The text "Hauskauf" translates to "house purchase" in English.
July 19, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
we would like to buy a house. We found a house online for one euro from an auction house that also acts as a real estate agent. After the third contact, via email and phone, an employee got in touch with us. We scheduled a viewing and after seeing the house, we expressed our interest in purchasing it. The house is from a company's insolvency and is still owned by a bank (for security). We made an offer and agreed on a price. The agent sent us a letter requesting a security deposit of 10,000.00 euros and a commission of 6% plus VAT.
Please explain and confirm to me if the security deposit and commission are in line with the law, or if I need to pay the deposit only after the contract is signed with a notary.
Attached you will find a copy of the security deposit agreement.
Thank you very much and I look forward to your response.
Sincerely,
Jürgen K.
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions considering your input and the circumstances you have described as follows:
According to your description, the broker who facilitated the transaction of the property has invoiced you a fee of 6% plus VAT.
The broker, as per your account, has acted as a broker within the meaning of § 652 of the German Civil Code and is therefore entitled to a broker's fee for the transaction according to § 653 of the German Civil Code.
Since the conclusion of the purchase agreement is imminent in your case (it can be assumed as you have already submitted a legally binding offer, which only needs to be accepted by the other party and implemented through a notarial purchase agreement), the broker's fee is not yet due based on § 652 (1) sent. 1 of the German Civil Code, but will become due upon the conclusion of the purchase agreement.
If the purchase agreement is concluded after the due date (determined by the performance guarantee/invoice), the broker's fee will only become due at that time and generally does not need to be paid earlier, even if it should have been paid earlier based on the invoice. The crucial point remains the conclusion of the purchase agreement as the due date).
The usual broker fees range between 3 and 6% plus VAT, so the brokerage fee in your case is within the normal range.
Regarding the performance guarantee, I cannot provide a statement at the moment as I am unable to view the attachments you have provided. However, I assume that it is meant to be understood as a form of deposit, which is not uncommon.
Please send me these attachments to my law firm email address listed below so that I can provide a final statement on this matter.
I hope to have provided you with a first legal orientation and wish you much success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Please feel free to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Monday morning!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
