Trading real estate has an essential influence on the economy of modern economies both in relation to private persons and business enterprises dealing with ownership and trading of real estate.
Trading of real estate therefore enjoys a considerably heavy regulation in relation to the fact that the general principle for trade between two private parties is the freedom of contract. Especially in situations where at least one of the trading parties is a consumer, the behavior of the real estate broker enjoys an comprehensive regulation. The duties of the real estate broker in this relation is first and foremost regulated by the Act on Real Estate Brokers, which however does not regulate the real estate brokers in a trade between two professional parties (non-consumers).
Bergenser Law Firm has comprehensive and many years of experience with the civil liability of real estate brokers, both on the area for consumers and with different types of commercial real estate (agriculture, rental property, production facilities, camping sites, amusement parks etc.) Most of the duties between the consumer real estate broker and the business broker are identical or very similar. However in a number of situations the duties differ fundamentally. Among other fundamental issues the question of the buyer’s caveat emptor-duty and the question of the distinction between what could be considered to be described as a guarantee or just a endorsement without legal consequences are quite different on the consumer area and the non-consumer area. Lawyer Søren Bergenser has made an article about this issue in the Legal Business Review (Erhvervsjuridisk Tidsskrift) 2009, volume 4, p. 313 f.
Bergenser Law Firm has an extensive knowledge about the set of rules, for example comprehensive regulation made by The Danish Association of Chartered Estate Agents (DE), the ethical code, submitting questions to the Complaint Board etc.
Bergenser Law Firm also has extensive experience with the claims related to the risks that real estate brokers endeavour when they have activities outside of Denmark.
Bergenser Law Firm has an extensive experience and insight with the adjacent legal areas and professionals operating within the area of trading real estate. Insight in the area of home warranty insurance, the professional liability of building experts (Huseftersynsordningen), and the role of lawyers, engineers and others involved in the transaction is of essential meaning in order to be able to give an adequate advice within this area.
Bergenser Law Firm has a comprehensive insight in the liability insurance relations for real estate brokers which is statutory by law in Denmark. Bergenser Law Firm has made numerous evaluations of different coverage issues in relation to especially gross negligence, real estate broker’s activities outside of Denmark and other insurance- and guarantee matters.
Furthermore Bergenser Law Firm undertakes the interest of real estate brokers in relation to discipinary questions in front of the Realtor Board and the Disciplinary Board for Real Estate Agents, and in relation to criminal issues for real estate brokers.
Finally Bergenser Law Firm are advisors to real estate brokers regarding regulatory issues related to the operating a real estate broker business and in relation to the franchising issues in connection with the large chains of real estate brokers in Denmark.