Legal Assistance for Real Estate Agents in Defect

Questioner

we hired a broker on September 14, 2018 to sell our company, it concerns the inventory goodwill and trade name, but the broker does not come with anyone while he promised us that he would have sold it in December 2018. we also had to find replacement housing as of December 2018, that broker also called another broker for housing, but to date nothing has happened and he denies everything, even if we were to find a broker, but now he is not handing over our papers such as rental contracts and turnover figures, so that it is simply stuck. can we now put our broker in default and impose a damage amount because nothing more is happening now?

Lawyer

Yes, but then distinguish the market trader's talk and promises from the hard agreements as they result from the agreement. These must not have been fulfilled, it will mainly concern best efforts obligations, the violation of which is usually difficult to prove.

Lawyer

If you can prove that the broker sold your company, for example through app traffic or email messages, that you had to find alternative accommodation, then you have a point. In any case, he must return to you those things that belong to you, such as rental contracts and turnover figures. You may be able to cancel the agreement with the broker without any costs. I advise you to request your papers back from the broker in writing and, if necessary, to summon him to do so. Do you have any questions? Please feel free to ask.