Real estate agent and property developer ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on the duties of brokers, loan and investment brokers , investment advisors, property developers and construction supervisors |
| Short title: | Real estate agent and property developer ordinance |
| Previous title: | Ordinance for the implementation of § 34c of the trade regulations |
| Abbreviation: | MaBV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 34c (3) GewO |
| Legal matter: | Commercial law , construction law |
| References : | 7104-6 |
| Original version from: | June 20, 1974 ( BGBl. I p. 1314 ) |
| Entry into force on: | September 1, 1974 |
| New announcement from: | November 7, 1990 ( BGBl. I p. 2479 ) |
| Last change by: |
Art. 1 VO from May 9, 2018 ( Federal Law Gazette I, p. 550 ) |
| Effective date of the last change: |
August 1, 2018 (Art. 2 of May 9, 2018) |
| Please note the note on the applicable legal version. | |
The Real Estate Agents and Builders Ordinance ( MaBV ) is a statutory ordinance derived from the trade regulations , which in German commercial law primarily provides requirements for the protection of property buyers when drafting and concluding a property developer contract. When it came into force on September 1, 1974, the previously binding state brokerage ordinances were repealed.
One focus of the MaBV is securing customer funds ( Sections 2 to 4 MaBV). A commercial property developer only has the right to receive payments if there is a legally valid contract, a notice of conveyance has been entered in the land register at the agreed priority , the release of encumbrances has been secured and an official building permit has been issued ( Section 3 Para. 1 MaBV).
The money that the developer receives from the purchaser of a property must be secured accordingly and may only be used for the project in question. In principle, the developer may only accept payments in accordance with the progress of construction . He must strictly separate the payments received from his customers from his private funds in accordance with separate asset management ( Section 6 MaBV) . If all of the above requirements cannot be met, the property developer has the option of providing the customer with a comprehensive guarantee ( Section 7 (1) MaBV). This is intended to secure the fulfillment of the service or all possible claims of the client for restitution or payment of the assets brought in. Completion of the building object is not guaranteed by a guarantee according to the MaBV. In the event that the purchaser has already made payments although the property has not yet been completed, the MaBV provides for a graduation based on certain construction phases ( Section 3 (2) MaBV).
Agreements between property developers and property buyers are null and void if they deviate from the requirements of the MaBV ( Section 12 MaBV). Notaries consulted are also obliged to comply with the MaBV regulations and may not notarize any deviating documents ( Section 14 BNotO , Section 4 BeurkG ).
literature
- Peter Marcks: MaBV. Broker and property developer ordinance with § 34c GewO, other relevant regulations and MaBVwV. Comment . 8th edition. Verlag CH Beck, Munich 2009 (with addendum 2010), ISBN 978-3-406-58404-6 .
- Herbert Grziwotz (Ed.): MaBV - Commentary on the Broker and Property Developer Ordinance . 2nd Edition. RWS Verlag, Cologne 2012, ISBN 978-3-8145-8155-2 .
