Broker

The concept of the broker (formerly broker from Low German maken do today, today complain broker in Low German in the original meaning do business ) called in Germany the mediator an opportunity to conclude contracts. The statutory mission of the profession is in German civil law in the provisions on the brokerage contract (§ § 652 ff BGB ) or on trade brokers ( § § 93 et seq ) for expression. In the brokerage contract is prevailing opinion at no mutual agreement, because no one another Synallagma stationary main duties are to be stated. Is known primarily brokering of land or leases, and securities and acquaintances with intent to marry. Basically, every broker required a special permit pursuant to § 34c Industrial Code. The legal basis for the execution of the profession are regulated by the broker and contractor Regulation ( MaBV ).

Basic rights and obligations

The main duty of the broker agreement is the obligation of the client to pay the broker salary in case of success. An obligation of the broker acting on behalf of the client or for the performance of the demonstrated conclusion possibility does not exist. Because legal rules can be modified through the broker contract within the contractual freedom of the parties and numerous special regulations exist in special laws, a large number of special cases has emerged in the legal practice. However, the commercial real estate agent must protect the interests of both parties and is liable for caused by the fault or damage ( due diligence § 98 HGB). It must deliver a contract note prepared by him immediately after the conclusion of the business every party that the essential elements of the contract contains ( certification § 94, § 100 HGB). Is in the final grade, only a game called, he must enter into the contract (self admission § 95 HGB) may itself.

Trade brokers

Commercial broker is someone who professionally for others without being permanently from them so, does the arranging of contracts for objects of trade ( § 93 HGB). They act in their own name but for the foreign ( the ) bill. According to § § 93-104 HGB they deal with the arranging of contracts for the acquisition or sale of goods which are in the context of trade and therefore the markets play a role (goods, securities, insurance, cargo transportation, boat rental). Subject of a commercial brokerage contract may be immovable property, only the provisions of the Commercial Code does not apply (eg no copy of the contract, not brokers pay rules according to HGB).

A special case is the insurance broker. In contrast to independent brokers of insurance is not between the parties, but solely on its customers. The broker owes wages usually - but not necessarily - the insurer alone. This has developed as common law because of the traffic due to the regulatory control of the law business of the insurer very early assumed that, when this brokerage constituted a copy of the contract alone for the insurer, which excluded a broker wage payable by the policyholder. The Bundesgerichtshof ( BGH) agrees that it is acceptable that insurance instead at a so-called Net Police, the obligation to pay the broker salary in a so-called " agency fees agreement " require the policyholder.

See also: cover concept

Civil broker

The provisions of § 652 to § 656 German Civil Code relating to the civil broker. This deals with contracts whose respective control is located in the Civil Code ( leases, contracts of sale of real estate, loan agreements ). Civil brokers can - in contrast to trading brokers - already then acquire a commission claim when a contract is due to their detection on one occasion to a contract concluded.

Exchange broker

The § § 29 et seq of the Exchange Act regulate the concerns of the exchange broker. They are officially appointed and sworn commercial broker, which participate in the official determination of exchange rates. You must receive from each admitted to the stock exchange traffic dealer orders have at their official price determination they participate. Exchange broker subject to a strong limitation on individual trades. They are appointed by the Securities and Exchange Commission on a proposal of the Exchange Board.

See also: stockbroker

Differentiation of the brokerage by type of qualification

Proof broker

Evidence broker makes the proof of the opportunity to conclude a contract. He is not responsible for the quality of a performance, but only for the opportunity to complete this contract. The client instructs the broker with the designation of a prospective, but forbidden to contact this.

A mere proof broker requires no special expertise. Evidence broker must always call for a concrete possibility. Transmits the broker, for example a list of 500 prospective customers to the client, so there is no fee claim, since the mere submission of a list of interested parties with the possibility of identifying prospective constitutes no evidence. The reference to a possible contract object alone is not enough for So.

Intermediaries

In contrast to the detection of the switching broker broker has to allow the interested parties to enter into concrete negotiations with the third party and without further act on the intention of the Party to the contract. He must lead an unprecedented financial statements prepared prospective financial statements prepared.

The lawfully acting on behalf of both parties broker is obligated by law to neutrality, and must carry on its activities taking into account the interests of both parties. The broker can be prosecuted if he omits, for example, well-known shortcomings. The broker is negotiating with both parties to complete the transaction. Usual transport of Intermediaries is considered as a salesman with it special duties. Examples include real estate agents, business brokers and marriage brokers.

Commission

The fee of the broker is called a commission or brokerage fee. The amount of commission is agreed upon freely and can be up to six percent of the purchase price plus sales tax on real estate sales. When rental is the commission by the law regulating the housing agency ( WoVermRG ) on two months' rent plus VAT limited ( § 3 para 2 sentence 1 WoVermRG ).

Debtor of the commission claim are, if not a party to the agreement or a particular commercial practice determines otherwise, in accordance with § 99 HGB both parties to the mediated contract half each of the broker's commission. Frequently asked a salesman if he offers a property through an estate agent, a customer commission - with which he shall pay for the brokerage costs to the customer contract.

The commission fee is payable ( contingency fee ), so that each intermediate a broker takes place at the conclusion of a sale or lease at your own risk. A distinction between exclusive contracts and open contracts, in which the interested party or providers themselves or other broker may operate.

If a prospective customer or owner for his Real Estate Broker not used, it can have its Inserations and time costs offset indirectly through the purchase price or rent to the buyer or tenant. Conversely, trying to get their search costs, for example, on rent-free months or free fringe benefits compensatory balanced prospective.