German Real Estate Lawyers
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Real Estate License Germany
German Real Estate Lawyers
Our Services
Contact
Team
The German real estate market, renowned for its stability and resilience, presents plenty of opportunities for a lucrative career as a real estate broker in Germany. However, it is a complex and meticulously regulated landscape and requires solid legal knowledge. An extensive understanding of legal regulations is crucial for anyone considering a career as a freelance real estate broker or those contemplating launching a real estate enterprise.
Our Lawyers at Schlun & Elseven guide aspiring brokers through the labyrinth of laws, ensuring that every aspect of their venture is meticulously structured on a solid legal basis.
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Legal Situation in Germany
Contrary to the requirements in the United States of America, no official license is required to be a real estate agent in Germany. However, you need an official permit to work as a freelance real estate broker according to § 34c of the German Trade Regulations (GewO).
A real estate broker serves as an intermediary between buyers and sellers, assisting both parties in finding suitable property deals, negotiating terms, and overseeing the transaction process. This requires a lot of trust and diligence to ensure all legal regulations are followed. Accordingly, to obtain the above-mentioned permit, the applicant must substantiate that they are trustworthy and live in stable financial circ*mstances.
- The applicant is consistently not considered trustworthy if they have been convicted of theft, embezzlement, blackmail, fraud, forgery, dealing in stolen goods, or because of a bankruptcy or insolvency offense.
- The applicant’s financial stability is affirmed, as there are no ongoing insolvency proceedings against their assets, nor have they been discharged due to insufficient assets. Furthermore, there are no records of detention orders or affidavits in the debtor listings of local courts pertaining to the applicant.
Therefore, applicants who exhibit trustworthiness and live in stable financial circ*mstances are entitled to a permit.
Several documents must be on hand to apply for the permit. Our lawyers have extensive experience and are happy to assist you with applying for the necessary documents and the permit itself. According to § 34 c GewO, the permit cost is usually in the lower three-digit range. Any natural person or corporate identity can apply for the permit. If you are looking to found a real estate company in Germany, read more here about Company Formation in Germany.
Legal Assistance in Real Estate
A significant portion of a real estate broker’s job involves drafting and negotiating contracts and agreements between buyers and sellers. These contracts must adhere to German laws and regulations. Even minor errors in documentation or procedures can lead to legal disputes. Our lawyers possess extensive experience in contract law and real estate regulations, ensuring that all documents you prepare are legally sound – protecting your and your clients’ interests and minimizing legal risks.
Beyond that, our team helps you ensure that you operate in full compliance with all relevant laws and regulations like the Provisions of the Broker and Developer Ordinance (Vorschriften der Makler- und Bauträgerverordnung), the Law on the Regulation of Housing Agency (Gesetz zur Regelung der Wohnungsvermittlung) as well as data protection and anti-money laundering measures.
Schlun & Elseven: Legal Assistance at Your Side
Our legal experts at Schlun & Elseven are well-versed in the intricacies of German real estate law, guiding you through every step of the process, from applying for a permit to advising you and your business through transactions in the future. In the event of any legal challenges, we’ll stand by your side, offering expert advice and representation to protect your interests and minimize your exposure to legal risks. Contact us now.
Practice Group: German Real Estate Law
Practice Group:
German Real Estate Law
Contact
Online Form
+4922193295960
info@se-legal.de
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Dr. Tim Schlun
Lawyer | Managing Partner
Tobias Pluntke
Lawyer
Verena Ziemes
Lawyer | Freelance
Contact
Online Form
+4922193295960
info@se-legal.de
Locations
Contact our Lawyers for German Real Estate Law
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.