Problems with estate agent, legal advice requested

Hi all,
I am not a lawyer so need some info about my rights and estate agent responsibilities/obligations.

So, the case is following, I had to move to Munich due to new job offer. The only accommodation I could find was a room in 2 family house, the room was offered through a "makler xxx" which said in his terms and conditions:

"It is emphasized, that "makler xxx" has nothing to do with the conclusion of the rental contract. The landlord is responsible for this."

and this statement in the e-mail:
" "makler xxx" COMMISSION:
For the procurement of any accommodation we take a commission as stipulated in the terms and conditions. By booking an accommodation, you declare that you accepted our terms and conditions..."

The only thing "makler xxx" did was just giving me the contact info of the landlord (e-mail enclosed with the contact data sheet and "terms and conditions"), then I had to phone the landlord, ask if the room was free, arrange meeting and so on. This seemed little stupid from the beginning but I had no alternative.

When I arrived things were even worse, I did not sign any contract with the landlord, I just pay cache to him, and got a bill from "makler xxx" to pay first month charge (I payed). I could not find apartment during this month and I have to stay there a little bit more, now this "makler xxx" sends me email, telling that, landlord informed them that I am going to stay there more and that I have to confirm this and pay the charge for the next month.

Should I pay them? Do they have right to require the payment based on the email and the "terms and conditions"?

Even if I am right, getting a lawyer will cost me much much more, so I just would like to know how legal the whole process was, i.e.
- living and paying for accommodation without a contract (so most probably without paying taxes)?
- the "terms and conditions" of the "makler xxx"?
- what are the responsibilities/obligations of "maklers xxx" in general (and all estate agents), whatever he/she writes in the "terms and conditions" or are there any regulations from the government?

Thanks,
lev

You've been working in IT too long

I don't think you have much chance getting out of paying for the Makler. You accepted the terms and conditions and have to pay for the Makler's service - even if it was wholly disproportionate to the cost. He provided you with the initial contact details if nothing else. Whilst this is a little unusual (normally the Makler organises the property viewing and and pre-contractual stuff) I guess it isn't illegal.

Theoretical CS, no software engineering

thanks for reply, let see if there will be other post and opinions.
Paying the charge is not a problem, I just lost any trust (yeah, happens) to these kind of people and I want to be confident when I pay something, so this is more important than the amount of money.

Maklers are scum. They think their job is important and they are worth something - they are not. Try your best in the future to have nothing to do with them.

It is like Janx said: since the "makler" gave you the information which you did not find yourself in another way, he is legally entitled to a fee at closing of a contract. What I don't understand is the request for another, second fee as it would appear here in your case. If it is just for the prolongation of an existing contract, it does not make much sense, legally speaking too. But since you wrote something about not signing any contract with the landlord I am not sure about your legal situation anyway, I am affraid, and thus it is kinda hard to give you real solid advice here...

And Hutcho is right: real estate agents are even worse than many other agents I know, probably on the same level with car salesmen and pimps...

Cheerio

Yes, maklers have a long tradition of bullying money out of unsuspecting foreigners. Cry bullshit, bluff and inform the makler he will receive no money for the time it takes your solicitor to review your case and if your solicitor concludes the makler is owed some money you will pay it in full. Then wait for the makler to contact you. This may well be the end of the matter if he knows he's pushing it, but of course if he does contact you then you have to actually get a solicitor and do the above...

thanks all,
Starshollow, I have to pay charges monthly (up to 6 monthes)
HellesAngel, that's a good idea, anyway I will not get a lawyer (it too costly) but I will see makler's reaction!

How much is the monthly charge compared to the rent you pay to the landlord?

I am afraid you do not have a ground to challenge the makler fee. He did his job, even if the service level is questionable ( in Germany this level of makler service is unfortunately normal).
If the makler can prove that you got the landlord contact details from him and that you stayed in the accommodation then you have to pay him. That is why they fax/email you the landlord contact details, this is enough proof.
Since the makler is not responsible for the contract between you and landlord, you can not use the lack of it as an argument not to pay.

We had similar experience here in Berlin 6m ago and were shocked at the process. Our makler fee was 20% of the rent for each month + 1 month deposit. Then when we wanted invoice all of a sudden it was +19% more. And they wanted cash payment only...

Just suck it up and try to avoid maklers in the future.
Good luck!

20% of the monthly rent? that is outrageous!!! But I guess as long as people sign up for that it is still legal. There should be a warning out there for all foreigners because even in Munich it must be possible to find accommodation at reasonable price without this commission bordering on robbery...

Sorry you have made this bad experience,
Cheerio

He increased his fee before or after you signed the rental contract? If it was after, and if he hadn't clearly specified his fees beforehand, I don't see how he can enforce payment... (though 19 % sounds like VAT, and services are sometimes marked as xxx € + 19 % VAT, so maybe it was a misunderstanding? In any case, the fee does sound outrageous!)

This makler was recomended by our relocation agency. At the end our company paid for our makler fee so we stopped worrying about it, but these maklers are a very tricky kind and we try avoiding any makler in the future...

The makler's fee is from 25 to 100% depending on the duration (first month - 25%, second 15%, and following three - 20%, +19% for each) and it is stated in "terms and conditions".

The fee in general is not much but I expect service when I pay, we are in Germany, in Munich, aren't we?! And what was the service, they even did not tell me anything about the availability of accommodation, just gave me a bunch of landlords and I had to find who had rooms available and so on, Is this a service?!

I got explanation from one lady running such business, she said that according to some law: "Sie (estate agent fee) ist nur zu zahlen, wenn der Makler eine Adresse nachgewiesen hat oder die Wohnung zusammen mit dem Mietinteressenten besichtigt hat und der Mietvertrag auch tatsächlich zustande kam", probably this is true but I do not understand the people who get such bills through and than force people to do things via estate agencies, probably they are future or ex-maklers, or maybe just interested parties and share-holders.


Agree Starshollow, I pay taxes and getting only half from my salary, there is 19%VAT, Munich is damn expensive and it is 2 months I can not find an apartment, and probably won't find until I get some shitty contract with this kind of robbers. ...And there are a lot of, sorry but really lazy people (I do not speak about disabled, etc.) who do not want to work but they get everything from the government and that's from the money of tax-payers. yeah, probably that's the reason why there are a lot of people sitting at home and also a lot (Germans) leaving their country..