Brokerage law, as a part of civil law in the German Civil Code (BGB), is standardized in a few articles. As we are attorneys active in brokerage, we also deal with the drafting, revision and negotiation of brokerage-specific contracts.
During the subsequent contract implementation, we support our clients, brokers or real estate customers equally.
Real estate brokerage, insurance brokers, broker pools
Our expert attorneys supervise insurance brokers, real estate brokers as well as commercial brokers, brokerage pools and platforms of brokerage matters. In addition to the constitutive and concomitant activity, we are also involved within the enforcement and defence of claims; accordingly, we lead commission litigation, legal disputes, sales agent’s methods of compensation etc.
In the context of matters regarding commission claims of a real estate broker, legal disputes have to be conducted more frequently than to other forms of brokerage because the broker´s clients are defending the equity capital. Not only does a lack of evidence of mediation or a non-disclosure of a relationship with the client of the broker lead to legal problems with regard to a commission claim, but also easy-to-document diligence and clarification obligations.
Brokerage law for brokers’ customers
For brokers’ customers, we conduct laterally reversed examination and procedures of legal disputes. Thus, we analysed contractual obligations, ordinary and extraordinary possibilities of termination, possible claims for commission and defence against unfounded claims.
Most frequent questions:
- Who can make a brokerage contract? Who is a broker?
- When a brokerage contract is considered not valid?
- Does the brokerage commission always have to be paid in a valid brokerage contract?
- What is a brokerage contract and what is a mediation contract?
- What does “special relationship of trust” between client and broker mean?
- Is the amount of the brokerage commission fixed or negotiable? Are there limits?
- What is a dual agency of a broker?
- Which are the rights of a broker?
- Are there illegal broker clause?
- What is an exclusive commission of a real estate agent?
- When can the broker´s commission be reclaimed?