Can I change my broker?
Terminate brokerage agreement
5. Termination of the brokerage contract - legal consequences
If the brokerage contract is terminated, the broker may claim compensation if the broker has already started marketing the property at the time of termination. Claims for damages come into consideration in particular if the termination of the brokerage contract was ineffective or the owner himself has violated contractual obligations.
Example: If the owner has commissioned other brokers despite the conclusion of an exclusive marketing contract, the broker can claim a possible loss of profit as compensation, provided that he could demonstrably have brokered a buyer. As a rule, owners do not incur any costs when terminating a brokerage contract, as the broker is only entitled to his brokerage commission if it is successful. However, if it was explicitly agreed in the brokerage contract that the broker is to be reimbursed for the expenses for the sales efforts even in the event of failure, the owner can quickly incur costs of 2,000 or 3,000 euros in the event of termination.
Danger: If the broker has already placed an interested party with whom a notarized purchase contract is concluded after the brokerage contract has been terminated, the real estate broker is entitled to the agreed broker's commission.
Practical tip for terminating brokerage contracts
Even if a brokerage contract has not yet expired and the broker has not committed any breach of duty, it is usually not that difficult to get out of a brokerage contract. The reason: A broker is no longer interested in continuing his sales efforts if the client is no longer interested in his brokerage activity. After all, a real estate agent cannot force an owner to sign a sales contract even if he can deliver a prospect who would pay the required purchase price. The real estate agent is therefore dependent on the trust of the owner.
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