know the exact wording from the conversation and this will probably never be clarified, it is hard to say whether he said something wrong or not.

I also cannot imagine that it is that easy to "have the partner just buy the property," but I am not a lawyer.

I find the behavior that some come up with to circumvent the broker contract impossible.
Again: the seller has no contract with the broker, yet the fiancée has one with the broker, period.
Now, the fiancé cannot act without the fiancée or the broker...!
The engagement is a legal contract, so "the couple counts"!
When searching for a house or property, please inform yourself about the possibilities and their costs beforehand, and do not later make the intermediary the trickster or bad businessman. Ultimately, the seller could have refrained from granting permission for mediation from the start. But he did not.
The fiancée could also have saved her signature, but she did not.

The two of them looked at the property with the realtor. It will be difficult to argue that they were there because of the classified ad ...

That is known, I also hinted that the questioner might possibly owe the realtor the commission himself (implicitly) if he buys. Completely independent of the fiancée.

The engagement is a legal contract, so "the couple applies"!

Yes, but there is certainly no exclusive power of representation. If my wife buys a used car, then I certainly do not owe the purchase price and we do not owe it together either! The outcome here may be the same (our questioner owes the commission because he was also with the realtor), but that is definitely not due to the engagement.

If you go house or property hunting, please inform yourself about the possibilities and their costs beforehand

Agreed!