Is it lucrative to work as a self-employed real estate agent? That's why it seems to be particularly lucrative to quickly enter the real estate industry and sell the coveted properties as an agent. But it is not quite so easy to work as an independent real estate agent.
What are the earning potentials of self-employed real estate agent?
Summary of earnings as a self-employed real estate agent The following applies as a basic rule: Earnings as a self-employed real estate agent are strongly dependent on success The average salary of self-employed real estate agents ranges around 47,000 euros per year
What's a no-brainer as a real estate agent? The business idea of 'starting your own business as a real estate agent' is therefore not a foregone conclusion, even in regions with a good order situation. If you set yourself clear and realistic goals at the beginning, experience has shown that you will make better progress in setting up your own business.
What is the basic requirement for becoming a self-employed broker? An absolute prerequisite for becoming a self-employed real estate agent is the official permit in accordance with §34c of the Trade Regulation Act (GewO). This is also called a broker's permit or trade permit and is issued by the respective district administration.
If a broker has completed his assignment and found a suitable buyer or tenant or the right property, then it is up to the client to pay the agreed commission. However, only if the concluded purchase or rental agreement has really come into being through the broker's intervention.
There should be a certain relationship of trust between the broker and the client, both need each other: Without the client, the broker would have no object to broker and thus no commission. Without the broker, however, the chances of success of a seller or buyer are also rather low.
The main obligation of the client towards the broker is and remains the payment of the commission after the service rendered. If a broker has completed his assignment and found a suitable buyer or tenant or the right object, then it is up to the client to pay the agreed commission.
If a broker has concluded a brokerage agreement with the seller and the buyer, he may only demand half of the costs from each party. If the broker has agreed to act free of charge for either the buyer or the seller, he may not demand any money from the other party either.
When a real estate agent takes on an assignment, he or she undertakes to safeguard the interests of the client. But this duty of loyalty and care is not a one-way street. The client also has certain obligations towards the real estate agent.
The client also has certain obligations towards the broker. If he does not comply with them, he may be entitled to compensation. Many clients believe that their only obligation to the broker is to pay the commission. However, the brokerage contract also gives rise to a number of secondary obligations.
What obligations are entered into with the brokerage contract? Clients enter into these obligations when they conclude a brokerage contract: There should be a certain relationship of trust between the broker and the client, both need each other: Without the client, the broker would have no property to broker and thus no commission.
Incidentally, the broker is not entitled to his commission even if he can show a potential buyer but the client no longer wants to sell. This is because there is no general obligation to actually sell. After all, anyone can change their mind.
Based on the protective concept of § 654 BGB (analog), the real estate agent has also forfeited his claim to commission if he seriously violates his duty of loyalty to his customer and commits the breach of duty intentionally or with gross negligence ( OLG Oldenburg, judgment of 15.05.2009, 6 U 6/09 ).
The broker has forfeited his claim to payment of a commission pursuant to Section 654 of the German Civil Code (BGB) if, contrary to the content of the brokerage contract, he has also acted for the other contracting party (e.g. the house seller). The broker must unmistakably disclose this dual activity to his customers.
The basis for the broker's commission is a brokerage agreement that you must have concluded with the broker in advance. According to a ruling of the Federal Court of Justice (BGH), a claim to the broker's commission exists only after prior express agreement (BGH, ruling dated 22.09.2005, III ZR 393/04).
The broker's commission is thus subject to many hostilities. Buyers and brokers meet in court and argue about the commission obligation. Unfavorably for the brokers: Their commission claim is not as secure as it first appears. Only conscientiously acting brokers acquire a legally impeccable commission claim.