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Legal (5) - "broker carries a heavy responsibility" (From the Berliner Zeitung)

The Berliner Zeitung has published an interesting article in your archive ( Link ):

Under the heading" Agents with a high responsibility

information in the synopsis should be examined carefully, "writes the editor Joachim Garbe-Emden:

" the beginning of the work of a real estate agent is often the exposé. This document provides the basis for a speedy and lucrative sale. Herein Given of the value and position of the cutting equipment to selling real estate. Also, special features, such as preservation of the building or the divisibility of land, there can be mentioned. If the property described but too rosy, this is not only risky for the seller, but also for the brokers.

commission in danger

The preparation of the outline should not leave the agency without its own test on the information of the seller or advertise the object is not critical. Otherwise, he risks exposing himself to damages of the buyer or even to lose his commission.

used in many cases the owners willing to sell to a broker and instructed that to find a buyer who will bear the brokerage commission. If the purchase contract settled accordingly, so between broker and buyer of a conciliation agreement has come into existence, including due diligence and auditing requirements of the broker to the buyer.

The agent should be in the synopsis to make it clear whether information is based on the object on its research. As far as only information the seller is passed, it should be noted. For providing false information of the seller, the broker is liable only then, if he could see, that they were wrong, for example in terms of floor space or the year of manufacture. The broker must also generally do not own investigation. Further investigation is required, however, arise if the financial risk and the buyer is inexperienced recognizable.

Where the object is not the expectations of the buyer, he holds - Previous experience has shown that once the commission - if not yet paid. He must then, however, telling them that not only the non-contractual performance of the contract by the seller of the broker's commission claim against the buyer reduces. However, if a fraudulent misrepresentation of the seller before, it also eliminates the claim on the broker's commission (BGH, Judgement of 14 12th 2000, III ZR 3 / 00). The same applies if the buyer has reserved the resignation in the event that the building permit or a necessary division approval is not granted (BGH, Judgement of 20 2nd, 1997, III ZR 81/96).

Sometimes you just want the broker if the seller can not be held liable for damages' claims of the buyer against the agent after the statute of limitations in force since 1.1.2002 law within three years after the purchaser of the damage, such as the lack of Development potential has gained planning permission or lack of, knowledge. The claims against the seller for defects lapse or defects, in principle within just two years after transfer of the property. So it can happen that the buyer can still keep to the broker, while claims under the purchase agreement have been barred. .

The author is a lawyer with a focus on construction and real estate law at the law firm Schlawien-Naab, Office Berlin-Friedrichstrasse "

's in the article mentioned regarding one finds the way, including here: Link

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