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"Orderer principle" for Makler Provision fee since June 2015

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Hi.

Since the beginning of June, who assigns the real estate agent, has to pay the commission.

It is common practice in competitve markets like Munich that the landlords instruct the real estate agent and the new tenant has to pay the invoice of 2,38 monthly net rent. This new regulation excludes this practice and in this case the landlord has to pay the real estate agent and is not allowed to pass on the costs to the tenant.

However, in recent viewings, the real estate agent said that, "no one cares about that, if I refuse to pay for the commission, there are a lot of other candidates for the flat that surely will"

How can one legally fight this behavior?

 

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Get in contact with the local Mietervein, Mieterverein München, and tell them about it, give details and of course the Makler's name.

 

The law has foreseen such behaviour and fines for it are up to €25.000.- However, it might be difficult for you to go through that process.

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If you read German, google Maklergebühren trotz Bestellerprinzip. You will see you are not alone, and that they, or some landlords, have other tricks up their sleeve to get the commision back from you one way or another. As sosarx says, fines are in place and can be claimed up to 3 years after you've been pressurised into paying, but you must document everything very thoroughly, including photos/ screen shots of the ads you've responded to. As well as the Mietverein I expect the Verbraucherzentral could also advise.

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But surely any expense incurred by the landlord is going to passed on one way or the other, in the long term, with, say slightly higher rent?

 

I do not anything about this, so sorry if you are going cross-eyed in exasperation at this question.

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I am currently looking for an apartment in Hamburg:Wandsbeck area. Prices seems to be high compared to earlier.

As  snowingagin mentioned landlord's are increasing rents to compensate the money they pay to Makler. Either way you end up paying the monies.

 

but surely the field "commission" has been removed from the listings across the web.

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As  snowingagin mentioned landlord's are increasing rents to compensate the money they pay to Makler. Either way you end up paying the monies.

Nothing forces the landlord to engage a Makler - its just in the past there was no apparent cost to the landlord to do so (coupled with "we've always done it this way").

 

Unfortuantly at the moment in some areas (incl. Hamburg) there is a general shortage of affordable accommodation which doesn't help.

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I have recently heard that a new law passed this year making it illegal for the makler to charge the tenant a fee (which was supposedly exorbitant) and they now have to charge the landlord.

 

My question is: is this true? So I can just use any Makler now when looking for an apartment and not have to worry about being charged out the ass?

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I have recently heard that a new law passed this year making it illegal for the makler to charge the tenant a fee (which was supposedly exorbitant) and they now have to charge the landlord.

 

My question is: is this true? So I can just use any Makler now when looking for an apartment and not have to worry about being charged out the ass?

Correct, I've noticed this change myself, the provision 2,38% is gone from Mr Lodge and Immobilienscout24, about damm time, it costs enough with having to put down 2-3 months deposit, pay the movers, renovate the whole place and install the kitchen and if you're non German, closets. It's not unheard of to spend 10-15 grand in moving costs. The agency fee was simply adding insult to injury.

 

I'm a landlord and I'm happy to see it gone!

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Correct, I've noticed this change myself, the provision 2,38% is gone from Mr Lodge and Immobilienscout24, about damm time, it costs enough with having to put down 2-3 months deposit, pay the movers, renovate the whole place and install the kitchen and if you're non German, closets. It's not unheard of to spend 10-15 grand in moving costs. The agency fee was simply adding insult to injury.

 

I'm a landlord and I'm happy to see it gone!

Have you used Mr. Lodge? What's the rep on them? I read they specialize in english speakers looking for an apartment.

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Do the owners now have to pay Mr. Lodge? It used to be only like a one time € 70 fee for them to photograph and list your property. (I won't mention the massive moving out cleaning fee that they charge the tenants.)

 

I don't know many renters who like Mr. Lodge but there must be some out there. Their flats are very expensive but some are done up really nice.

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Out of curiosity I checked the website and they've removed any mention of the fee so must be paid by the landlord. Wonder is landlords will move over to Airbnb as the renter pays the (much lower) fee there

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Has this matter reverted back to the old?  In my search for a shop, I am noticing that Maklers are putting the provision back on potential renters. 

 

This one for example.  The Makler is asking 3,57 time the cold rent.  I thought this was resolved as stated clearly in this thread.

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36 minutes ago, BayrischDude said:

Has this matter reverted back to the old? 

 

No, "Bestellerprinzip" does not (and never did) apply to commercial rents. 

 

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Yup. Doesn't apply to property purchases, either - although the government was making noises about changing that. Don't know if they've made any progress.

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