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broker's commission, even without broker agreement?

Observant readers of my blog posts regarding broker real is my constant motto to the emergence of the remuneration of the agent have failed to notice: In order to pay the commission is obliged to those who to demonstrate the opportunity to conclude a contract or for the mediation a contract promises to pay a broker when the contract as a result of certification or as a result of the mediation of the broker concluded.

Thus the four conditions for the emergence of the commission claim referred to, namely

• conclusion of a brokerage contract,
• proving or mediation of the broker,
• conclusion of an effective main contract,
• causality of the brokerage.

Today I want to show briefly that claims can arise even in the absence of the broker of a brokerage contract. As a possible cause of action is § 354 HGB considered (str. aA Staudinger / Reuter, BGB, § 652, para. 62). The condition is that the broker is a salesperson, who legally empowered to act for the buyers. It must have the potential to be seen that the broker provide its services just for him and of course has led the work to success. If the power brokers have been previously rejected for this business already, usually formed of course, no claim (BGH, NJW-RR 05,1572). Are also possible claims from gestio (§ § 677 ff BGB) or unjust enrichment (§ § 812 , 818 II BGB), the latter is entirely in dispute (see BGH, AA0). But here again, provided that it is the view of the potential for a performance of the agent in these acts and could expect the broker to compensation. On the latter failed to claim for unjust enrichment, if the broker commission anbeitet an object without prior request (BGH, WM 1985.1234).

American Harvest 200t

only speaking people can be helped by others

much more as it falls on the landlord to the tenant that the beginning of the month is too little money for the overdue rent. The danger is to come with the rent in arrears immensely and as inevitable.

What should a tenant do? Play ostrich? Absolutely the wrong way. For the sensitized environment takes the information that has come to a tenant in arrears repellent in the rule.

Smaller managers and private landlords see a disaster coming towards him and associate with Mietnomaden payment bottlenecks. Misunderstandings are the result.


For both sides there is only one solution, talk to each other. The tenant must, as soon as it recognizes the payment is in danger, contact the tenant. The landlord must immediately in the absence of rent promptly seek dialogue with the tenant. Talking loud and clear, clear rules, human Handling. can build a base on which a satisfactory solution.

Not every tenant is in arrears it is a Mietnomade and cheats. The proper handling of this situation, the conflict will be appeased in the beginning.

One of our service will be to assist the tenants here. We go for the landlord to the tenant before they can reach a height of the debt, which bring the tenants into the "shit No matter phase". Just in time to find solutions, integrated offices and funding sources analyzed.

Unlike collection agencies and debt collectors, we do not work with threats and drive the debtors on the run but support the defaulting tenant so that it is in the belief that he had arranged us.

course we have effective methods to present chronic debtors a solution.

The advantage for the landlord is clearly evident. Our job is cost-neutral as a costly dismissal on the complaint. They retain a loyal tenant, the way to court and even more expensive lawyers of remains. Either the tenant pays the rent themselves or agencies believe are guaranteed.