Why not landlord brokers auction rental properties
Buyer principle rent - what brokers, tenants and landlords should know
Ordering principle: These tricks are forbidden
The ordering principle stipulates that whoever pays the broker who appoints him - but there have also been attempts to circumvent the law. However, such circumvention transactions are generally not permitted. Legal expert Dr. Christian Osthus from the Real Estate Association Germany (IVD) gives tips on which payment options are allowed and which ideas realtors can use to get into trouble:
1. Landlord ordered, tenant should pay anyway
Case study: A realtor has the landlord give him the job to broker his rented apartment. However, instead of publicly advertising the apartment with an advertisement, he keeps the offer to himself and waits until he receives a suitable search request from a tenant. If a tenant gives him the job of looking for a property, the realtor will show him the landlord's apartment. In the course of the search order, the broker then sends the commission invoice to the tenant if the mediation is successful.
The expert advises: “Such a procedure is not permitted within the framework of the customer principle! In order for a broker to be able to serve a tenant's search request, he only has to look for the property he is looking for for the tenant. Here, however, the owner has already given the mediation order beforehand. "
2. Hidden clauses make tenants buyers
Case study: A prospective buyer comes across a property advertisement that he likes. He reports to the broker and receives a confirmation of his contact request, which contains the notice in small print that the interested party is placing a search order with the broker. The broker then contacts the searcher and tells him that the apartment has already been taken, but that he has another suitable property up his sleeve. If the contract is successfully concluded, the broker also sends the commission invoice to the interested party, stating that he has placed a search order.
The expert advises: “Hidden clauses and small print cannot in principle result in a legally effective search order. A correct search request must be in text form, i.e. as an email or letter. In addition, the commission obligation must be expressly agreed. "
3. Request service fees
Case study: A broker has the interested party pay for the delivery of the synopsis, the appointment to view the apartment or the creation of the rental contract with a service fee.
The expert advises: “The law clearly states that brokers are not allowed to charge any fees other than their commission. If this has been agreed in advance, the broker can also have actually proven expenses such as telephone, postage or travel costs reimbursed by the customer - but not more. This also applies in the event of a failed accommodation brokerage. "
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