994
=U3= UTit1 -- Subtitle 1 General provisions
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=U4= Sec652 -- Section 652 Accrual of fee claim
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=S=> BGB 652. 1 A person who promises a brokerage fee for evidence of the opportunity to enter into a contract or for negotiating a contract is obliged to pay the fee only if the contract comes into existence as a result of the evidence or as a result of the negotiation of the broker . If the contract is entered into subject to a condition precedent , the brokerage fee may only be demanded if the condition is fulfilled .
=S=> BGB 652. 2 The broker is only to be reimbursed for expenses if this has been agreed . This also applies even if the contract does not come about .
=U4= Sec653 -- Section 653 Brokerage fee
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=S=> BGB 653. 1 A brokerage fee is deemed to have been tacitly agreed if in the circumstances the task entrusted to the broker can only be expected for remuneration .
=S=> BGB 653. 2 If the amount of remuneration is not specified , then if a tariff exists , the tariff rate of remuneration is deemed to have been agreed ; if no tariff exists , the customary fee is deemed to have been agreed .
=U4= Sec654 -- Section 654 Forfeiture of the fee claim
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=S=> BGB 654 The claim to a brokerage fee and reimbursement of expenses are excluded if the broker , contrary to the contents of the contract , also worked for the other party .
=U4= Sec655 -- Section 655 Reduction of the brokerage fee
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=S=> BGB 655 If a disproportionately high brokerage fee has been agreed for the evidence of an opportunity to enter into a service contract or for negotiating such a contract , then it may , on the application of the party owing it , be reduced to the appropriate amount by court decision . Reduction of the fee is excluded after it has been paid .
=U3= UTit2 -- Subtitle 2 Loan brokerage contract between an entrepreneur and a consumer
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=U4= Sec655a -- Section 655a Loan brokerage contract
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=S=> BGB 655a A contract by which an entrepreneur agrees for a fee to broker a consumer loan contract or to give the consumer evidence of an opportunity to enter into a consumer loan contract is governed , subject to sentence 2 , by the following provisions . This does not apply to the extent specified in section 491 ( 2 ) .
=U4= Sec655b -- Section 655b Written form
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=S=> BGB 655b. 1 The loan brokerage contract must be in writing . The contract , subject to other duties to provide information , must in particular , without limitation , state the fee of the loan broker as a percentage of the loan ; if the loan broker has agreed remuneration with the entrepreneur too , this remuneration must also be stated . The contract may not be linked to the application for the loan to be granted . The loan broker must notify the consumer in text form of the contents of the contract .
=S=> BGB 655b. 2 A loan brokerage contract that does not satisfy the requirements of subsection ( 1 ) sentences 1 to 3 is void .
=U4= Sec655c -- Section 655c Remuneration
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=S=> BGB 655c The consumer is only obliged to pay the fee if as the result of the negotiation by or evidence from the loan broker the loan is granted to the consumer and the loan has been paid out to the consumer and revocation by the consumer under section 355 is no longer possible . To the extent that , with the knowledge of the loan broker , the consumer loan contract is intended for the early repayment of another loan ( debt rescheduling ) , a claim to remuneration arises only if the effective annual rate of interest or the initial effective annual rate of interest is not increased ; when the effective or initial effective annual rate of interest for the loan to be repaid is calculated , any possible brokerage costs are disregarded .
=U4= Sec655d -- Section 655d Ancillary payment
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=S=> BGB 655d For services that are linked to negotiating the consumer loan contract or giving evidence of an opportunity to enter into a consumer loan contract , the loan broker may not agree any payment except for remuneration in accordance with section 655c sentence 1. However , it may be agreed that the loan broker is reimbursed necessary expenses that were incurred .
=U4= Sec655e -- Section 655e Deviating agreements, application to founders of new businesses
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=S=> BGB 655e. 1 Deviation from the provisions of this subtitle to the disadvantage of the consumer is not allowed . The provisions of this subtitle apply even if they are circumvented by other constructions . BGB 655e. 2 This subtitle also applies to loan brokerage contracts between an entrepreneur and a founder of a new business within the meaning of section 507.
=U3= UTit3 -- Subtitle 3 Marriage broking
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=U4= Sec656 -- Section 656 Marriage broking
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=S=> BGB 656. 1 No obligation is established by promising a fee for giving evidence of an opportunity to contract a marriage or for acting as a broker in arranging a marriage . What has been paid on the basis of such a promise may not be claimed back on the grounds that there was no obligation .
=S=> BGB 656. 2 These provisions also apply to an agreement by which the other party has entered into an obligation in relation to the broker for the purpose of fulfilling the promise , including without limitation to an acknowledgement of a debt .
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