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

Hello Claudia,

No, if the broker contract has indeed been terminated, the Sparkasse can no longer demand a commission from the owner upon the sale of the single-family house.

Conclusion of a contract after the original failure of purchase negotiationsIf the procuring broker has shown his client an opportunity to conclude a contract and this proof results in the conclusion of this contract within a reasonable period of time thereafter, the obligation to pay commission cannot be denied on the grounds that the proof was not an essential brokerage service. This also applies if the negotiations between the broker's client and the seller, who remains willing to sell, initially fail and are only resumed due to an advertisement made by the seller. (BGH, ruling of 25.02.1999 – III ZR 191/98).

Oops,

that is exactly the official bureaucratic language that I don't quite understand!

Quote: If the broker proves to his client an opportunity to conclude a contract and the proof is effective upon the conclusion of this contract, which follows within a reasonable period of time ...

What does that mean? This proof (I'm not quite sure what that is) consisted of us having the documents about the house sent to us and then, based on the description, not taking any further action (at that time still too expensive, also due to the broker’s fee). We neither viewed the house, nor called again (the broker also did not make any further contact) nor did anything else to indicate an intention to buy. In the documents, which I disposed of a long time ago, as far as I know, neither address, nor name, nor a phone number of the seller was included (actually, this information is usually not in any exposé). We also did not conduct any purchase negotiations.

The first viewing came about solely through the advertisement.

Now I am quite unsettled.

Thanks for the hints Claudia

Hello Claudia,

I just wanted to show you that it’s not that simple. Legal advice only from a lawyer.

But I can tell you, if the agent has become active and a seller or buyer has somehow come together through his activities, it can happen that he has a claim to a commission.

Now don’t panic right away, just plan it into the financing. (variables Darlehen) You can usually pay it back monthly if things go badly.

On the other hand, if the agent has done his job?????

Well, let’s also be fair.

Best regards

Helge

Hello Claudia,

Quote: Has the proof broker shown his client an opportunity to conclude a contract and does the proof affect the conclusion of this contract, which follows within a reasonable time... What does that mean?

Simply translated: if a broker sends you documents about a property and you buy it within a period of 4-6 weeks after the expiry of his obligation under the same conditions

The first viewing was arranged solely through the advertisement.

What is important - as I have already written in the earlier answer - is whether, in parallel to the private advertisement, there was also an assignment of one or more brokers. If the parameters - that is price, broker commitment - have changed, it is a new offer and you do not have to pay a broker fee to the relevant broker according to common sense. Don’t let yourself be driven crazy... in case of doubt, ask the seller and have his statement (no broker commitment) confirmed in writing. Then everything is settled for you anyway

Kind regards