Property manager
October 20, 2010 | 70,00 EUR | answered by Bernhard Müller
Can a manager of a shared apartment also act as a broker for a fee to sell apartments within the shared apartment?
Dear inquirer,
I see no problems with this. The contract for the management of the residential property association is decided by all owners by majority vote. The decision to enter into a broker contract is made by the individual owner who wishes to sell their special property. The sales contract is not concluded between the seller and the common ownership but between the seller and the buyer.
I cannot see any conflict of interest between the majority of owners and individual owners. The majority of owners have no legitimate interest in influencing whether and to whom the property is sold. Therefore, the administrator can indeed enter into a contract with individual owners of the community, in which he is tasked with mediating the sale of these properties, unless the community itself wishes to act as the buyer. Even in this case, it can be determined that the administrator is exempt from the restrictions of § 181 of the German Civil Code.
Furthermore, if the administrator is only mediating, the seller must personally go to the notary with the buyer. In this case, the seller can still decide not to sell to this specific buyer or under those conditions.
Best regards,
Bernhard Müller Attorney at Law
