Basis for negotiation

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The basis for negotiations (abbreviation VB or VHB ) is the price in price negotiations for goods or services that a seller at least wants to achieve or a buyer is at most willing to pay.


Wherever no fixed prices exist, prices are negotiable and have a room for negotiation , which can be exploited by negotiation. With their conflicting interests, buyers and sellers aim to enforce differing price expectations ( target prices ) and, through negotiations, to shift the actual price as far as possible in the direction of the breakpoint on the other side. The break point is the price proposal at which the seller or buyer is no longer ready to close the deal . The seller assumes a high offer price ( maximum price ), the buyer a lower demand price ( minimum price ). The term basis for negotiation requires the simultaneous naming of a specific asking price. If this is missing, the price is a matter of negotiation (abbreviation VHS ).

Maximum demands, breakpoints or objectives are essential components of all negotiations. That is why the term basis for negotiations is generally understood to mean the basis for any type of negotiation.

Legal issues

If someone would like to purchase the service offered to him as a basis for negotiation without price negotiation, this is the minimum contractual content ( Latin essentialia negotii ) of a sales contract ( § 433 BGB ) and is therefore determined in terms of content in such a way that acceptance can be made with the mere consent of the seller. If, on the other hand, price negotiations occur, the price is considered the purchase price to which both parties have agreed (Section 433 (2) BGB). The specification of a price with the addition “basis for negotiation” or a corresponding abbreviation in a newspaper advertisement does not violate § 1 Para. 1 PAngVO.

economic aspects

The basis for negotiation is common among traders in developing and emerging countries as part of bargaining, for example at market events ( bazaars ) or in shops . The seller names a clearly excessive starting price (" moon price ") to which the buyer reacts with around half of this price as a purchase offer. The seller then offers a higher price than this purchase offer until both have agreed on a purchase price. Sellers tend to base the starting price on the first impression of the buyer.

In Europe and the USA , the basis for negotiations is usually based on the weekly market or flea market ; it is also found in particular with more expensive everyday items such as used cars or real estate .

Individual evidence

  1. Carsten Giersch, Risk attitudes in international conflicts , 2009, p. 323
  2. Carsten Giersch, Risk attitudes in international conflicts , 2009, p. 323
  3. ^ KG Berlin , judgment of October 22, 1982, Az .: 5 U 4505/82