Can my father start a real estate company without permission if I have permission and am employed by his company?

I have a license under Section 34C to broker real estate. Can my father, who doesn't have a license, set up a real estate company and hire me, thus fulfilling the license requirement?

(2 votes)
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kegus
1 year ago

As I accept § 34c GewO and the relevant information pages of various IHK, the owner himself needs this permission. For legal persons, e.g. even those who have permission, it is not enough for a (official) managing director to have it. Consequently, your father needs permission if he wants to run the business.

Geochelone
1 year ago

No, the trader needs permission.

Instead of asking here, a view into the law would have created clarity;-)

DerHans
1 year ago

The Owner the real estate company must of course have permission for this business. He’s the one who’s HAFTET.

Geochelone
1 year ago
Reply to  DerHans

This has nothing to do with liability. The 34c permit is primarily about the reliability of the trader, so it is not enough that you know and hire someone who is reliable;-)

DerHans
1 year ago
Reply to  Geochelone

Of course, this also has grounds for liability. The trader must have the liability for damages on SEINEN names. The son would then be insured as an agent.

DerHans
1 year ago

That’s why I wrote “AUCH.” There’d be nothing here to bring a duty to the son.

Geochelone
1 year ago

The trader is always liable, even if – as in the case of craft businesses – a necessary permission/application is made to an employee (handicraft manager).