Start your own business as a real estate agent

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34c is the magic word if you want to start your own business as a real estate agent. According to this regulation, you need an official permit. You will get this if you meet the legal requirements.

Brokerage services are subject to authorization.
Brokerage services are subject to authorization.

What you need:

  • Brokerage license

It is popularly said that whoever becomes nothing becomes a landlord or broker. But it's not that simple, because: Not everyone can become a broker. If you want to become self-employed, you need a special business license.

Do not become self-employed without specialist knowledge

  • If you want to become self-employed as a real estate agent, you need a business license according to § 34c of the trade regulations (broker and property developer license).
  • After all: A specific training or professional qualification is not required. Of course, you are well advised if you have specialist knowledge, as only then will you have a real chance in competition.

As a real estate agent, you need to prove your reliability

  • You will only get this brokerage license if you can prove the required reliability. This is missing if you were in the last five years prior to applying for a permit because of a crime or because of a property offense (embezzlement, fraud, embezzlement, forgery) or convicted of a bankruptcy offense became. Proof that you are a blank slate is provided by a police clearance certificate.
  • You must also live in an orderly financial situation. These do not exist if insolvency proceedings have been opened against your assets or have been rejected due to lack of assets or you have the Have submitted an affidavit or a detention order in the debtor register of your local court is registered.
  • Real estate agent - requirements for self-employment

    In order to become self-employed as a real estate agent, you need an official ...

  • You must also present the clearance certificate from your tax office, which shows that you do not owe any tax.
  • If there are no such grounds for refusal, you have a legal right to be granted permission. The permit is valid for the entire federal territory.

You are acting improperly without permission

  • If you offer your services as a real estate broker without having a broker's license, you are committing an administrative offense that is threatened with a fine of up to € 5000
  • If you have been granted permission, you are obliged to contact the person responsible for your place of business before starting your work Ordnungsamt (in Hamburg and Rhineland-Palatinate the Chamber of Commerce and Industry) to report the start of your activity as a real estate agent (§ 14 GewO). If you fail to do this, it will be regarded as an administrative offense threatened with a fine of up to € 1000.

If you set up a GmbH, this also requires authorization

  • If you would like to exercise your activity in the legal form of a GmbH, the GmbH needs a broker's license. As a managing director, you also need such a permit. If the managing director of the GmbH changes, this must be reported to the authority.
  • If you are active as a partnership (oHG, GbR, KG), every managing partner needs a broker's license.
  • The trade office at your place of business or your place of residence is responsible for issuing a permit. Permission is granted for life.
  • If you occasionally work as a real estate agent in other European countries (EU), your German brokerage license is sufficient. If you want to work permanently in another EU country, you need a permit under local law.

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