Bestellerprinzip: Some brokers try to circumvent the new law

There are still a few islands of happiness in the German economy. These include florists, furniture stores, mattress manufacturers and fashion boutiques. There, margins are usually achieved that the rest of the companies can only dream of.

Also the guild of the real estate agents indulged itself so far an easy life at the sun. The landlords commissioned the brokers to broker an apartment or house, the brokers took a few photos, created an exposé and showed interested future tenants through the corresponding rental property. That was it in principle, which performed the brokers. For it they cashed up to 2.38 monthly cold rents plus value added tax as commission. the tenants had to pay for it, who also did that, since they would have gotten otherwise no dwelling.

Orderer principle applies since June

Now the paradise for the brokers is seriously threatened. Since the 01. June 2015 the so-called Bestellerprinzip applies to the German housing market. And this nationwide, not like the Mietpreisbremse, which for the time being applies only in Berlin. The “Bestellerprinzip” puts the old merchant’s custom back into force, according to which the person who has ordered something has to pay for it. Accordingly, the landlords must now pay the commission of the real estate agents, no longer the tenants.

That will inevitably lead to the fact that the orders of the brokers will noticeably decrease. If the landlord has to pay the commission, he will leave his comfort zone and will suddenly be able to bring his apartment to the people all by himself again. The local newspapers with their advertising section and the relevant real estate portals are already rubbing their hands. The brokers go empty-handed. The density of real estate agents and the density of real estate offices in German city centers will decrease noticeably in the coming months.

The tricks of brokers and landlords

But the real estate agents do not want to admit defeat so quickly. And so some of them try with all kinds of tricks to continue to take the tenants into the obligation to pay the commission. Although they are threatened with fines of up to 25.000 euros for a violation of the Bestellerprinzip, but before they have to close their office completely, some will also try to resort to such tricks as those listed below.

Real estate as an investment

With these tricks, real estate agents and/or landlords could try to pull money out of tenants’ pockets:

• Handing over of the exposé only against signature under an order for the broker, gladly also at short notice with the inspection date.
  However, tenants who are caught off guard do not have to pay or can reclaim their money.
• Excessive clearance payments for furniture, kitchens and fittings. This is how landlords in particular want to recoup their brokerage costs.
  Here, too, tenants can demand their money back if the value of the objects and the demanded compensation payment are disproportionate.
• Excessive or. strongly increased rents. With it landlords could try to refinance the brokerage costs.
  Unfortunately, landlords – as long as the Mietpreisbremse does not apply everywhere – can increase rents without restriction. Here only supply and demand can provide for a balance. But at the moment the landlords have thereby usually the better maps.

Apartment seekers should therefore watch out very carefully if a broker – possibly even hand in hand with the landlord – tries to pull them over the table. The buyer principle, which has been in effect since the beginning of June, gives them more rights in this regard.
In tight housing markets such as Hamburg or Munich, however, this will be of little use to them. Who looks for a dwelling here, probably also further deeply into the bag will have to grasp, if he wants to have at all a chance on a new dwelling.