(expert report): Mr. Fiala, you have looked at the contributions to the costs of the annual audit in the epn forum. How do you interpret the enormous price differences?

RA Johannes Fiala): The prices are certainly regularly related to the auditor’s efforts. If pools offer such tests for an apple and an egg, I can only suspect a subsidy as the reason for this. Usually the prices are in the three-digit range.

(expert report): Who is allowed to perform such tests. What are the consequences of a violation?

(RA Johannes Fiala): If the agent only (!) brokers real estate, housing or loans, then the examination can also be carried out by a “limited suitable examiner”, for example a RA or StB. Otherwise, only auditors and sworn auditors are authorised to accept the audit. If the regulations are violated, the business license may be revoked.

(expert report): How does such an audit work in practice? What should be presented?

(RA Johannes Fiala): In principle, the business letters, all documents relating to the products offered (see the experten.de CD-ROM), as well as the bank statements of the banks must be submitted. This may go so far as to include a review of the trader’s insurance cover, including the suitability

.

(expert report): What happens if the audit report is not submitted, not correct, not complete or not submitted on time, or if a statement mentioned therein is not submitted, not correct or not submitted on time?

(RA Johannes Fiala): This is treated as an administrative offence according to the trade regulations (GewO); usually with a fine of up to 2,500 Euros. If the conduct – after an overall view of all circumstances, also taking into account proportionality – proves to be an expression of unreliability according to § 35 GewO, a trade ban can also be imposed.

(expert report): Thank you for this information