New broker law when buying an existing property?

  • Erstellt am 2021-03-05 19:07:48

ypg

2021-03-06 11:22:09
  • #1


Since I am no longer searching, I only occasionally check the portals. Last year, at some point, I had to confirm something every time before I could access the exposé. That is no longer the case. It said something about broker, contract, etc., which had to be confirmed. I assume that your consent was requested there. But the thing is, we always quickly click something away (cookies and the like come to mind), so we don’t really look or realize what we are doing.
 

Schimi1791

2021-03-06 11:24:32
  • #2
At least the cancellation policy cannot be "simply" clicked away, as strict requirements are actually imposed here by the legislature.
 

K1300S

2021-03-06 14:07:00
  • #3
The question then is: What happens if he revokes? The knowledge of the sale of the house cannot be erased, and the sale would probably still take place.
 

Schimi1791

2021-03-06 14:13:35
  • #4
The revocation results in a retroactive termination of the contract between the customer and the broker, i.e., ex tunc. If the revocation is made after the purchase contract has been signed, the broker’s claim to commission expires. Errors in the revocation instruction should today only occur among beginners or "Möchtegernmaklern." After all, proper contract design and processing are fundamental basics.
 

Manuu86

2021-03-06 15:24:23
  • #5
To be completely honest. I have not seen anything like a cancellation policy so far. The real estate agent put enormous pressure at the beginning of December and wanted to be at the notary by 12/22/2020 at the latest. The reason should be clear. Since, as mentioned, it involves a community of heirs, including an heir being the state of Saxony-Anhalt and another heir being mentally disabled with a guardian, the whole matter has been dragging on until today. What we still have is, I would call it an informal letter (A4 page) titled "Declaration of Intent to Purchase" in which, under the item real estate agent commission, the previous 5% has been manually crossed out and replaced by 2.5%. Unfortunately, we already signed that on 12/13.
 

Schimi1791

2021-03-06 15:28:38
  • #6
It is now a matter of conscience to have a lawyer review whether a commission claim exists based on the letter of intent to purchase.
 

Similar topics
21.03.2015Property and Real Estate Agent16
05.10.2016Apartment sale through an agent - what to pay attention to?27
02.10.2018Negotiation strategy with the agent and the seller40
16.10.2019Is a letter of intent to purchase binding?18
01.11.2019Buying property - How to proceed? Realtor, bank, owner?15
02.02.2020Payment plan (Broker and Developer Regulation) and Developer's payment plan10
24.06.2021The broker does not take a clear stance on financing. How to behave?42

Oben