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excluding brokerage commissions

The broker after § 652 BGB entitled to commission if his evidence by or through his proof of purchase or lease of a property is concluded. This is not unconditional. This principle finds by law and case law under certain conditions laid down restrictions. This is especially true for the housing agency. Then
(§ 2 paragraph 2 WoVermG ) is the home agent is not entitled to commission when

1.durch the lease is a hire continued through the same living spaces, extended or renewed;
2.the lease is completed over dwellings , whose owner, manager, tenant or landlord, the estate agents, or
3.the lease is completed over dwellings whose owners, managers and landlords is a legal person in which the home agent is involved in legal or economic. The same applies if a natural person or legal owner, administrator or landlord of residential premises, and involved themselves in a legal person acts as estate agents, legally or economically. Specifically, here is

much disputed. For example, the TRAIL-manager, is this for the mediation of a commission to rent housing demand could ease one reads the legislation, you get to this view, therefore, represented the past, much of the Court's view? that TRAIL-general manager of the persons are authorized to ask for a housing agency no commission (so even LG Heilbronn 5 C 3373/98, ZMR 1998, 40). Meanwhile but the Supreme Court (Az: III ZR 299/02) decided thata manager of residential property is entitled to offer apartments or offices of the managed object from him and to claim commission.

Harmful commission it is, but if the agent with the owner, manager or landlord is legally or economically connected closely. In practice, not so rare: The spouse of the landlord is the brokerage firm or employee of the broker at the same time administrator of the Mietwohnung.Oder is: because of which may be required by the previously occupied apartment tenants further mediating any commission: not in the lease Related friend the tenant vermakelt the apartment: It depends on whether the broker himself lives in the apartment (. LG Bonn - Akz 5S22/97).
Even more than elsewhere in the Agency Law gitl Grudnsatz that the broker should not be slightest doubt on its independence. Otherwise he threatens that he is the manager treated, which a commission claim is barred from housing agency (such as AG, Bad Neuenahr-Ahrweiler, Judgement of 19 August 1998, Az: 3 C 218/98, in: WUM 1999, 47 ). Be threatened loss to the broker's commission if he maintains his office in the premises of a property management company and this works sometimes (AG Charlottenburg, Judgement of 26 September 1989, Az: 16b C 205/89, in: MM 1990, 97) Or even if the broker for the property manager receives mail and phone calls. AG Charlottenburg, Judgement of 29 January 1990, Az: 10 C 401/89, in: MM 1991, 195