To reiterate the problems of last review: Harmful commission is of course if the broker is responsible for effectively by the landlord with the duties of an administrator (. Neukölln AG, Judgement of 30/5/2001 - 5 C 26/01 -)
stood in the Lisbon concrete case, the apartment in receivership. Third of the tenants knew that the apartment would become free. He applied the Zwnagsverwalter, who referred him to a broker. This led to see the accommodation and led by the conclusion of the lease. For his career, he verlangrte a broker's commission. Also Here the tenant paid first, what he regretted that later. In court, he demanded back the premium paid.
The district court granted the application Neukölln. The commission agreement was for violation of § 2 of the Act to regulate the housing agency (WoVermG) is ineffective. Then the estate agents, a claim for refund is not then additionally, if the owner, manager or landlord of the apartment. The district court took the view, based on the specific design of the agents was also performed at the same time as an administrator within the meaning of the above provision. The provision is to protect the home seekers a wide interpretation. Between tenants and brokers violated agreed brokerage so that in the opinion of the Court against a legal ban and was ineffective.
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