Lies and obstruction by Makler when buying flat - can I withhold payment?

[Guest]

Once the house is under contract with the vendor, The Makler gets their fee! (If the property is sold within the contract timelime)

 

With 1 of my 3 Purchases here in DE, I agreed with the vendor to wait until the Makler was out of contract and then agreed to buy the property with a discount for me and a bit more for the Vendor

 

Ceij... I have bought enough places in DE to be able to give quite accurate info... Why pay a lawyer more ? 

 

 

[Ciej 43]

Hi Spiderpig - that's a fair summary and I have never bought a house here, so don't deny that's valid experience.  But, if the Makler is a scoundrel (and they all are) then they can come after you based on the statute and the "out of contract" thing doesn't apply so there is no contract to wait out.

 

I guess my point is, whilst your advice is not wrong, it's more complicated than that so don't buy the house without checking the situation witha lawyer or agreeing a lesser fee with the Makler.

[Biglaa 147]

On ‎12‎.‎11‎.‎2015‎ ‎17‎:‎42‎:‎07, Anton1986 said:

 

No they did not, but this whole thing happened inside my own property. I would assume I can do whatever I want there..

From my understanding of German law, your assumption is incorrect. I believe unless they specifically agree to being recorded, then it's not allowed, and definitely not admissable in court.

 

[Starshollow 6,070]

On 12.11.2015, 17:42:07, Anton1986 said:

 

No they did not, but this whole thing happened inside my own property. I would assume I can do whatever I want there..

no, you are incorrect about this. It is actually a serious statutory offense in German criminal law to record another person without their explicit permission/knowledge. And it is not admissable at court...but you can be fined and the recording tool/machine can be confiscated.