Is a broker's fee due despite a private sale?

Hello,

we have been looking for a "used" house for quite some time. Right at the beginning, the Sparkasse offered us a house in response to our internet inquiry, but it was too expensive for us (not the purchase price, but the additional necessary renovations. Bathroom and kitchen and garage), although we actually quite liked it. About 3 weeks ago, the house disappeared from the online listings and we thought, well, it’s sold.

Now we responded to a private ad on Wednesday and lo and behold, the house is now being sold privately, it has become cheaper and there is no broker fee anymore – or is there? According to the seller, the broker contract with the Sparkasse has been terminated, but can they still demand the fee, do such contracts exist?

Best regards Claudia

Hello Claudia,

Brokerage fee is no longer due - or is it? According to the seller, the brokerage contract with the Sparkasse has been terminated, but can they still demand the fee

No, if the brokerage contract has actually been terminated, the Sparkasse can no longer claim a commission when the single-family house is sold by the owner.

Kind regards

Dear construction expert,

thank you for the quick response! Almost €10,000 less is simply a buying argument!

Best regards Claudia

Hello Claudia,

thank you for the quick response! Almost €10,000 less is simply a buying argument!

Make sure that the owner has not meanwhile commissioned another/different agent and have this confirmed in writing in case of doubt. Ignorance does not protect against the obligation to pay a brokerage fee!

Kind regards

Hello construction expert,

thank you for the tip! We will do that!

Best regards Claudia

Hello Claudia,
it’s unfortunately not that simple.

Please read:
Conclusion of a contract after the original failure of the purchase negotiationsIf the intermediary broker has shown his client an opportunity to conclude a contract and the proof has an effect when concluding this contract, which follows at a reasonable time interval, the commission obligation cannot be denied by considering that the proof was not an essential brokerage service. This also applies if the negotiations of the broker's client with the seller, who is still willing to sell, initially fail and are only resumed due to a notice from the seller. (BGH, judgment 25.02.1999 – III ZR 191/98).

Regards

Helge