An unfortunately not in practice very rare case: A tenant had applied for a broker to rented premises. The broker called the contract documents, the landlord , and the lease on the premises of the agent was signed. The broker made a Privision equivalent to two months' rent plus value added tax claims, which also paid the Mietrin. This, however, she repented and later sued the agency before the District Court of Tempelhof-Kreuzberg (Judgement of 16.03.1999 - 9 C 650/98 -).
This was granted the application and stated the grounds that the broker is entitled to a commission pursuant. § 2 WoVermG due only if a result of mediation or a financial one apartment rental contract comes. A mediation to that effect would only be a deliberate reaching final the final readiness of the contractor before. Was not sufficient in any activity related to the contract. The tenant is, however, already been decided to enter the agreement. Admittedly, a broker's commission will be well deserved if the customer already had knowledge of the property to rent. However, that is only if the broker had provided additional information which may have influenced the final readiness of the customer. The broker had obtained in the present case, however, only the terms and conditions of the property management and provide any additional information about the apartment. The document requests, however, constituted no broker step dar. A mediation would result not from the fact that the agent of the landlord or the tenant of the property management has proposed as a contract partner. Because the property manager was already ready to conclude a contract. For its part, the agency had already received an order of mediation. Since the broker does not pay under the provisions of the Act state housing agency, he was to repay the commission according to the tenant. § 5 paragraph 1 WoVermG to condemn.
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