Half division of the brokerage
Federal Court of Justice clarifies questions about brokerage commission
The real estate market is often not so easy to navigate. Some buyers and sellers therefore rely on the help of a broker. However, certain rules apply to its commission, emphasizes the BGH.
A brokerage contract that agreed with the buyer and seller of a single -family house each of different heights is ineffective. The Federal Court of Justice (BGH) in Karlsruhe has now examined the prerequisites for a violation of this regulation. In a judgment, among other things, the highest German civil court made it clear when a property is considered a family home – and what happens if the seller’s wife has commissioned the broker. (Az. I ZR 32/24)
The following applies to apartments and single -family houses: If a broker works for both buyers and the seller, the commission must be the same for both sides. Otherwise the contracts are ineffective – so the broker goes out empty. This so -called half -division principle does not apply to apartment buildings and commercial properties. Here, for example, the broker may work free of charge for the seller and only request a commission from the buyer.
What is a family home?
The distinction between single or apartment building can therefore play a crucial role for brokers, buyers and sellers of a property. So also in the specific case to which the BGH now judged in Karlsruhe. It was about a single -family house with an extension for the office and garage – and the question: Does this still go through brokerage law as a single -family house?
The BGH now decided: yes. A single -family house is characterized by the fact that the property “recognizes the residential purposes of the members of a single household,” said the first civil senate. A residential purpose does not conflict with this if there is a granny apartment in the house or “otherwise commercial usage possibility of only minor importance” – as in this case the office cultivation.
Was the wife hired the broker?
In addition, it should be clarified whether the legal provision also applies if – as in the present case – the seller, but his wife has commissioned the broker. The Senate also affirmed that. Finally, the aim of the regulation is to protect consumers from unfair brokerage in the face of their negotiating position weakened by the market situation. This applies regardless of whether the brokerage contract was concluded with a contracting party or a third party, according to the BGH.
The real estate association Germany welcomed that the judgment now ensures more legal certainty in practice, especially with regard to the definition of a single -family house. Managing Director Christian Osthus explained that this question has been disputed so far in the case law and in literature.
dpa
Source: Stern
