The Law Governing Brokers

Founded by Prof. Dr. Peter Schwerdtner. Continued by Christoph Hamm, lawyer

5th edition, 2008. XXIV, 286 pages, board bound
C.H. Beck ISBN 978-3-406-50404-4

This volume is part of the series "NJW-Praxis"

Can be ordered through the publisher C.H. Beck Verlag

The broker receives, for providing evidence of the opportunity to conclude a contract, or for arranging for the conclusion of a contract, a commission. The main agent in the application of this principle is the real estate broker, who initiates the process for concluding a contract between owner and buyer, or between lessor and tenant. Typically this involves a three-way relationship, in which there can be frequent disagreements. The law governing brokers therefore deals with a very conflict-laden legal area with significant sums of money in dispute.

The book provides comprehensive and practice-oriented answers to all essential questions concerning the law governing brokers. Thereby it always takes into account the case-law nature of this field of law.

The contents can be divided basically into the following chapters:

• The creation and termination of a brokerage agreement
• Purpose of the brokerage agreement
• Duties and obligations of broker and client
• Preconditions and due-date of the commission
• Amount of the commission
• Forfeiture of entitlement to a commission
• Passing on of the commission to third parties
• Reservation agreements
• Dual agency
• Deviating agreements
• Exclusive brokerage agreement
• Marriage broking

An appendix containing important legal provisions rounds out the presentation. The 5th edition further develops the tried and proven concept of this volume, but nevertheless provides a completely new revised version.

Numerous updates of the latest case-law as well as the reform of the German law of obligations have been incorporated into this work.