Germany – Research and development services and related consultancy services – Forschungsvorhaben zur Evaluierung des Gesetzes über die Verteilung der Maklerkosten bei der Vermittlung von Kaufverträgen über Wohnungen und Einfamilienhäuser

The Act on the Allocation of Brokerage Costs in the Mediation of Purchase Contracts for Apartments and Single-Family Homes (BGBl. I 2020, No. 28) entered into force on 23 December 2020. The aim of the Act was to introduce changes in brokerage law, by means of nationwide uniformly binding regulations, to increase transparency and legal certainty in the mediation of purchase contracts for apartments and single-family homes and, in particular, to protect consumers as buyers of residential property from the exploitation of a de facto compulsory situation. The core element of the Act was a prohibition on the full or predominant transfer of brokerage costs to a party to the purchase contract, provided that a consumer or consumer is on the buyer's side. This prohibition was introduced regardless of whether both or only one of the parties to the purchase contract are also parties to the brokerage contract. In the case of a (brokerage) contract conclusion only between one of the parties to the purchase contract and the broker/broker, a maximum upper limit of 50 percent of the total brokerage fee to be paid was set for the (contractual) passing on of the brokerage costs. To secure the aforementioned regulation, it was legally stipulated that in the event of the passing on of the brokerage costs to the party that has not concluded the brokerage contract, the payment of the brokerage fee will only become due when the other party has proven that it has fulfilled its payment obligation. Similarly, in the case where both the seller and the buyer are parties to the brokerage contract, a half share of the costs was legally stipulated. In the justification of the government draft of the "Act on the Allocation of Brokerage Costs in the Mediation of Purchase Contracts for Apartments and Single-Family Homes" it was announced that it is intended to evaluate the amended provisions no later than five years later (Bundestagsdrucksache 19/15827, page 18). The subject of the evaluation is to be the examination of whether the objectives pursued with the new regulation have been achieved and what side effects have possibly occurred. In particular, it is to be checked on the basis of the actual development of the market for apartments and single-family homes, whether brokerage costs that have arisen primarily in the interest of the seller are still being transferred to buyers of these properties. In this context, it is to be determined on the basis of market developments in the area of brokers how the regulations on the distribution of the brokerage fee have affected the level of usual remuneration and the traceability of price formation. The evaluation is to be carried out on the basis of raw housing market data (in particular the purchase prices of the relevant properties), a survey of the relevant market participants (buyers, sellers and brokers) as well as members of the affected legal professions. The contractor or contractor is to independently develop a research concept. Based on the specification of services, the research topics, questions, and certain methodological approaches – not conclusively – are specified. On this basis, innovative solution proposals are to be developed and thus essential own contributions to the structured design of the service are to be made. A conceptual solution in the sense of § 14 para 3 no 2 VgV is expected. The service is to be awarded as a single contract. Further details can be found in the tender documents.