As a real estate agent, you know that the success of your property listing depends heavily on the quality and completeness of your exposé. A well-structured real estate brochure is not only the flagship of your property, but also a decisive factor in gaining the trust of potential buyers or tenants. But what information is required by law and how do you ensure that your exposé meets all requirements?
In the world of real estate marketing, it is essential to be informed about the current regulations and to implement them correctly in your advertisements. The mandatory details in exposés not only serve the purpose of transparency and the obligation to provide information, but also protect you from possible legal consequences. In this article, we have put together a checklist that will help you not to overlook any important details and to design your exposé in the best possible way.
Table of contents
The importance of mandatory information in the exposé
When selling or letting a property, the property description is the key tool for informing potential buyers and attracting them to the property. However, an exposé is more than just a presentation; it is also a legal document that must contain certain mandatory information. The mandatory information in a real estate exposé is required by law to ensure transparency and protect both sellers and buyers.
Why is mandatory information so important?
The purpose of mandatory information is to provide potential buyers or tenants with complete and transparent information. They enable interested parties to make an informed decision by giving them a clear idea of the key features and conditions of the property. This information helps to avoid misunderstandings or false expectations and contributes to a fair and efficient real estate market.
Transparency and trust
An exposé with all the necessary information exudes professionalism and builds trust with prospective buyers. Customers appreciate it when all relevant information is presented clearly and concisely, as this makes it easier for them to make a decision. A transparent exposé signals that you are a serious and reliable estate agent and thus strengthens your reputation on the market.
Protection from legal consequences
Failure to comply with the regulations on mandatory information can lead to legal consequences, including warnings or fines. In addition, missing important information can delay the sales or rental process or deter potential buyers. By ensuring that your property listing contains all the necessary information, you minimize the risk of legal problems and promote a smooth transaction process.
Basic mandatory information for real estate exposés
A comprehensive and legally compliant exposé is an indispensable tool for every real estate agent. It not only informs potential buyers or tenants about the most important aspects of a property, but also ensures that all legal requirements are met. Here are the basic mandatory details that should be included in every real estate exposé:
Property description
- Location: Information about the property's geographical location, infrastructure, transport links and surroundings.
- Size: The exact living or usable area in m², plot size and number of rooms.
- Year of construction and condition: Information on the year of construction of the property, its current condition and any renovations or modernizations.
- Features: Detailed information on the interior fittings, materials used, type of heating and special features such as balcony, terrace or garden.
Energy efficiency
- Energy certificate: Template and main contents of the energy certificate, including the energy efficiency class, the energy consumption or requirement and the main energy sources for heating. It must be stated whether it is a demand or consumption certificate. More information here.
- Type of heating: Information on the type of heating and energy efficiency. Information on the type of energy supply, such as gas, oil, district heating, etc.
The classification of the building based on its energy consumption, e.g. from A+ (very efficient) to H (less efficient). Specific figures on energy demand or consumption, usually given in kWh/(m²-a) should also be included.
Financial information
- Purchase or rental price: The total price or monthly rent, including ancillary costs and any estate agent commissions.
- Operating costs: A list of current operating costs, ancillary costs and, if applicable, information on the amount of the house rent.
Legal aspects
- Ownership structure: Clear details of whether the property is freehold, leasehold or similar.
- Encumbrances and restrictions: Information on existing mortgages, land charges or other encumbrances.
The use of abbreviations for the information in real estate advertisements is permissible, as there are currently no fixed specifications for the exact designations. Possible abbreviations could be: energy requirement certificate as EBA, energy consumption certificate as EVA, oil remains oil, gas remains gas, district heating as FW, solar thermal as ST, pellet heating as PH, year of construction as Bj and energy efficiency class as EEK. If no valid energy certificate is available at the time the advertisement is placed, it is not necessary to provide the above information in the advertisement.
Please note: For buildings that are not used for residential purposes, the final energy requirement and the final energy consumption for heat and electricity must be stated separately.
Tips for the optimal presentation of your exposé
An attractive and informative exposé is crucial for attracting the interest of potential buyers or tenants and successfully marketing a property. Here are some tips on how to optimize your brochure to make it both appealing and informative:
1. clear and structured information
- Clarity: Design the exposé so that it is easy to read and understand. Use headings, bullet points and paragraphs to clearly separate different sections.
- Completeness: Make sure that all mandatory and important information is included. In addition to the legally required information, this also includes details on the facilities, location and infrastructure.
2. high-quality images and visualizations
- Images: Use high-quality photos that show the property in the best light. Make sure that the pictures are well lit and that the rooms appear spacious and inviting.
- Floor plans: Provide clear and scaled floor plans to give prospective buyers a better idea of the layout and size of the property.
3. detailed descriptions
- Emotional appeal: Use descriptive and engaging text that conveys not only the features but also the lifestyle associated with the property.
- Highlight USPs: Emphasize the property's Unique Selling Points (USPs) - those features that make it special and desirable.
4. transparent communication
- Contact information: Make sure your contact information is easy to find so that interested buyers or tenants can get in touch with you quickly.
- Anticipate questions: Answer frequently asked questions in the exposé to avoid potential confusion and build trust.
5. professional layout and design
- Consistent design: Use a professional and coherent layout that reflects your brand or company. This increases recognition and trust in your professionalism.
- Readability: Ensure a clear and legible font and font size as well as a balanced use of color and white space.
A well-designed exposé is a powerful tool in real estate marketing. It not only serves to convey all relevant information, but also to evoke emotions and create a connection between the property and the potential buyer or tenant. By following these tips, you can ensure that your exposé not only contains all the necessary information, but is also presented in the best possible light.
Legal consequences of non-compliance with the mandatory information in real estate exposés
Failure to comply with the mandatory information in real estate exposés can have serious legal consequences for real estate agents and sellers. It is essential to be aware of these risks and take appropriate measures to avoid them. Here are the possible legal consequences and how you can avoid them:
1. warnings
- Competition law: The absence of mandatory information can be considered anti-competitive. Competitors or consumer protection associations can issue warnings, which may be associated with injunctive relief and claims for damages.
- Costs: The costs of a warning letter, including legal fees, can be considerable and should not be underestimated.
2. fines and penalties
- Fines: Failure to comply with legal requirements, particularly in the area of energy saving law (EnEV), can be classified as administrative offenses, with fines of up to €15,000 being imposed. You can find more details here.
- Criminal consequences: In extreme cases, especially in the case of deliberate deception, there may also be criminal consequences.
3. withdrawal from the contract and compensation
- Right of withdrawal: Under certain circumstances, buyers or tenants could withdraw from the contract if they discover after signing the contract that essential information in the exposé was missing or incorrect.
- Compensation: In the event of withdrawal, claims for compensation may arise if the buyer or tenant has suffered damage as a result of the missing or incorrect information.
4. damage to reputation
- Loss of trust: In addition to the direct financial and legal consequences, non-compliance with the mandatory information can also lead to a loss of trust among customers and in the industry.
- Reputation: The reputation of a broker or seller is essential for business success. Legal problems can have a long-term negative impact on business and customer relationships.
The requirements relate to advertisements in commercial publications, such as daily newspapers or online portals. Private, free-of-charge classified advertisements and free-of-charge notices on notice boards are exempt from these regulations.
The responsibility for meeting the requirements always lies with the seller, landlord, lessor or lessor, even if the advertisement placement is delegated to a third party, such as an estate agent or administrator.
Is it necessary to produce new energy performance certificates in order to provide the required information? The required information only needs to be provided if a valid energy performance certificate exists. If no valid certificate exists, it is not necessary to create one solely for the advertisement. However, it must be possible to present a valid energy performance certificate at a viewing appointment. If an energy performance certificate already exists, it is not necessary to prepare a new one in accordance with the guidelines of EnEV 2014. Energy performance certificates issued in accordance with the provisions of EnEV 2009 can be used on condition that the specified energy consumption value is increased by 20 kWh/(m²-a) if the consumption for hot water is not taken into account in the certificate.
Compliance with the mandatory information in real estate exposés is not only a legal necessity, but also a sign of professionalism and integrity. By adhering to the regulations, you not only avoid potential legal consequences, but also strengthen the trust of your customers and protect your reputation in the market. Comprehensive knowledge of the legal requirements and a careful review of your exposés are essential to minimize these risks and be successful in the real estate business.
The mandatory information in real estate advertisements, particularly with regard to energy efficiency, is primarily regulated in Germany by the Energy Saving Ordinance (EnEV). The specific requirements for mandatory information in real estate advertisements can be found in Section 16a of the EnEV. This regulation stipulates which energy efficiency information must be included in commercial real estate advertisements.
The Unfair Competition Act (UWG) also plays a role, in particular Section 5a (2) UWG, which deals with the withholding of material information. This paragraph was used by the Federal Court of Justice (BGH) in its rulings regarding mandatory information in real estate advertisements to make it clear that estate agents have a duty to provide this information so as not to mislead consumers.
The fines for violations of the EnEV, including non-compliance with the requirements for information in property advertisements, are regulated in Section 27 of the EnEV, which sets out the penalties for administrative offenses.
For the most up-to-date information and any changes in legislation, it is advisable to consult the latest version of the EnEV as well as the UWG or seek legal advice, as legal frameworks can change.
