Property ads must contain energy certificate data, and commission claims must be accurate.
Legal framework
- § 87 GEG: mandatory energy data in commercial property ads (type of certificate, energy demand or consumption, main energy source, year of construction, efficiency class) – also for brokers
- §§ 656a–656d BGB: commission sharing for sales to consumers; § 2(1a) WoVermittG (principal pays for rentals)
- § 5 UWG: “commission-free” is misleading if a fee is charged
Case law
- BGH, 5 Oct 2017, I ZR 229/16 and others – brokers must state essential energy data under § 5a UWG
Case examples
Ad without energy data
A broker advertises a flat on a portal without the energy class although a certificate exists. This is a breach of § 87 GEG and § 5a UWG.
“Commission-free for buyers”
A broker advertises “commission-free” but the purchase agreement requires the buyer to reimburse half the fee. This is misleading.
