Reduction of broker's commission
September 8, 2011 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
We signed a rental agreement in August 2010, and moved into the house on 1.11.2010. The real estate agent stated in the property listing as well as in the rental agreement that the living area is 185m². After verification (architect's calculation of the living area) and consultation with the owner, it was determined that the actual living area is 159m². We have agreed with the owner to reduce the rent by 200 euros retroactively to the beginning of the lease.
Therefore, in our opinion, the basis for calculating the real estate agent's commission has also changed, namely 2 x 200 euros + 19% less. We have written to the real estate agent, explained the situation, and requested a refund. He has not responded to this.
What is the legal basis for this situation? Do we have a right to a refund?
I would appreciate your guidance.
Thank you.
Dear questioner,
Thank you for your inquiry. I would like to answer it as follows:
The broker is generally only liable for incorrect information if he was aware of the inaccuracy of the information.
If he has taken over the information without checking it, meaning he received the information as provided by the landlord, he is generally not liable for it, as long as he indicates in the listing that the information is unchecked.
If he has not indicated this, he may be liable for damages.
Another important aspect is, if (this is how I interpret your inquiry) the size of the living space is the basis for the broker's claim. In this case, only the actual living size must be taken into account.
Regarding the overpaid amount, you would then have a claim for reimbursement based on unjust enrichment according to § 812 of the German Civil Code, which you could assert against the broker demonstrably (by registered mail) with setting a reasonable deadline (around 10-14 days).
I hope to have provided you with some initial legal guidance and wish you much success and all the best!
I would like to finally point out the following:
The legal advice I have given is based solely on the information provided by you. My response is only a preliminary legal assessment of the situation, which cannot replace a thorough evaluation of the facts. By adding or omitting relevant information, a completely different legal assessment could result.
I hope that my explanations have been helpful to you. Feel free to contact me through the follow-up option if you have any further questions.
I wish you a pleasant Thursday afternoon!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax. 0471/140244
Tel. 140240 or 140241
