Brokerage contracts may be extended automatically

Anyone who places an order with the painter must properly release him from it.
Picture: dpa

Anyone who concludes a brokerage contract should make sure to terminate it before selling the property to someone else. Otherwise the fee may still have to be paid.

MBrokerage contracts without termination by the client may be automatically extended. This applies at least if the new period is not more than half of the original term. This was decided on Thursday by the Federal Court of Justice (BGH) in Karlsruhe (Az. I ZR 40/19). Specifically, it was about an order for the sale of a condominium in the Stuttgart area, which was initially limited to six months. However, one clause stipulated that the contract would be extended by three months without notice.

According to the judgment of the highest civil judges, such a regulation is “fundamentally harmless”. The customer in the case had found a buyer through another broker after six months – without having given notice. It would therefore owe the initially commissioned Kreissparkasse Waiblingen damages of more than 15,500 euros due to the lost commissions.

However, the reference to the four-week notice period in this special case was hidden in an annex to the contract. According to the judges, it has therefore not become an effective part of the contract. The Sparkasse is therefore leaving empty handed.

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