Die Maklerklausel im notariellen Grundstückskaufvertrag

Christoph Althammer examines the broker clauses in notarial property sales contracts. In the real estate business, these are an integral part of the agreements which ensure that the brokers will receive their commission. This is a collective term for all those agreements pertaining to property sales contracts which make a statement about the broker's entitlement to his commission. The difficulties related to the correct determination of the addressee and of the contents when interpreting the clause originate partially in the relationship among three people which is inherent in the brokerage business. Doubts arise in particular when the wording in the notarial document is ambiguous. This is why one of the notary's main duties is to ascertain the intentions of the main contracting parties.