Obtaining documents through a broker - legal question

Hello everyone :)

We are currently in the process of buying an existing property, the bank wants a building permit from earlier, which the realtor as well as the current owner cannot provide.

So the bank wants a confirmation from the municipality that the property is permanently usable for residential purposes.

The realtor is taking care of it.

Today I received a fee notice or cost assessment notice from the city in my mailbox stating that I have to pay €170.00...

I am of the opinion that the fee should be paid by the realtor, as it is part of a real estate agent’s duty to provide necessary documents and if they are not available, to obtain them at their own expense.

And not at the expense of interested parties or prospective buyers.

I/we have neither commissioned/committed anything in writing nor verbally agreed to bear any costs.

Does anyone know how it stands legally on this?

Thanks in advance.

Kind regards, Patrick

Hello Patrick. In this case, you are thoroughly mistaken! The real estate agent has a contract in which they commit to selling a property. That sounds easier than it actually is in practice. However, the seller must provide the agent with all the documents needed for the sale (for example, requested by the prospective buyer). The associated costs are not borne by the agent. It is possible that the seller obtains (and also pays for) the documents. In practice, the agent has a power of attorney from the seller and acts on their behalf. But the associated costs do not fall back on the agent. The agent's fees, the so-called commission, cover the entire organization as well as the agent's time and effort. A "lazy" agent (these are the bad apples that have given agents a bad reputation) does nothing and only collects fees. The dedicated agents (there are enough of those, too) take care of practically everything in the background, relieving the seller. Just a good exposé alone can take two full days until it is ready. What I mean by this: the agent's fees may seem high at first glance when selling a property. But a good agent also does something for it. However, the incidental costs, such as document procurement, can in no way be charged to the agent. Therefore, your real estate agent was right to request documents on behalf and under the authority of the seller and to assign the fees incurred to the seller. ------------------ Regards: KlaRa (not a real estate agent)

The real estate agent did not assign the fees incurred to the seller but to the potential buyer.....and that simply is not allowed! The fees for the documents are clearly to be borne by the seller, not the buyer!

The seller must obtain all documents relevant for the sale and, if necessary, also have them prepared. He bears the costs for this - of course in his own interest. Proof of the building law-approved or, if applicable, approval-capable condition that is being sold is the most important information. A building or part of a building that has not been approved under building law is, if applicable, also not approvable and might have to be demolished in the extreme case. Without proof of approval, the corresponding part of the building is basically not available for sale. The associated usable areas would then have to be deducted from the sales price. In the absence of approval capability, possibly also the dismantling costs including the costs for the demolition application.

I recommend having the property checked by an architect/structural engineer as part of a real estate purchase consultation. This also includes the examination of the property documents ([Grundbuch], [Baulasten], [Erschließungskosten] etc.).

I recommend having the property inspected by an architect/civil engineer as part of a real estate purchase consultation. This also includes checking the property documents (land register, building restrictions, development costs, etc.)

That can be done. However, the costs arising from this are again borne by the seller. As long as they are not essential for the sale of the property or become necessary, one can also do without documents such as an expert building inspection or examination of the construction documents. And not everyone looks into the land register. This again requires authorization from the seller – just as every real estate agent has received from the sellers. And to my knowledge, development costs do not apply to a existing building. And that is what "Aerion", the questioner on this topic, wrote about. Regards: KlaRa

: That is why I still do not see the seller obligated to obtain or sell the documents. It is the buyer's problem ...

However: I do not know if one can even say that you "commissioned" the broker to obtain the documents at your expense ...