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Real estate agent
Brokerage contracts on proof of the opportunity to conclude a purchase contract for single-family houses and apartments must be made in writing in the future. If the buyer is a consumer, the brokerage costs are in principle to be shared equally between the seller and the buyer. In the future, the broker can no longer pass on his commission claims to the buyer, for example within the framework of the notarial purchase contract, but at most in the amount of half of the commission claim that was agreed with the seller.
This only applies if the broker proves that the seller has fulfilled his obligation to pay the commission. The corresponding regulations apply since December 23, 2020.
What sounds complicated actually is. The real estate agent must be careful. Anyone who is formally negligent here risks having worked for nothing. In order for the broker to secure his claim to commission, he will have to conclude a brokerage contract in writing with both the seller and the buyer. E-mail or fax is sufficient for this, but it has so far been the custom for sellers of such properties that the broker is paid by the buyer.
In particular, if the seller also has to pay part of the commission, the seller will react with incomprehension. The previous practice of stipulating that the buyer pays the broker's commission or that he undertakes to assume the debt in an exempting manner from the notary in the purchase contract is no longer permissible.
Brokers take risks
If the seller does not want to pay the commission, the broker will not receive any money from the buyer unless he also has a contract with the buyer. It should be difficult for brokers who started a brokerage before December 23, 2020, but have not yet finished it. The objection in the legislative process that the broker thus bears the seller's risk of insolvency was deliberately not taken into account.
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