{"id":17596,"date":"2012-03-11T16:28:02","date_gmt":"2012-03-11T15:28:02","guid":{"rendered":"https:\/\/fiala.de\/mediation-law-in-practice-3\/"},"modified":"2021-12-12T13:47:05","modified_gmt":"2021-12-12T12:47:05","slug":"mediation-law-in-practice-3","status":"publish","type":"post","link":"https:\/\/www.fiala.de\/en\/mediation-law-in-practice-3\/","title":{"rendered":"Is an agent employed on a permanent basis by a brokerage firm a broker?"},"content":{"rendered":"

<\/span>“Is an agent permanently employed by a brokerage firm a broker or an agent bonded (to the brokerage firm)? What needs to be considered with regard to pecuniary loss liability (VSH)?”<\/i><\/b><\/h3>\n

<\/i><\/b><\/p>\n

A salaried broker, in his relationship to the brokerage firm, is at best an agent (of the broker) – but never a broker, because the “sub-broker” does not exist.<\/p>\n

Broker is the person who owns or has owned a (own) direct brokerage contract with the client – a “sub-broker”.<\/p>\n

would, however, have precisely no direct connection of its own to the customer through a brokerage contract.<\/p>\n\n

Thus, even the “free agent” of the broker who works for a brokerage office and who, for example, with the business card of the broker<\/p>\n

is not a broker in this function, but only an “agent of the broker” or an employee of the broker.<\/p>\n

In addition, however, such permanent employees may well run their own office or business.<\/p>\n

This then requires a corresponding IHK license as an insurance intermediary.<\/p>\n\n

For agents of an insurer and\/or brokerage, the following is still important with VSH:<\/strong><\/p>\n

Numerous common “liability release” statements issued by insurers hardly provide sufficient protection,<\/p>\n

because in the case of medium or gross negligence there is always the threat of recourse.<\/p>\n

Brokerage firms should check their inclusion in the VSH for their self-employed agents; the VSH cover does not regularly include the activity for a brokerage office. There is precisely no legal obligation to report and insure all employees (in the VSH of the brokerage office).<\/p>\n

Only those who are licensed by the IHK are subject to compulsory insurance in the VSH.<\/p>\n

Again and again it can be observed that agents – but also intermediaries under a “liability umbrella” – do not know whether and which risks are insured with which VSH at all. This question arises at the latest when a dissatisfied customer takes the intermediary directly into liability and sues him.<\/p>\n

This is usually the case if the “distribution company” has previously become insolvent.<\/p>\n

<\/span><\/p>\n\n

Dr. Johannes Fiala<\/span><\/p>\n

(DHBW Newsletter 08\/2010, 2)<\/p>\n

Courtesy of www.dhbw-heidenheim.de<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

“Is an agent permanently employed by a brokerage firm a broker or an agent bonded (to the brokerage firm)? What needs to be considered with regard to pecuniary loss liability (VSH)?” A salaried broker, in his relationship to the brokerage firm, is at best an agent (of the broker) – but never a broker, because […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":"","rank_math_focus_keyword":"Brokerage","rank_math_description":"A salaried broker, in his relationship to the brokerage firm, is at best an agent (of the broker) - but never a broker, because the \"sub-broker\" does not exist.","rank_math_title":""},"categories":[492],"tags":[542,577,488,514],"class_list":["post-17596","post","type-post","status-publish","format-standard","hentry","category-veroeffentlichungen-en","tag-makler-en","tag-deckung-en","tag-haftung-en","tag-regress-en"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/17596","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/comments?post=17596"}],"version-history":[{"count":0,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/17596\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/media?parent=17596"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/categories?post=17596"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/tags?post=17596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}