Property broker

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In German property law , a property broker is someone who, based on a property brokerage relationship (within the meaning of Section 868 BGB ), exercises direct possession of an item and at the same time, with the will to acquire possession , holds the property for the indirect owner - mostly the owner .

The property broker owns as a third party not as an owner ( for another on time ). Meanwhile, the indirect owner enjoys property protection according to § 869 BGB.

Property intermediaries are, for example, from mandatory law : the tenant , lessee , borrower or custodian .

If there is a multi-level brokerage relationship, such as in the case of subletting , the "first-tier indirect owner" is also the broker for the "second-tier indirect owner" without directly owning.

See also

Property servant

Individual evidence

  1. ^ Otto Palandt : Bürgerliches Gesetzbuch . CH Beck, 73rd edition, Munich 2014, ISBN 978-3-406-64400-9 , § 868 Rn. 1.
  2. ↑ RG , judgment of April 26, 1903, Az. Rep. II. 461/02, guiding principle = RGZ 54, 396.