Proof of real estate
As property proof of a colloquially real estate brokers required proof of the opportunity referred to conclude a purchase or lease a property to the dispute a contractual gem wage claim. § 652 Sentence 1 BGB. 1 prove to be.
With the written proof of real estate, the broker documents that he has not only informed his customers interested in buying or renting the specific property, but also has named the potential seller or landlord. This is because, according to constant rulings by the highest court, it is necessary that the full name and address of the person who can be considered as a contractual partner and with whom the necessary negotiations can be carried out are given. The provision of a mere possibility of investigation does not constitute evidence of an opportunity to conclude a contract.
At the same time, real estate certificates usually contain clauses that prohibit interested parties from allowing third parties to have direct contact with the owner of the property. In this way brokers to document that they cause for the derivation of the main contract, so the rental or purchase contract have contributed to the property.
Individual evidence
- ↑ cf. BGH, judgment of June 4, 2009 - III ZR 82/08
- ↑ Ulrice Czehowsky: What is the real estate certificate used for? Website accessed October 3, 2018
- ↑ BGH, judgment of 17 December 2015 - I ZR 172/14 paragraph. 20th
